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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Kerala's Fiscal Autonomy in the Face of Central Oversight

Kerala's Fiscal Autonomy in the Face of Central Oversight



Introduction:

The recent developments regarding the Central Government's decision to allow Kerala to borrow Rs 5,000 crores, subject to conditions, have stirred discussions both in legal circles and among policymakers. This move, highlighted in a recent Supreme Court hearing, brings to light the intricate dynamics between the Centre and the states, particularly concerning fiscal autonomy and financial management.


Legal Aspect:

The legal aspect of this issue revolves around constitutional provisions and existing laws governing the fiscal relationship between the Central Government and the states. Article 293 of the Constitution grants states the power to borrow on the security or guarantee of the Consolidated Fund of the State. However, the recent dispute between Kerala and the Centre stems from alleged interference by the latter in the former's financial matters.


Centre's Assertion:

The Centre's assertion that Kerala's financial health has been a cause for concern, backed by observations from the Comptroller and Auditor General (CAG), underscores the complexities involved. Kerala's petition against the Centre's alleged interference brings into focus the delicate balance between fiscal autonomy and centralized control.


Legal Debate:

At the heart of this legal debate lies the interpretation of constitutional provisions guaranteeing states' fiscal autonomy and the Centre's responsibility to maintain financial discipline at the national level. Case laws and precedents related to similar disputes between states and the Centre could provide insights into the potential outcomes of this legal battle.


Supreme Court Intervention:

Moreover, the Supreme Court's role in mediating between the Centre and Kerala reflects the judiciary's crucial role in upholding constitutional principles and ensuring justice. The court's suggestion for negotiations underscores the importance of amicable resolution mechanisms in resolving disputes of national significance.


Implications and Conclusion:

As the legal proceedings unfold, stakeholders across the political spectrum await the outcome with bated breath. The implications of this case extend beyond Kerala, setting precedents for the fiscal relationship between the Centre and all states. It underscores the need for a nuanced understanding of federalism and cooperative federalism in India's governance framework.


In Conclusion:

In conclusion, the dispute between Kerala and the Centre over borrowing rights underscores the intricate interplay between constitutional provisions, legal interpretations, and political dynamics. The Supreme Court's intervention and subsequent legal proceedings will likely shape the future course of fiscal relations between the Centre and the states, impacting India's federal structure and governance paradigm.

Location: Pune, Maharashtra, India

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