Supreme Court Advocates for Childcare and Feeding Rooms in Public Spaces

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Supreme Court Advocates for Childcare and Feeding Rooms in Public Spaces The Supreme Court of India has suggested that the Union Government develop a comprehensive policy addressing the construction of feeding rooms and childcare facilities  in public places. This move aims to ensure that nursing mothers and their children can access basic amenities in a dignified and private manner, reinforcing their fundamental rights under the Indian Constitution. SC Encourages Policy Formulation A bench comprising Justice BV Nagarathna  and Justice N Kotiswar Singh  highlighted the absence of a structured framework to address this pressing issue. The court advised the Centre to propose a policy that could then be implemented across the states, scheduling the next hearing for December 10, 2024.   The apex court emphasized that before issuing formal directions, it was crucial to understand the Centre’s perspective on implementing the petitioner’s demand for childcare and feedi...
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A Discourse on Articles 233 to 235 of the Indian Constitution: Modern Relevance and Case Law Analysis

A Discourse on Articles 233 to 235 of the Indian Constitution: Modern Relevance and Case Law Analysis



Introduction:


The Indian Constitution, a living document that governs the nation, encompasses a range of provisions to ensure a robust judicial system. Among these provisions, Articles 233 to 235 hold significant importance as they define the appointment, qualifications, and conditions of service of district judges. In this article, we engage in a comprehensive discussion on the relevance of these articles in the modern era, while exploring relevant case laws that illustrate their practical application.


Article 233: Appointment of District Judges


Article 233 outlines the process of appointing district judges, who hold key positions in the judicial hierarchy. It mandates that appointments shall be made by the Governor of the respective state, in consultation with the High Court concerned or the Governor in concurrence with the High Court.


Case Law: In the case of All India Judges Association v. Union of India (2002), the Supreme Court emphasized that the appointment of district judges should be transparent and devoid of political influence. The court held that the consultation process between the Governor and the High Court must be meaningful, ensuring that only deserving candidates are appointed. This case underscored the significance of maintaining the integrity of the appointment process to ensure an independent and impartial judiciary.


Article 234: Recruitment of Persons Other than District Judges to the Judicial Service


Article 234 deals with the recruitment of individuals other than district judges to the judicial service. It provides the Governor with the power to make rules for the appointment and conditions of service of persons in subordinate judicial services.


Case Law: The Supreme Court, in the case of All India Judges Association v. Union of India (1993), reiterated the importance of a fair and transparent recruitment process for subordinate judicial services. The court held that merit and ability should be the sole criteria for selection, ensuring that qualified individuals are appointed to these positions. This case highlighted the need for a rigorous recruitment process to maintain the quality and integrity of the subordinate judiciary.


Article 235: Control over Subordinate Courts


Article 235 vests control and supervision of subordinate courts in the High Court. It empowers the High Court to exercise administrative and disciplinary control over district judges and other judicial officers within its jurisdiction.


Case Law: The case of State of Tamil Nadu v. P.K. Sinha (1979) addressed the issue of disciplinary control of subordinate judicial officers. The Supreme Court held that the power of the High Court to take disciplinary action against subordinate judicial officers is a part of the constitutional scheme to ensure an independent and efficient judiciary. This case emphasized the importance of maintaining discipline and accountability among judicial officers to uphold the integrity of the judicial system.


Conclusion:


Articles 233 to 235 of the Indian Constitution form the bedrock for the appointment, qualifications, and conditions of service of district judges and other judicial officers. These articles play a crucial role in ensuring an independent, impartial, and efficient judiciary in the modern era. The case laws discussed above illustrate the judiciary's efforts to safeguard the principles enshrined in these provisions, such as transparency in appointment processes, merit-based recruitment, and disciplinary control. As India progresses, it becomes increasingly vital to uphold these constitutional provisions to strengthen the judicial system and preserve public trust in the administration of justice.

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