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 308 to 314 of the Indian Constitution: Special Provisions for Certain Classes

Articles 308 to 314 of the Indian Constitution: Special Provisions for Certain Classes




Articles 308 to 314 of the Indian Constitution encompass special provisions for the Anglo-Indian community, Scheduled Castes, Scheduled Tribes, and the representation of different states in the Rajya Sabha. In the contemporary era, these provisions continue to hold significance in addressing historical inequities and ensuring inclusive representation. This article explores the constitutional nuances, delves into relevant case laws, and analyzes the ongoing relevance of these provisions in the present social and political landscape.


Constitutional Provisions:


- Article 308: Empowers the Parliament to regulate the representation of Anglo-Indians in the House of the People (Lok Sabha) and state legislatures.


- Article 309: Grants authority to the Parliament and state legislatures to regulate the recruitment and conditions of service of persons appointed to public services and posts.


- Article 310: Provides security of tenure for certain public servants.


- Article 311: Safeguards the rights of public servants and ensures a fair and reasonable opportunity before imposing penalties.


- Article 312: Grants the Parliament the power to create All India Services common to the Union and the States.


- Article 313: Authorizes the Parliament to adapt laws to ensure consistency with the principles specified in the First Schedule.


- Article 314: Empowers the Parliament to modify or supplement the provisions of the Constitution relating to services and posts.


Contemporary Significance:


In the current context, Articles 308 to 314 reflect the constitutional commitment to inclusivity, protection of public servants, and the creation of services that transcend state boundaries. These provisions aim to address historical disparities and ensure equitable representation in various spheres.


Relevant Case Laws:


E. V. Chinnaiah v. State of Andhra Pradesh (2005):


This case discussed the constitutional validity of reservation for Scheduled Tribes in promotions. The Supreme Court emphasized the need for quantifiable data to justify such reservations and stressed the importance of balancing the interests of different sections.


M. Nagraj v. Union of India (2006):


In this case, the Supreme Court laid down guidelines for providing reservations in promotions for Scheduled Castes and Scheduled Tribes. It emphasized the requirement to demonstrate backwardness and the inadequacy of representation.


Interpretation and Application:


1. Representation of Anglo-Indians:

   - Article 308 provides a mechanism for the representation of the Anglo-Indian community in the Lok Sabha and state legislatures. This provision acknowledges the historical context while ensuring their continued representation.


2. Public Service Regulations:

   - Articles 309, 310, and 311 collectively establish a framework for the recruitment, tenure, and protection of public servants, ensuring fair treatment and due process.


3. All India Services:

   - Article 312 enables the creation of All India Services, promoting a unified administrative system that serves both the Union and the States.


4. Adaptation of Laws:

   - Article 313 allows for the adaptation of laws to ensure consistency with the principles specified in the First Schedule, reflecting the dynamic nature of legal evolution.


Challenges and Solutions:


1. Balancing Reservation Policies:

   - Striking a balance between affirmative action for Scheduled Castes and Scheduled Tribes, as discussed in cases like M. Nagraj v. Union of India, and ensuring fairness in promotions remains a challenge.


2. Continued Representation of Anglo-Indians:

   - The question of whether Article 308 should continue to provide representation for the Anglo-Indian community in legislatures is a matter of ongoing debate and consideration.


Contemporary Social and Political Dynamics:


As India grapples with issues of social justice, inclusive representation, and administrative efficiency, these constitutional provisions play a pivotal role in shaping policies and frameworks that address the diverse needs of the population.


Conclusion:


Articles 308 to 314 of the Indian Constitution encapsulate a commitment to inclusivity, protection of public servants, and the creation of administrative structures that transcend state boundaries. Case laws like E. V. Chinnaiah v. State of Andhra Pradesh and M. Nagraj v. Union of India have contributed to the nuanced interpretation of these provisions. In the contemporary era, where social justice and equitable representation are paramount, these articles remain instrumental in addressing historical disparities and fostering an inclusive society.

Location: Pune, Maharashtra, India

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