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 361 to 367 of the Indian Constitution: Special Provisions for Certain Classes and Immunities

Articles 361 to 367 of the Indian Constitution: Special Provisions for Certain Classes and Immunities



Articles 361 to 367 of the Indian Constitution encompass special provisions, immunities, and privileges for certain classes and offices. In the current modern era marked by an evolving societal landscape, these constitutional clauses hold significance in balancing historical considerations with contemporary needs. This article delves into the constitutional intricacies, explores relevant case laws, and sheds light on the contemporary relevance of these provisions.


Constitutional Provisions:


- Article 361: Grants immunity to the President and the Governors from legal proceedings during their term of office.


- Article 362: Protects the validity of certain acts and proceedings from being called into question on the ground of any vacancy in the office of the President or Governor.


- Article 363: Provides that the President shall not be answerable to any court for the exercise and performance of the powers and duties of his office.


- Article 364: Empowers the President to appoint a Commission to report on the administration of tribal areas.


- Article 365: Authorizes the President to issue directions to States for the purpose of ensuring compliance with certain provisions of the Constitution.


- Article 366: Defines various terms used in the Constitution.


- Article 367: Deals with the interpretation of the Constitution.


Contemporary Significance:


In the present socio-political landscape, Articles 361 to 367 represent a delicate balance between providing necessary privileges to certain offices and ensuring accountability in a democratic framework.


Relevant Case Laws:


S.R. Bommai v. Union of India (1994):


This case highlighted the significance of Article 356, dealing with the imposition of President's rule in a State. The Supreme Court held that the power under Article 356 is subject to judicial review, emphasizing the need to prevent its arbitrary use.


Kameshwar Prasad v. State of Bihar (1962):


In this case, the Supreme Court clarified that the President's satisfaction under Article 356 is not beyond the scope of judicial review. The Court has the authority to examine whether the President's satisfaction is based on relevant material.


Interpretation and Application:


1. Immunity for the President and Governors:

   - Article 361 provides immunity to the President and Governors from legal proceedings during their term of office, ensuring that they can discharge their duties without hindrance.


2. Validity of Acts during Vacancy:

   - Article 362 safeguards the validity of certain acts and proceedings from being questioned due to a vacancy in the office of the President or Governor.


3. President's Non-Accountability:

   - Article 363 shields the President from being answerable to any court for the exercise and performance of the powers and duties of the office.


4. Tribal Areas Commission:

   - Article 364 empowers the President to appoint a Commission to report on the administration of tribal areas, reflecting the commitment to protecting the interests of tribal communities.


5. Presidential Directions to States:

   - Article 365 grants the President the authority to issue directions to States for ensuring compliance with certain constitutional provisions, reinforcing federal integrity.


6. Definition of Terms:

   - Article 366 defines various terms used in the Constitution, providing clarity and precision in interpretation.


7. Interpretation of the Constitution:

   - Article 367 guides the interpretation of the Constitution, ensuring consistency and coherence in understanding constitutional provisions.


Challenges and Solutions:


1. Judicial Review of Article 356:

   - The challenge lies in ensuring a balance between the necessary immunity provided by Article 361 and the need for judicial review, as underscored in the S.R. Bommai and Kameshwar Prasad cases.


2. Federal Structure Consideration:

   - Ensuring that directions issued under Article 365 respect the federal structure of the Constitution is crucial to maintaining a balance between the Union and the States.


Contemporary Socio-Political Dynamics:


In a rapidly evolving society, Articles 361 to 367 reflect the constitutional foresight in providing necessary immunities, defining terms, and guiding interpretation to adapt to contemporary challenges while respecting historical considerations.


Conclusion:


Articles 361 to 367 of the Indian Constitution embody the delicate balance between providing necessary privileges to certain offices and ensuring accountability within a democratic framework. The relevant case laws, such as S.R. Bommai v. Union of India and Kameshwar Prasad v. State of Bihar, have played a crucial role in shaping the interpretation of these provisions. In the contemporary era, where democratic principles guide the nation, these articles contribute to the resilience and adaptability of the Indian constitutional framework.

Location: Pune, Maharashtra, India

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