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...

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

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 court held that only those members who have been validly elected and are entitled to take part in the election should be considered for the purpose of determining the composition of the electoral college. The case underscored the importance of adhering to the constitutional requirements while conducting the election process.


2. P.A. Sangma v. Pranab Mukherjee (2012):

This case addressed the issue of whether the principle of secret ballot applies to the election of the President under Article 54. The Supreme Court held that the principle of secret ballot is not violated if the election process maintains the secrecy of the voter's choice. The case highlighted the importance of preserving the secrecy of the electoral process to uphold the democratic values enshrined in the Constitution.


3. Kuldip Nayar v. Union of India (2006):

In this case, the Supreme Court examined the eligibility of non-resident Indians (NRIs) to participate in the presidential election. The court held that NRIs are not entitled to vote in the presidential election under Article 54. The case reiterated the significance of the constitutional provisions and the need to interpret them in line with the legislative intent.


Relevance of Article 54 in the Modern Era


1. Democratic Representation:

Article 54 ensures democratic representation in the election of the President. By involving elected representatives at the central and state levels, it reflects the principle of representative democracy and ensures that the President is elected by those who have been chosen by the people.


2. Transparency and Accountability:

The electoral process under Article 54 upholds the values of transparency and accountability. The open voting by elected representatives allows the public to evaluate their representatives' choices, facilitating transparency and ensuring that elected officials are accountable to the people.


3. Technological Advancements:

In the modern era, technological advancements have transformed various aspects of the electoral process. From electronic voting machines to voter registration systems, technology has made the electoral process more efficient and accessible. These advancements have contributed to smoother and more inclusive presidential elections under Article 54.


4. Participatory Democracy:

Article 54 encourages citizens' participation in the democratic process through their elected representatives. It promotes the idea that people have a direct role in choosing the President and contributes to fostering a sense of ownership and engagement in the democratic system.


Conclusion :


Article 54 of the Indian Constitution emphasizes the importance of citizens' participation in the democratic process through the election of the President. The case laws discussed above have played a crucial role in shaping the interpretation of Article 54, emphasizing the need to adhere to constitutional provisions, uphold democratic values, and ensure transparency in the electoral process. In the modern era, Article 54 remains relevant as it underscores the significance of democratic representation and people's role in shaping the highest office of the country. By upholding the principles outlined in Article 54, India can strengthen its democratic foundations and ensure the continued participation of its citizens in the election of the President.

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