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

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 appointments for judges and the impact on judicial independence. The court held that the principles of judicial independence and the separation of powers enshrined in Article 50 must be upheld to maintain public confidence in the judiciary. The case emphasized the importance of insulating the judiciary from executive influence.


2. Supreme Court Advocates-on-Record Association v. Union of India (1993):

The case focused on judicial appointments and the collegium system. The Supreme Court held that the primacy of the judiciary in appointing judges is crucial to preserving judicial independence and ensuring a fair and impartial judiciary. The case reiterated the significance of the separation of the judiciary from the executive, as envisioned in Article 50.


3. State of Bihar v. Bal Mukund Sah (1999):

In this case, the Supreme Court examined the issue of the executive's interference in the functioning of the judiciary. The court emphasized that the principle of separation of powers requires maintaining a clear distinction between the judiciary and the executive. The case highlighted the need to respect the independence of the judiciary to ensure the proper administration of justice.


Relevance of Article 50 in the Modern Era


1. Judicial Independence:

In the modern era, the independence of the judiciary is vital for upholding the rule of law, protecting fundamental rights, and ensuring justice for all. Article 50 recognizes the need to separate the judiciary from the executive to prevent any undue influence or interference. Upholding judicial independence is crucial to maintaining public trust and confidence in the judiciary.


2. Checks and Balances:

The separation of powers, as enshrined in Article 50, provides a system of checks and balances among the different branches of government. It prevents the concentration of power in a single authority and ensures accountability. By maintaining a clear separation between the judiciary and the executive, India can foster a robust system of governance that upholds democratic principles.


3.Fair and Impartial Judiciary:

The separation of the judiciary from the executive is essential for ensuring a fair and impartial judicial system. It allows judges to adjudicate cases without any bias or influence from the executive branch. This separation ensures that justice is delivered impartially and in accordance with the law, promoting public confidence in the legal system.


Conclusion :

Article 50 of the Indian Constitution emphasizes the importance of separating the judiciary from the executive to uphold judicial independence and maintain a fair and impartial judiciary. The case laws discussed above have played a crucial role in shaping the interpretation of Article 50 and reinforcing the principles of separation of powers and judicial independence. In the modern era, Article 50 remains relevant as it addresses the evolving challenges in the legal landscape. By upholding the principles of the separation of judiciary from the executive, India can ensure the effective functioning of its judicial system and uphold the rule of law in the country.

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