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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Ensuring Fairness and Efficiency: A Discussion on Articles 315 to 323 of the Indian Constitution with Case Law Insights

Ensuring Fairness and Efficiency: A Discussion on Articles 315 to 323 of the Indian Constitution with Case Law Insights



Articles 315 to 323 of the Indian Constitution establish the framework for Public Service Commissions (PSCs) and Administrative Tribunals. These constitutional provisions play a crucial role in ensuring the impartiality and efficiency of public administration. In the contemporary era, marked by administrative complexities and legal challenges, these articles remain foundational. This article delves into the constitutional nuances, explores relevant case laws, and analyzes the ongoing relevance of these provisions in the current administrative and legal landscape.


Constitutional Provisions:


- Article 315: Establishes Public Service Commissions for the Union and the States.


- Article 316: Deals with the appointment and term of office of members of Public Service Commissions.


- Article 317: Provides for the removal and suspension of members of Public Service Commissions.


- Article 318: Grants power to the President or Governor to make regulations regarding the conditions of service of members and staff of Public Service Commissions.


- Article 319: Contains provisions for the dismissal or removal of members of Public Service Commissions.


- Article 320: Enumerates the functions of Public Service Commissions.


- Article 321: Empowers the Parliament to establish Administrative Tribunals for adjudicating disputes and complaints regarding recruitment and conditions of service of persons appointed to public services.


- Article 322: Grants power to the Parliament to determine the jurisdiction and powers of Administrative Tribunals.


- Article 323A: Allows the Parliament to provide for the adjudication or trial by Administrative Tribunals of disputes and complaints regarding recruitment and conditions of service.


- Article 323B: Authorizes the States to establish Tribunals for similar purposes.


Contemporary Significance:


In the current administrative and legal landscape, Articles 315 to 323 are vital for ensuring the fairness and efficiency of public administration. These provisions establish mechanisms for the resolution of disputes and complaints related to recruitment and service conditions.


Relevant Case Laws:


S. L. Kapoor v. Jagmohan (1980):


This case emphasized the role of Public Service Commissions in maintaining the integrity and fairness of recruitment processes. The Supreme Court stressed the importance of adhering to constitutional provisions to avoid arbitrariness and favoritism.


L. Chandra Kumar v. Union of India (1997):


In this landmark case, the Supreme Court declared that the power of judicial review over the decisions of Administrative Tribunals is an integral part of the basic structure of the Constitution. The judgment clarified the constitutional framework governing Administrative Tribunals.


Interpretation and Application:


1. Role of Public Service Commissions:

   - Articles 315 to 320 delineate the establishment, composition, functions, and conditions of service of Public Service Commissions, ensuring their independence and effectiveness.


2. Creation of Administrative Tribunals:

   - Articles 321 to 323B establish the constitutional foundation for the creation of Administrative Tribunals, providing an alternative forum for the adjudication of disputes related to public service.


Challenges and Solutions:


1. Ensuring Independence of Commissions:

   - The challenge lies in ensuring the independence of Public Service Commissions, free from external influences, to maintain the integrity of the recruitment process.


2. Efficiency of Administrative Tribunals:

   - Balancing the need for expeditious resolution of disputes with the requirement of fairness in Administrative Tribunals poses a continuous challenge.


Contemporary Administrative Dynamics:


As the demands on public administration evolve, the mechanisms established by these articles need to adapt to ensure that they remain effective and capable of meeting the challenges of a modern, dynamic society.


Conclusion:


Articles 315 to 323 of the Indian Constitution lay the foundation for the fair and efficient functioning of public administration. Relevant case laws, such as S. L. Kapoor v. Jagmohan and L. Chandra Kumar v. Union of India, have shaped the interpretation of these provisions. In the contemporary era, where administrative challenges are multifaceted, these articles remain indispensable in upholding the principles of fairness, efficiency, and justice in public service.

Location: Pune, Maharashtra, India

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