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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Articles 101 to 104: Disqualifications, Office of Profit, and Vacancies in Parliament

Articles 101 to 104: Disqualifications, Office of Profit, and Vacancies in Parliament



Articles 101 to 104 of the Indian Constitution address disqualifications of members of Parliament (MPs) on certain grounds, dealing with issues related to holding an office of profit, tenure, and vacancies in the Houses of Parliament.


Article 101: Vacation of Seats


Article 101 details the circumstances under which a seat in the Parliament shall become vacant, including disqualifications on certain grounds, such as holding an office of profit under the government.


Article 102: Disqualifications for Membership


Article 102 outlines disqualifications for being chosen as, or for being, a member of either House of Parliament. It specifies various conditions that render a person ineligible for parliamentary membership, including holding an office of profit, unsoundness of mind, and disqualifications under any law made by Parliament.


Articles 103 and 104: Decision on Disqualifications


Articles 103 and 104 confer the authority to decide on disqualifications of MPs and the power to make rules regarding such disqualifications to the President, subject to judicial review.


Modern Era Interpretation:


In the contemporary era, these articles hold significant relevance in ensuring the integrity and probity of parliamentary members, addressing conflicts of interest, and upholding constitutional principles. While not extensively backed by numerous case laws, their interpretation and application have evolved through judicial pronouncements and legislative interventions.


Case Laws and Relevance:


Jaya Bachchan Disqualification Case (2006): In this case, the Supreme Court upheld Jaya Bachchan's disqualification as an MP due to holding an office of profit. The court emphasized the strict interpretation of the office of profit clause to maintain the purity of legislative functioning, aligning with the provisions outlined in Articles 101 to 104.


Rajasthan Legislative Assembly v. Union of India (2016): While not directly related to these articles, this case highlighted the issue of office of profit, emphasizing the importance of maintaining the independence and impartiality of elected representatives.


Contemporary Relevance and Challenges:


In the contemporary landscape, Articles 101 to 104 face challenges related to defining the scope of an "office of profit," addressing conflicts of interest, and ensuring stringent compliance to uphold the integrity of parliamentary functioning.


The interpretation and application of these articles in the context of evolving governance, diverse roles held by MPs, and changing societal norms pose challenges in maintaining a delicate balance between disqualifications and legitimate pursuits by elected representatives.


Conclusion:


Articles 101 to 104 of the Indian Constitution serve as safeguards to uphold the integrity and impartiality of parliamentary members, delineating provisions for disqualifications, office of profit, and addressing vacancies in the Parliament. While not heavily reliant on extensive case laws, their interpretation and application resonate with the evolving democratic ethos and constitutional principles.


As India navigates through the complexities of parliamentary governance in the 21st century, the need to balance ethical conduct, conflict resolution, and legitimate roles held by MPs remains pivotal. Occasional legal interventions and evolving practices continue to shape and refine the operational aspects of these articles, underscoring their enduring significance in fostering an ethical and accountable parliamentary democracy within the Indian constitutional framework.

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