Bar Council of India Removes 107 Fake Advocates from Delhi Roll to Uphold Legal Integrity

Image
Bar Council of India Removes 107 Fake Advocates from  Delhi Roll to Uphold Legal Integrity The Bar Council of India (BCI) has taken decisive action in a sweeping initiative aimed at maintaining the integrity of the legal profession by removing 107 fake advocates  from the Roll of Advocates in Delhi  between 2019 and October 2024. This step comes as part of the BCI's rigorous verification process to ensure that only qualified, genuinely practising advocates remain in the profession, ultimately upholding public trust in the legal system. Strengthened Verification Framework Under Rule 32 This effort falls under Rule 32 of the Bar Council of India Certificate and Place of Practice (Verification) Rules, 2015 . The BCI  amended Rule 32 on June 23, 2023 , which empowered the BCI to verify, identify, and systematically remove unqualified and fake advocates from the Roll. The rule amendment has made the process of weeding out non-compliant individuals significantly more efficient. Accordi
Post a Comment

Empowering Margins: A Comprehensive Exploration of Articles 330 to 342 of the Indian Constitution with Case Law Perspectives

Empowering Margins: A Comprehensive Exploration of Articles 330 to 342 of the Indian Constitution with Case Law Perspectives



Articles 330 to 342 of the Indian Constitution lay down the framework for the reservation of seats in the Lok Sabha and State Legislative Assemblies, as well as the representation of Scheduled Castes (SCs), Scheduled Tribes (STs), and Anglo-Indians. In the contemporary era, these constitutional provisions continue to shape the landscape of political representation, ensuring inclusivity and affirmative action. This article navigates through the constitutional nuances, explores pertinent case laws, and examines the ongoing relevance of these provisions in the current socio-political scenario.


Constitutional Provisions:


- Article 330: Provides for the reservation of seats for SCs and STs in the Lok Sabha.


- Article 331: Deals with the representation of Anglo-Indians in the Lok Sabha.


- Article 332: Provides for the reservation of seats for SCs and STs in State Legislative Assemblies.


- Article 333: Addresses the representation of Anglo-Indians in State Legislative Assemblies.


- Article 334: Imposes a limitation on the period of reservation for SCs, STs, and Anglo-Indians in the Lok Sabha and State Legislative Assemblies.


- Article 335: Empowers the state to make special provisions for the SCs and STs in matters of promotion in government services.


- Article 336: Deals with the reservation of seats for SCs and STs in the Services under the Union and the States.


- Article 337: Grants special representation to the Anglo-Indian community in the Services under the Union and the States.


- Article 338: Establishes the National Commission for SCs and STs to investigate and monitor matters relating to the safeguards provided for these communities.


- Article 339: Provides for the control of the Union over the administration of Scheduled Areas and the welfare of STs.


- Article 340: Empowers the President to appoint a Commission to investigate the conditions of socially and educationally backward classes.


- Article 341: Defines the Scheduled Castes and empowers the President to specify the castes, races, or tribes to be considered as SCs.


- Article 342: Defines the Scheduled Tribes and empowers the President to specify the tribes or tribal communities to be considered as STs.


Contemporary Significance:


In the present socio-political landscape, Articles 330 to 342 remain pivotal in addressing historical injustices, promoting representation, and fostering the socio-economic development of marginalized communities.


Relevant Case Laws:


Indra Sawhney & Others v. Union of India (1992):


Commonly known as the Mandal Commission case, it dealt with reservations in government jobs based on caste. The Supreme Court upheld the concept of reservations but capped it at 50%, emphasizing the need for efficiency and preventing reverse discrimination.


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


This case clarified the constitutional validity of reservations in promotions for SCs and STs. The Supreme Court held that the state must collect quantifiable data to demonstrate backwardness and the inadequacy of representation before providing reservations.


Interpretation and Application:


1. Reserved Seats in Legislatures:

   - Articles 330 and 332 ensure the representation of SCs and STs in the Lok Sabha and State Legislative Assemblies, promoting political inclusivity.


2. Representation of Anglo-Indians:

   - Articles 331 and 333 provide for the representation of Anglo-Indians in the Lok Sabha and State Legislative Assemblies, ensuring their participation in the democratic process.


3. Limitation on Reservations:

   - Article 334 imposes a limitation on the period of reservation to prevent perpetuity, fostering socio-economic progress.


4. Special Provisions for SCs and STs:

   - Articles 335, 336, 337, and 338 empower the state to make special provisions for the welfare and representation of SCs and STs in government services.


5. Scheduled Areas and Tribes:

   - Articles 339 and 340 address the control of the Union over Scheduled Areas and the appointment of a Commission to investigate the conditions of socially and educationally backward classes.


Challenges and Solutions:


1. Ensuring Efficiency and Fairness:

   - The challenge lies in balancing reservations to ensure efficiency while addressing historical injustices, as seen in the Indra Sawhney case.


2. Quantifiable Data for Reservations:

   - The requirement for quantifiable data, as emphasized in the E.V. Chinnaiah case, poses a challenge in implementing reservations, demanding a nuanced approach.


Contemporary Socio-Political Dynamics:


In a society striving for inclusivity and equitable representation, these constitutional provisions remain essential in addressing the diverse needs of marginalized communities.


Conclusion:


Articles 330 to 342 of the Indian Constitution stand as pillars of affirmative action, political representation, and social justice. Case laws like Indra Sawhney v. Union of India and E.V. Chinnaiah v. State of Andhra Pradesh have influenced the interpretation and application of these provisions. In the current era of evolving social dynamics, these articles continue to be integral in fostering an inclusive and equitable society.

Location: Pune, Maharashtra, India

Comments

Post a Comment

Popular posts from this blog

Evolution of Constitution under Article 14 to 18

Image
 Evolution of Constitution under Article 14 to 18 INTRODUCTION The idea of equality referenced under Article 14 to Article 18 upgrades a more extensive idea and a more extensive part of the examination as the subject of equity itself shapes a vital and powerful idea in itself. The idea of fairness overwhelms the exceptionally two significant ideas of equivalent security of law and equity under the steady gaze of the law. Likewise, the idea of uniformity wins in a wide range of establishments and accommodates equivalent freedoms for people with the abrogation of unapproachable and nullification of titles. The idea is a more extensive methodology as it is significant for society to look to each individual with a similar methodology regardless of his sexual orientation, rank, and religion. The law is visually impaired and is equivalent for each individual as it says that balance wins for each individual and each individual has the option to be secured by the law. Evolution  The fundamenta
Read more

Legal Proceedings Initiated Against Former Jharkhand CM Hemant Soren

Image
Legal Proceedings Initiated Against Former Jharkhand CM Hemant Soren Cognizance Taken by PMLA Court A Special Prevention of Money Laundering Act (PMLA) court in Ranchi has taken cognizance of a prosecution complaint filed by the Directorate of Enforcement (ED) against Hemant Soren, the former Chief Minister of Jharkhand and leader of the Jharkhand Mukti Morcha (JMM). The complaint, comprising 5,500 pages, pertains to a money laundering case related to a land 'scam'. The central probe agency has also attached 8.5 acres of land in connection with the case. Detention and Extended Custody Hemant Soren, who was arrested on January 31, is currently detained at the Birsa Munda Central Jail in Hotwar, Ranchi. His judicial custody was extended till April 4 by the PMLA court on March 21. Additionally, on February 29, the Jharkhand High Court dismissed a petition filed by Soren seeking permission to attend the budget session of the state assembly. Allegations by the Enforcement Directorat
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 equal protection of the laws within the territory of India Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth." In article 14 there two  approaches which include negative
Read more