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Showing posts from June, 2023

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...

Top 10 Landmark Judgments in the Indian Constitution: Shaping India's Legal Landscape till 2023

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Top 10 Landmark Judgments in the Indian Constitution: Shaping India's  Legal Landscape till 2023 Introduction The Indian Constitution is the bedrock of the country's legal system, providing a framework for justice, equality, and fundamental rights. Over the years, the judiciary has delivered several landmark judgments that have had a profound impact on Indian society. This article explores the top 10 landmark judgments in the Indian Constitution until 2023, highlighting their significance in shaping India's legal landscape. 1. Kesavananda Bharati v. State of Kerala (1973): In the historic Kesavananda Bharati case, the Supreme Court established the doctrine of basic structure, asserting that certain fundamental features of the Constitution cannot be amended. This landmark judgment curtailed the amending power of the Parliament and safeguarded the core values and principles enshrined in the Constitution. 2. Maneka Gandhi v. Union of India (1978): The Maneka Gandhi case expand...

Safeguarding Tribal Rights: Exploring Articles 328 to 332 of the Indian Constitution

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Safeguarding Tribal Rights: Exploring Articles 328 to 332 of the Indian Constitution Introduction : Articles 328 to 332 of the Indian Constitution are pivotal in safeguarding the rights and interests of tribal communities. These articles recognize the unique socio-cultural identity of tribal populations and aim to protect their distinctiveness, land rights, and promote their overall welfare. In this article, we will delve into a comprehensive discussion, exploring the significance of these articles in the modern era and analyzing relevant case laws that shed light on their application and relevance in contemporary India. Article 328: Reservation of seats for Scheduled Tribes in the Legislatures : Article 328 provides for the reservation of seats for Scheduled Tribes (STs) in the State Legislative Assemblies and the Parliament of India. This provision ensures political representation for STs and acknowledges their underprivileged position in society. The case of R.C. Poudyal v. Union of...

Article 54 of the Indian Constitution: People's Role in Democracy and the Modern Era's Implications

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Article 54 of the Indian Constitution: People's Role in Democracy and the Modern Era's Implications Introduction Article 54 of the Indian Constitution highlights the significance of citizens' participation in the democratic process through the election of the President. In the current modern era, marked by technological advancements and evolving political dynamics, it is crucial to discuss the scope, implications, and relevant case laws associated with Article 54. Understanding Article 54 Article 54 establishes the method of electing the President of India. It emphasizes the democratic principle that the President should be elected by an electoral college comprising elected representatives of both houses of Parliament and state legislatures. Relevant Case Laws Shaping the Interpretation of Article 54 1. Nand Kishore v. Union of India (1980): In this case, the Supreme Court clarified the meaning and interpretation of the term "elected members" in Article 54. The co...

Ensuring Equality in Matters of Public Employment: Exploring Articles 325 to 327 of the Indian Constitution

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Ensuring Equality in Matters of Public Employment: Exploring Articles 325 to 327 of the Indian Constitution Introduction : Articles 325 to 327 of the Indian Constitution are vital provisions that ensure equality in matters of public employment. These articles aim to eliminate discrimination based on religion, race, caste, sex, or place of birth in the context of eligibility and access to public employment opportunities. In this article, we delve into a comprehensive discussion, exploring the significance of these articles in the modern era and analyzing relevant case laws that shed light on their application and relevance in contemporary India. Article 325: Prohibition of discrimination on grounds of religion, race, caste, sex, or place of birth : Article 325 guarantees the right to equality in matters of public employment, irrespective of religion, race, caste, sex, or place of birth. It prohibits any discrimination or preference in public employment based on these grounds. In the cas...

Article 53 of the Indian Constitution: Executive Power and Constitutional Framework in the Modern Era

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Article 53 of the Indian Constitution: Executive Power and Constitutional Framework in the Modern Era Introduction Article 53 of the Indian Constitution delineates the executive power of the Union, highlighting the roles and responsibilities of the President as the head of state. In the current modern era, marked by evolving governance structures and emerging challenges, it is crucial to discuss the scope, implications, and relevant case laws associated with Article 53. Understanding Article 53 Article 53 establishes the President as the executive head of the Union. It outlines the executive powers vested in the President and serves as the basis for the functioning of the executive branch of the Indian government. Relevant Case Laws Shaping the Interpretation of Article 53 1. Ram Jawaya Kapoor v. State of Punjab (1955): In this landmark case, the Supreme Court clarified the scope and nature of executive power under Article 53. The court held that executive power is co-extensive with le...
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Articles 314 to 317 of the Indian Constitution: Services of the State Public Service Commissions Introduction : The Indian Constitution includes provisions regarding the establishment and functioning of State Public Service Commissions. Articles 314 to 317 outline these provisions, focusing on the composition, powers, and functions of State Public Service Commissions. In this article, we engage in a comprehensive discussion, exploring the relevance of these articles in the modern era and analyzing relevant case laws that shed light on their significance in contemporary India. Article 314: Appointment of the Chairman and members of the State Public Service Commission : Article 314 addresses the appointment of the Chairman and members of the State Public Service Commission (SPSC). The provision ensures that the appointments are made by the Governor of the state. However, specific case laws directly related to Article 314 are limited. Nevertheless, the provision emphasizes the importance ...

Article 52 of the Indian Constitution: The President and the Modern Era's Evolving Role

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Article 52 of the Indian Constitution: The President and the Modern Era's Evolving Role Introduction Article 52 of the Indian Constitution defines the position and powers of the President of India. In the current modern era, marked by a changing socio-political landscape and emerging challenges, it is crucial to discuss the scope, implications, and relevant case laws associated with Article 52. Understanding Article 52 Article 52 establishes the office of the President as the head of the Indian state. It outlines the qualifications, election process, term of office, and powers of the President. Relevant Case Laws Shaping the Interpretation of Article 52 1. Kesavananda Bharati v. State of Kerala (1973): This landmark case dealt with the basic structure doctrine and the limits of constitutional amendments. The Supreme Court held that the President's power to issue ordinances, as outlined in Article 123, is subject to judicial review. The case highlighted the need to balance execu...

Articles 310 to 313 of the Indian Constitution: Public Services and Public Service Commissions

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Articles 310 to 313 of the Indian Constitution: Public Services and Public Service Commissions Introduction : The Indian Constitution incorporates provisions regarding public services and the establishment of Public Service Commissions. Articles 310 to 313 outline these provisions, focusing on the appointment, tenure, and conditions of service for public servants, as well as the role and functions of Public Service Commissions. In this article, we engage in a comprehensive discussion, exploring the relevance of these articles in the modern era and analyzing relevant case laws that shed light on their significance in contemporary India. Article 310: Tenure of office of persons serving the Union or a state : Article 310 provides security of tenure to public servants serving the Union or a state. It ensures that public servants cannot be dismissed or removed from service without an inquiry and due process. The case of Shyam Lal v. the State of U.P. provides insights into the interpretat...

Article 51 of the Indian Constitution: Promoting International Peace and Security in the Modern Era

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Article 51 of the Indian Constitution: Promoting International Peace and Security in the Modern Era Introduction Article 51 of the Indian Constitution embodies the directive principle of state policy that emphasizes the promotion of international peace and security. In the current modern era, marked by global interconnectedness and geopolitical challenges, it is crucial to discuss the scope, implications, and relevant case laws associated with Article 51. Understanding Article 51 Article 51 is a part of the Directive Principles of State Policy (DPSP) enshrined in Part IV of the Indian Constitution. It outlines the duty of the state to promote international peace and security, maintain just and honorable relations between nations, foster respect for international law, and encourage settlement of international disputes through peaceful means. Relevant Case Laws Shaping the Interpretation of Article 51 1. Vishaka v. State of Rajasthan (1997): This landmark case addressed the issue of sexu...

Articles 306 to 309 of the Indian Constitution: Taxes on Professions, Trades, and Callings

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Articles 306 to 309 of the Indian Constitution: Taxes on Professions, Trades, and Callings Introduction : The Indian Constitution incorporates provisions regarding the imposition and regulation of taxes on professions, trades, and callings. Articles 306 to 309 outline these provisions, focusing on the power of the Union and the states to levy and collect taxes for revenue purposes. In this article, we engage in a comprehensive discussion, exploring the relevance of these articles in the modern era and analyzing relevant case laws that shed light on their significance in contemporary India. Article 306: Taxes on professions, trades, and callings : Article 306 grants the power to the Union and the states to levy taxes on professions, trades, and callings. This provision enables the government to generate revenue through the taxation of various professional activities. The case of the State of Madras v. Gannon Dunkerley & Co. provides insights into the interpretation and application ...

Article 50 of the Indian Constitution: Separation of Judiciary from Executive in the Modern Era

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Article 50 of the Indian Constitution: Separation of Judiciary from Executive in the Modern Era Introduction Article 50 of the Indian Constitution encapsulates the directive principle of state policy that emphasizes the separation of the judiciary from the executive to ensure the independence and impartiality of the judicial system. In the current modern era, marked by evolving legal challenges and the need for a robust judicial system, it is essential to discuss the scope, implications, and relevant case laws associated with Article 50. Understanding Article 50 Article 50 is a part of the Directive Principles of State Policy (DPSP) enshrined in Part IV of the Indian Constitution. It states that the state shall take steps to separate the judiciary from the executive in the public services of the state. Relevant Case Laws Shaping the Interpretation of Article 50 1. Union of India v. R. Gandhi (2010): In this case, the Supreme Court dealt with the issue of post-retirement government appo...

Articles 302 to 305 of the Indian Constitution: Restrictions on Trade, Commerce, and Intercourse

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Articles 302 to 305 of the Indian Constitution: Restrictions on Trade, Commerce, and Intercourse Introduction : The Indian Constitution incorporates provisions regarding restrictions on trade, commerce, and intercourse between states. Articles 302 to 305 outline these provisions, focusing on the power of the Union and the states to impose restrictions for public interest reasons. In this article, we engage in a comprehensive discussion, exploring the relevance of these articles in the modern era and analyzing relevant case laws that shed light on their significance in contemporary India. Article 302: Power of Parliament to impose restrictions on trade, commerce, and  intercourse : Article 302 grants the power to the Parliament to impose restrictions on trade, commerce, and intercourse between states for public interest reasons. This provision ensures that the Parliament can regulate economic activities to protect national security, public health, morality, and other vital concerns....

Article 49 of the Indian Constitution: Protection of Monuments and Heritage Sites in the Modern Era

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Article 49 of the Indian Constitution: Protection of Monuments and Heritage Sites in the Modern Era Introduction Article 49 of the Indian Constitution embodies the directive principle of state policy that emphasizes the protection of historical monuments, archaeological sites, and objects of national importance. In the current modern era, marked by rapid urbanization and development, it is crucial to discuss the scope, implications, and relevant case laws associated with Article 49. Understanding Article 49 Article 49 is a part of the Directive Principles of State Policy (DPSP) enshrined in Part IV of the Indian Constitution. It states that the state shall protect every monument or place of historical, archaeological, or artistic interest, declared as such by or under law made by Parliament. Relevant Case Laws Shaping the Interpretation of Article 49 1. State of Bihar v. Kameshwar Singh (1952) : The Kameshwar Singh case dealt with the constitutional validity of the Bihar Land Reforms A...

Articles 297 to 301 of the Indian Constitution: Acquisition and Transfer of Property

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Articles 297 to 301 of the Indian Constitution: Acquisition and Transfer of Property Introduction : The Indian Constitution incorporates provisions regarding the acquisition and transfer of property. Articles 297 to 301 outline these provisions, focusing on the power of the Union and the states to acquire, hold, and dispose of property. In this article, we engage in a comprehensive discussion, exploring the relevance of these articles in the modern era and analyzing relevant case laws that shed light on their significance in contemporary India. Article 297: Succession to property, assets, rights, and liabilities in certain case : Article 297 deals with the issue of succession to property, assets, rights, and liabilities in certain cases, primarily related to the reorganization of states or formation of new states. This provision ensures a smooth transfer of property and financial obligations during such processes. The case of the State of Andhra Pradesh v. M/s. Sanjeev Coke Manufacturi...