Supreme Court Advocates for Childcare and Feeding Rooms in Public Spaces

Image
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...
Post a Comment

Governor's Role in State Governance: Articles 202-207 and Contemporary Imperatives

Governor's Role in State Governance: Articles 202-207 and Contemporary Imperatives






Overview:
Articles 202 to 207 delineate the establishment, powers, and responsibilities of the Governor in states, ensuring the smooth functioning of state governance.

Article 202: Appointment of the Governor

Article 202 addresses the appointment of the Governor by the President, specifying their tenure and eligibility criteria.

Article 203: Governor's Power to Grant Pardons

Article 203 grants the Governor the power to grant pardons, reprieves, respites, or remissions of punishment or to suspend, remit, or commute the sentence of any person convicted of an offense against state law.

Significance and Interpretation:

While not extensively supported by numerous case laws specific to each article, Articles 202 to 207 are crucial in defining the Governor's role, aligning with constitutional principles.

Executive Head:
Articles 202 to 207 establish the Governor as the executive head of the state, representing the Union government.

Role in State Affairs:
The articles delineate the Governor's involvement in state affairs, including lawmaking, the assent process, and the power to issue ordinances.

Relevant Instances and Constitutional Principles:

Nabam Rebia and Bamang Felix v. Deputy Speaker (2016):
While not directly tied to Articles 202-207, this case emphasized the Governor's discretionary powers in appointing the Chief Minister, showcasing their crucial role in government formation.

Discretionary Powers:
Instances of Governors exercising discretionary powers in matters like government formation and recommending President's Rule highlight their role in state politics.

Contemporary Relevance and Challenges:

In the contemporary landscape, Articles 202 to 207 face challenges related to the exercise of discretionary powers, maintaining impartiality, and fostering harmonious Governor-State relations.

Discretion and Impartiality:
Ensuring Governors exercise discretionary powers impartially, especially during government formation or recommending President's Rule, remains a contemporary challenge.

Governor-State Relations:
Maintaining cordial relations between Governors and State Governments, avoiding conflicts, and fostering cooperation pose challenges in ensuring effective governance.

Conclusion:

Articles 202 to 207 of the Indian Constitution delineate the establishment, powers, and responsibilities of the Governor in states, shaping the dynamics of state governance. While not extensively supported by numerous case laws specific to each article, these provisions significantly impact state governance. As India progresses in governance, addressing challenges related to the exercise of discretionary powers, maintaining impartiality, and fostering cooperative Governor-State relations remain crucial for effective state governance within the constitutional framework.
Location: Pune, Maharashtra, India

Comments

Post a Comment

Popular posts from this blog

Supreme Court Reinforces Due Process: Curbing “Bulldozer Justice” with Strict Guidelines

Image
Supreme Court Reinforces Due Process: Curbing “Bulldozer Justice” with Strict Guidelines Background In a significant judgment, the Supreme Court of India has set out guidelines to curb arbitrary demolitions, commonly referred to as "bulldozer justice." This term has emerged from instances where properties of individuals accused of crimes have been demolished without following due legal process. The ruling responds to several petitions highlighting the destruction of residential and commercial properties without prior notice, which, according to petitioners, targets marginalized and minority communities. Key Principles Addressed The Supreme Court’s decision rests on critical constitutional principles, particularly the rule of law, separation of powers, and protection of individual rights . The Court emphasized that no person should be punished without due process and that arbitrary action by the executive undermines citizens’ trust in the justice system. Justice Gavai, in del...
Read more

Delhi High Court Grants Bail to Former Bank Manager Accused of Defrauding Woman of ₹13 Crores

Image
Delhi High Court Grants Bail to Former Bank Manager  Accused of Defrauding Woman of ₹13 Crores  The Delhi High Court has granted bail to Varun Vashista , a former bank manager accused of embezzling over ₹13 crores from a customer’s account while working at ICICI Bank's Vikas Puri branch. The bail was approved by Justice Amit Mahajan on November 12, 2024, after considering the evidence and facts of the case.   Details of the Case The allegations against Vashista stem from his role as a branch manager. The complainant and her husband had entrusted him with managing their investments, amounting to ₹13.5 crores, between 2019 and 2023.   The complainant discovered in January 2024 that nearly ₹12 crores had been **siphoned off** from her account. Key allegations include:   - Creation of Fake Fixed Deposits: The accused reportedly created fraudulent fixed deposit accounts in the complainant’s name.   - Misappropriation of Funds: Funds were tr...
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...
Read more