Bar Council of India Removes 107 Fake Advocates from Delhi Roll to Uphold Legal Integrity

Image
Bar Council of India Removes 107 Fake Advocates from  Delhi Roll to Uphold Legal Integrity The Bar Council of India (BCI) has taken decisive action in a sweeping initiative aimed at maintaining the integrity of the legal profession by removing 107 fake advocates  from the Roll of Advocates in Delhi  between 2019 and October 2024. This step comes as part of the BCI's rigorous verification process to ensure that only qualified, genuinely practising advocates remain in the profession, ultimately upholding public trust in the legal system. Strengthened Verification Framework Under Rule 32 This effort falls under Rule 32 of the Bar Council of India Certificate and Place of Practice (Verification) Rules, 2015 . The BCI  amended Rule 32 on June 23, 2023 , which empowered the BCI to verify, identify, and systematically remove unqualified and fake advocates from the Roll. The rule amendment has made the process of weeding out non-compliant individuals significantly more efficient. Accordi
Post a Comment

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.

Comments

Post a Comment

Popular posts from this blog

Evolution of Constitution under Article 14 to 18

Image
 Evolution of Constitution under Article 14 to 18 INTRODUCTION The idea of equality referenced under Article 14 to Article 18 upgrades a more extensive idea and a more extensive part of the examination as the subject of equity itself shapes a vital and powerful idea in itself. The idea of fairness overwhelms the exceptionally two significant ideas of equivalent security of law and equity under the steady gaze of the law. Likewise, the idea of uniformity wins in a wide range of establishments and accommodates equivalent freedoms for people with the abrogation of unapproachable and nullification of titles. The idea is a more extensive methodology as it is significant for society to look to each individual with a similar methodology regardless of his sexual orientation, rank, and religion. The law is visually impaired and is equivalent for each individual as it says that balance wins for each individual and each individual has the option to be secured by the law. Evolution  The fundamenta
Read more

Legal Proceedings Initiated Against Former Jharkhand CM Hemant Soren

Image
Legal Proceedings Initiated Against Former Jharkhand CM Hemant Soren Cognizance Taken by PMLA Court A Special Prevention of Money Laundering Act (PMLA) court in Ranchi has taken cognizance of a prosecution complaint filed by the Directorate of Enforcement (ED) against Hemant Soren, the former Chief Minister of Jharkhand and leader of the Jharkhand Mukti Morcha (JMM). The complaint, comprising 5,500 pages, pertains to a money laundering case related to a land 'scam'. The central probe agency has also attached 8.5 acres of land in connection with the case. Detention and Extended Custody Hemant Soren, who was arrested on January 31, is currently detained at the Birsa Munda Central Jail in Hotwar, Ranchi. His judicial custody was extended till April 4 by the PMLA court on March 21. Additionally, on February 29, the Jharkhand High Court dismissed a petition filed by Soren seeking permission to attend the budget session of the state assembly. Allegations by the Enforcement Directorat
Read more

Equality Before Law

Image
                            Equality Before Law                                                   Introduction The rule of law was firstly introduced by A.V. Dicey in  his book "The Constitution Of England" in which there is rule which only prevails is law in which all are equal. In simple word if any wrong is being done which is not justifiable  by law committed by anyone that may be president, prime minister, or any individual are punishable because there is supremacy of law. Supremacy of law means the government which is power or the people who elected the government all will be treated equally before law.  Article 14 The Indian Constitution 1949, Article 14 guarantees "Equality before law The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth." In article 14 there two  approaches which include negative
Read more