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

State Governance in India: Constitutional Framework, Challenges, and Dynamics

State Governance in India: Constitutional Framework, Challenges, and Dynamics






Overview:
Articles 153 to 162 delineate the structure and functioning of state governments in India, including the executive, legislative, and judicial aspects, as well as special provisions for certain states like Jammu and Kashmir.

Article 154: Executive Power of the State

Article 154 vests the executive power of the state in the Governor, who acts as the head of the state executive, similar to the President's role at the national level.

Article 155: Appointment of Governor

Article 155 empowers the President to appoint a Governor for each state, specifying their tenure and eligibility criteria.

Power of Governor to Pardon

Article 161 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.

Modern Era Interpretation:

While not extensively supported by numerous case laws for each article, the interpretation and application of Articles 153 to 162 have been influenced by significant legal principles and instances impacting state governance.

Governor's Role:
Instances of gubernatorial discretion and interventions in state affairs have raised discussions on the Governor's role and their interactions with state governments.

Special Provisions:
Special provisions for states like Jammu and Kashmir have undergone constitutional changes, impacting the state's governance structure and dynamics.

Contemporary Relevance and Challenges:

In the contemporary landscape, Articles 153 to 162 face challenges related to maintaining federal principles, ensuring gubernatorial impartiality, and accommodating diverse state-specific requirements.

Federalism Balance:
Balancing the federal structure while ensuring the states' autonomy within the overarching national framework remains a contemporary challenge.

Governor-State Relations:
Ensuring that the Governor's actions align with constitutional principles and do not encroach upon state government functions poses challenges in maintaining harmonious relationships.

Conclusion:

Articles 153 to 162 of the Indian Constitution delineate the framework for state governance, addressing the structure, powers, and special provisions for states. While not heavily supported by numerous case laws specific to each article, legal principles and significant instances impacting state governance have influenced their interpretation. As India navigates the complexities of state governance in the modern era, preserving federal principles, ensuring gubernatorial impartiality, and accommodating diverse state-specific requirements remain crucial for effective and harmonious state functioning within the Indian 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