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

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 executive power and judicial oversight, ensuring that the President's actions are within the framework of the Constitution.

2. S.R. Bommai v. Union of India (1994):
In this case, the Supreme Court addressed the President's role in the imposition of President's Rule in a state. The court emphasized that the exercise of the President's discretion must be based on relevant material and objective considerations. The case clarified the limits of the President's power and emphasized the importance of upholding democratic principles and federalism.

3. Rameshwar Prasad (I) v. Union of India (2006):
The case discussed the issue of the President's power to grant pardon or commute sentences under Article 72. The Supreme Court held that the President's power is not absolute and should be exercised judiciously and in accordance with the principles of fairness and natural justice. The case emphasized the need for the President to consider relevant factors and act in the best interest of justice.

Relevance of Article 52 in the Modern Era

1. Symbolic Head of State:

In the modern era, the President serves as the symbolic head of state, representing the unity and integrity of the nation. The President's role in ceremonial functions, diplomatic engagements, and international relations contributes to projecting India's image globally and fostering diplomatic ties.

2. Guardian of the Constitution:
The President plays a crucial role as the guardian of the Constitution. The power to appoint key constitutional functionaries, such as the Prime Minister, Chief Justice of India, and Governors, ensures the proper functioning of the government and upholds the principles of constitutionalism and democratic governance.

3. Constitutional Checks and Balances:
Article 52 establishes the President as an important part of the checks and balances system. The President's power to return a bill for reconsideration, seek information from the government, and withhold assent in certain cases serves as a safeguard against potential abuse of power and ensures legislative accountability.

4. Upholding Democratic Values:
The President's role in the smooth functioning of parliamentary democracy is crucial. The President's involvement in the appointment of Prime Ministers, dissolution of the Lok Sabha, and addressing joint sessions of Parliament promotes democratic governance and strengthens the democratic fabric of the country.

Conclusion :

Article 52 of the Indian Constitution outlines the position and powers of the President of India. The case laws discussed above have played a crucial role in shaping the interpretation of Article 52 and reinforcing the importance of judicial oversight, constitutional limits, and democratic values. In the modern era, Article 52 remains relevant as it addresses the evolving role of the President in a changing socio-political landscape. By upholding the principles outlined in Article 52, the President can serve as a custodian of the Constitution, contribute to the functioning of democratic institutions, and uphold the ideals of justice, integrity, and democratic governance in the country.

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