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 352 to 360 of the Indian Constitution: Emergency Provisions and Temporary Provisions with Insights from Relevant Case Laws

Articles 352 to 360 of the Indian Constitution: Emergency Provisions and Temporary Provisions with Insights from Relevant Case Laws



Articles 352 to 360 of the Indian Constitution delineate the provisions related to emergencies, dealing with situations that threaten the security of the country. In the contemporary era marked by complex geopolitical dynamics and unforeseen challenges, these constitutional clauses play a crucial role in ensuring the nation's resilience. This article delves into the constitutional intricacies, explores relevant case laws, and sheds light on the contemporary relevance of these provisions.


Constitutional Provisions:


- Article 352: Empowers the President to proclaim a state of emergency if he is convinced that the security of India or any part is threatened by war or external aggression or armed rebellion.


- Article 353: Authorizes the President to modify the provisions of the Constitution relating to the distribution of revenues between the Union and the States during the operation of a proclaimed emergency.


- Article 354: Provides for the effect of the Proclamation of Emergency on the executive authority of the States.


- Article 355: Obliges the Union to protect every State against external aggression and internal disturbance and to ensure that the government of every State is carried on in accordance with the provisions of the Constitution.


- Article 356: Deals with the President's rule in a State in case of failure of constitutional machinery.


- Article 357: Empowers the President to exercise the powers and functions of the government of a State in case of failure of constitutional machinery.


- Article 358: Suspends the provisions of Article 19 during the operation of a Proclamation of Emergency.


- Article 359: Empowers the President to suspend the right to move any court for the enforcement of fundamental rights during a Proclamation of Emergency.


- Article 360: Deals with the provisions for a Financial Emergency.


Contemporary Significance:


In the current socio-political landscape, Articles 352 to 360 represent the constitutional response to unforeseen challenges, providing the necessary legal framework to safeguard the nation's security and financial stability.


Relevant Case Laws:


State of Rajasthan v. Union of India (1977):


This case reinforced the principle that the President's satisfaction under Article 356 is not immune from judicial review. The Supreme Court held that the court could examine whether the President's proclamation was based on relevant material and was not influenced by extraneous or irrelevant considerations.


Rustom Cavasjee Cooper v. Union of India (1970):


In this case, the Supreme Court held that the power to amend the Constitution under Article 368 is not a power to destroy its basic structure. The judgment laid down the doctrine of the basic structure, which limits the amending power of the Parliament.


Interpretation and Application:


1. Proclamation of Emergency:

   - Article 352 empowers the President to declare a state of emergency in the face of war, external aggression, or armed rebellion.


2. Modification of Constitutional Provisions:

   - Article 353 allows the President to modify the provisions of the Constitution concerning revenue distribution during a proclaimed emergency.


3. Executive Authority of States:

   - Article 354 outlines the effect of a Proclamation of Emergency on the executive authority of the States.


4. Union's Obligation to States:

   - Article 355 obliges the Union to protect every State against external aggression and internal disturbance, ensuring the governance of States in accordance with the Constitution.


5. President's Rule in States:

   - Articles 356 and 357 address the imposition of President's rule in a State due to the failure of constitutional machinery.


6. Suspension of Fundamental Rights:

   - Articles 358 and 359 deal with the suspension of fundamental rights during a Proclamation of Emergency.


7. Financial Emergency:

   - Article 360 provides for the proclamation of a Financial Emergency in case of a threat to the financial stability of India.


Challenges and Solutions:


1. Judicial Review of Proclamation:

   - The challenge lies in ensuring the judicious exercise of emergency powers, subject to judicial review, as highlighted in the State of Rajasthan case.


2. Basic Structure Doctrine:

   - The challenge is to strike a balance between the need for constitutional amendments during emergencies and the basic structure of the Constitution, as established in the Rustom Cavasjee Cooper case.


Contemporary Socio-Political Dynamics:


In a globalized world facing diverse challenges, Articles 352 to 360 provide a legal framework to address unforeseen circumstances and safeguard the nation's security and financial stability.


Conclusion:


Articles 352 to 360 of the Indian Constitution stand as a testament to the constitutional foresight in addressing emergencies and challenges that may threaten the nation's security and financial stability. Relevant case laws, such as State of Rajasthan v. Union of India and Rustom Cavasjee Cooper v. Union of India, have played a crucial role in shaping the interpretation of these provisions. In the contemporary era, where uncertainties abound, these articles contribute to the resilience and adaptability of the Indian constitutional framework.

Location: Pune, Maharashtra, India

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