Constitutional Developments in India

Constitutional Developments

Anti defection Law in India

Defection by legislatures occurs in various democracies, which ultimately undermines the stability of the cabinet. So, to strengthen democracy by bringing stability to the administration and ensuring that a defecting parliamentarian does not jeopardise it, an Anti-defection law has been introduced.

Constitutional Developments

Article 21 of the Constitution

Article 21 is the soul of the Indian Constitution. It contains an ocean of rights. The Supreme Court of India has given it a living body by expanding its scope and ambit. This makes the Article a complete theory to be researched.

Constitutional Developments

Hijab Controversy Explained

You might have heard about the recent controversy regarding the hijab ban, but before getting into it we must understand that the word hijab is not defined anywhere in the Quran. It only talks about a partition or curtain and is to be used by the wife of prophets. They were supposed to be covered not just in their garments but also in the space that they occupy. Numerous girls across different States are protesting the hijab ban.

Constitutional Developments

Is The ‘Right To Be Forgotten’ a Fundamental Right?

Almost all of us have had some embarrassing moments in our lives and we all have made mistakes that we are not very proud of. Many of us learn and change. But what if the world refuses to accept our evolution. This is what the concept of Right to be Forgotten is all about.

Constitutional Developments

Right against Sexual Harassment –A Fundamental Right

According to the recent report of the National Crime Records Bureau on Crime in India, there were 17,003 total reported cases of sexual harassment in the year 2020. Despite the pandemic and with most people working from home, still, 485 incidents of sexual harassment at the workplace were reported. Further, a study shows that male suicides are 4 times more than female suicides at a workplace. Thus, any person can be subjected to this shameful act, as it is not just a crime against the body, but it is a crime against the soul.

Constitutional Developments

How a bill is passed in India?

"Parliament has been my temple, Constitution my holy book 📖", as once said by Ex-President Pranab Mukherjee in his last address to the nation. Well! All we can say is that in the Indian democracy, Parliament is indeed a temple and the Constitution a sacred textbook. It is obvious that the role of the Indian Parliament is underestimated, but it plays a very significant role in the country’s legislative process by way of enactments.

Constitutional Developments

How to Repeal Laws in India?

Many amongst us are almost familiar with the law-making process in India wherein a bill is passed by both the Houses of Parliament and then it is sent to the president for assent. But what about its repeal? Only a few would have the idea as to repeal or nullification of the laws in India. Around 58 Acts have been repealed by far. As we have seen that after a lot of resistance from the farmers; PM Modi on the auspicious occasion of Guru Nanak Jayanti addressed the nation that the government will repeal the three new farm laws in the upcoming Winter session of Parliament despite constant efforts made by the Government to convince the farmers on the benefits of the farm laws. Now, the word “repeal” here means to withdraw, annul or revoke any Act of Parliament. But why & how? To know these, read this article.

Constitutional Developments

Is there a law for Paternity Leaves in India?

The discussions and debates revolving around paternity leaves have started to resurface around the time when the Indian cricket team captain Virat Kohli decided to take eternity leave and chose to desert in the India-Australia test series in between. Maternity relief is provided under Article 42 of the Indian constitution as under Directive Principles of State Policy. Various legislation have also been enacted to protect women's interests at work during their maternity leave.

Constitutional Developments

Why India Needs a Separate Law for Honor Killing?

Attaining a happy ending is yet a euphoria for inter-caste marriage couples in India. Hundreds of cases of barbaric slaughter of such couples come across every year in the country. This practice of honour killing still subsists even in the dire times of covid-19 pandemic, with the latest case being murder of a 24 year-old in Tamil Nadu by his father-in-law and brother-in-law for marrying an upper caste girl. Regardless of the fact that these offences are neither new nor on the decline in India, there exists no separate legislation against them. There is a thread of causes as to the need of a distinct legislation for acts of honour killing in order to tackle the situation better.

Constitutional Developments

Is Abortion Legal in India?

Abortion is among the few matters which have been inculcated in discussions among both national and international organisations. The whole saga revolves around the dilemma of whether the right to termination of pregnancy of a woman supersedes the right to life of an unborn foetus or child. The right to life has been recognised as a very crucial aspect of the Indian Constitution as per the provisions of Article 21.

Constitutional Developments

Is there a Fundamental Right to Drink Liquor?

Liquor is an inseparable part of the vast majority in India. Consumption of liquor amounted to 5.4 billion liters in 2016 which was expected to go up to 6.5 billion liters by 2020. It is a matter of lifestyle and choice for individuals, irrespective of the fact if it's a healthy choice or not. This leads to a question in any common citizen's mind about whether he has the fundamental right to consume liquor or not and whether the State Government absolutely banning liquor in their territory is backed by authority and justification or not.

Constitutional Developments

Unfolding the OBC Act, 2021

On 10th August 2021, the Monsoon Session of Lok Sabha cleared and introduced the 127th Constitutional Amendment Bill relating to the restoration of the power of identification of OBC class to the State Authorities. This Bill, which has been unanimously supported, aims at providing clarifications to a few provisions introduced in the 102nd Constitutional Amendment Bill (102nd Bill).

Constitutional Developments

Types of bills in the Indian Parliament

A Bill is a proposal for the legislation which becomes an act or law when duly enacted. Every bill has to pass through stages in each House. The Bills introduced in the Parliament are of two kinds- private bills and public bills. Although all the bills are governed by the same procedure in the House, they can differ in various respects.

Constitutional Developments

Do you lose the Right to Privacy when you Die?

From ‘Right to equality’ to ‘Right to Constitutional remedies’. The constitution has provided us with all the rights to safeguard us from the arbitrary actions of different organs of the state. These rights not only let us enjoy our lives thoroughly without any kind of interference, but also establish a stability in the society we live in. But there is one aspect of all these rights, that all of us often ignore, and that is, what all rights would remain with us when all of us would be dead.

Constitutional Developments

High Courts in India- History, Jurisdiction, Composition

The High Courts of India are the highest judicial court in a every State and Union Territory. Articles 214 to 237 of the Constitution of India lay down the provisions of the High Courts. Article 214 deals with the establishment of High Courts in every state. High Courts have the power to exercise their original civil and criminal jurisdiction in any case, if the subordinate courts are not approved by the law to take up the matter due to the absence of financial or regional jurisdiction. There is a total of 25 High Courts in India.

Constitutional Developments

The Need for Women Judges in the Higher Judiciary

It took almost 39 years for India to have a woman judge in the Supreme Court of India. And by the time India gets its first woman CJI, it would have completed 77 long years as one of the three pillars of Independent & democratic India. So it is high time that while appointing the judges of the High Courts and the Supreme Court, equal representation should be given to the women in the judiciary. The higher judiciary should have a reservation policy for women. When we compare the higher and lower judiciary, we can see that while the lower judiciary has 27% of female judges, the High Courts have only 12% and the Supreme Court has only 4 women judges out of 33. As we reach closer to the top of the judiciary pyramid, we see fewer women representations.

Constitutional Developments

What is Public Interest Litigation (PIL)?

The concept of “Public Interest Litigation” has been borrowed from the American Jurisprudence. In the USA, it was designed in the 1960s to provide legal representation to previously unrepresented groups, lie minorities, people from custody, migrant labourers, forced bonded labourers and other backward classes. It was established with the view that the ordinary marketplace for legal services fails to provide fair services to these segments of society.

Constitutional Developments

The year to end child labour

When we think of our childhood, the memories are usually associated with learning, going to school and living a carefree life. But, in India, due to the high levels of unemployment and poverty, a significant number of kids are being forced to work in harsh conditions, which is sometimes a threat to their life. Even when child labour laws exist, they are often violated as many state governments allocate very few resources to enforce child labour laws.

Constitutional Developments

Anti defection Law in India

Article 21 of the Constitution

Hijab Controversy Explained

Is The ‘Right To Be Forgotten’ a Fundamental Right?

Right against Sexual Harassment –A Fundamental Right

How a bill is passed in India?

How to Repeal Laws in India?

Is there a law for Paternity Leaves in India?

Why India Needs a Separate Law for Honor Killing?

Is Abortion Legal in India?

Is there a Fundamental Right to Drink Liquor?

Unfolding the OBC Act, 2021

Types of bills in the Indian Parliament

Do you lose the Right to Privacy when you Die?

High Courts in India- History, Jurisdiction, Composition

The Need for Women Judges in the Higher Judiciary

What is Public Interest Litigation (PIL)?

The year to end child labour

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