Right to Property

Right to Property The Supreme Court's recent judgment reaffirms the importance of the Right to Property as a Constitutional right under Article 300A and a human right in a welfare state. The decision has significant implications for governance, fairness in land acquisition, and timely compensation for property owners. Key Takeaways from the Judgment Recognition of Article 300A:

Demand for Holding Parliament Sessions Outside Delhi:

Demand for Holding Parliament Sessions Outside Delhi: Why in News? Recently, a Member of Parliament (MP) from the YSR Congress proposed the idea of holding two sessions of the Indian Parliament each year in South India. The proposal highlights logistical and climatic challenges that MPs face due to the extreme winters and scorching summers in Delhi. This suggestion has historical support fr

No Confidence Motion Against the Vice President

Recently, approximately 50 Opposition MPs signed a resolution to introduce a no-confidence motion against Vice President Jagdeep Dhankhar, who serves as the ex-officio Chairman of the Rajya Sabha. This move, if executed, would mark the first instance of such a resolution in the history of the Indian Parliament. Constitutional Framework Article 67(b): This article outlines the procedure fo

Uniform Civil Code (UCC)

Why in the News? Prime Minister's recent Independence Day speech emphasized the need for a Uniform Civil Code (UCC), advocating for a secular civil framework over the current religion-based personal laws. About Uniform Civil Code (UCC) Definition: UCC refers to a unified set of personal laws applicable to all citizens, regardless of religion, governing matters such as marriage, div

Article 311: Overview and Implications

What is Article 311? Article 311 of the Indian Constitution lays down the procedures and safeguards that must be adhered to before a government employee can be dismissed, removed, or reduced in rank. It serves to protect civil servants from arbitrary actions by the government. Grounds for Dismissal Employee Efficiency: Dismissal may occur if an employee's performance or conduct is

The Constitution of India and France

The recent news involves the resignation of the French Prime Minister and the subsequent appointment of a caretaker government until a new government is formed. This situation highlights the operational aspects of the French Constitution and its parallels with other constitutions, such as India’s. Similarities Between the Constitutions of India and France Historical Context and Insp

What is Article 25 of the Indian Constitution?

Overview: The Kerala High Court recently observed that the fundamental right under Article 25 of the Constitution to enter a temple for worship does not give the right to any member of the Hindu community to perform the role of Archakas (priests). About Article 25 of Indian Constitution Article 25 says that all persons are equally entitled to freedom of conscience and the right to freel

Organ Transplantation

Context: A petitioner seeking a kidney transplant died waiting for permissions to come through. While there are stringent rules for organ transplantation, the court has said that timelines must be followed in the true spirit of the transplant law. Background: The Delhi High Court ruled on a plea from a retired Indian Air Force officer diagnosed with  kidney failure in 2017. By 2019

Caste discrimination in prisons

Context: The Supreme Court on Wednesday said caste-based discrimination of prisoners, segregation of manual work among them according to caste-hierarchy and treatment of inmates from the denotified tribes as “habitual offenders” within the four walls of jails across India is a “very important issue” and needs to be addressed. The current status of Indian prisons is marke

Right to Food

Recently, Indian government argued for people’s right to food in Supreme Court by supporting Genetically Modified (GM) crops as against the alleged environmental damage by it. Right to Food – It implies the right to food at appropriate nutritional levels and the quantum of relief to those in distress must meet those levels in order to ensure that this rig

Tenth Schedule of Indian Constitution

News? Speaker of the Maharashtra Legislative Assembly has refused to disqualify 40 MLAs of the Eknath Shinde faction after recognising it as the real Shiv Sena. He also did not disqualify 14 MLAs of the Uddhav Balasaheb Thackeray (UBT) group due to technical reasons under the Tenth Schedule. Anti Defection Law? The anti-defection law punishes individual Members of Parliame

New Ruling On Benami Law May Unearth Old Deals

Context: The Appellate Tribunal on Disputes in Benami Matters has ruled that “Held” used in the Benami Act 2016 also covers the proceeds of crime committed before 2016, and is currently being held or possessed by the beneficiary.  News: Tribunal Decision Regarding Benami Property: The tribunal has decreed that the possession of a Benami proper

International Braille Day

Context: In commemoration of International Braille Day, various National institutions and Comprehensive Regional Centers under the Department of Empowerment of Persons with Disabilities organized extensive awareness programms focused on Braille literacy. About: International Braille Day is observed on 4th January annually to promote awareness regarding the significance of Braille as a com

Free legal aid in India

Context: Supreme Court judge Justice BR Gavai has been nominated as the Chairman of the Supreme Court Legal Services Committee (SCLSC), replacing Justice Sanjiv Khanna – the seniormost judge of the top court after the Chief Justice of India (CJI). What is the Supreme Court Legal Services Committee: The Supreme Court Legal Services Committee, formed under Section 3A of the

Polygraph test

Context: Five of the six people arrested by the Delhi Police in connection with the Parliament security breach on December 13 last year gave their consent before a court here on Friday to undergo a polygraph test. About: A polygraph test is carried out on the assumption that physiological responses triggered when one is lying are different from what they otherwise would be. Rather than

Structured negotiation as a boost for disability rights

Context: Structured negotiation is an increasingly employed dispute resolution technique, offering a collaborative and solution-oriented approach as an alternative to litigation. Widely applicable, it has demonstrated remarkable effectiveness in settling disability rights cases, particularly in the United States. Success in Disability Rights: Particularly successful in resolving issues re

Section 132 of the Income Tax Act, 1961

Context: Despite the affirmation of the right to privacy in the 2017 Puttaswamy judgment, concerns persist regarding Section 132 of the Income Tax Act, potentially infringing on citizens' fundamental rights. Understanding Section 132 of the Income Tax Act, 1961: Introduction and Historical Context: Introduced to replace the invalidated Taxation on Income (Investigation Commission) Act, 1

The Collegium system has failed India

Context: There are not enough judges at all levels of the judicial hierarchy to deal with the increased workload. The result is that there is little time to reflect on issues which can change the course of the nation’s march forward. The collegium system has also been in news for tussles between the judiciary and the executive and the slow pace of judicial appointments. About collegium sy

New criminal codes

Context: Roll-out schedule of 3 new criminal codes will be notified by January 26 About: The three new criminal laws introduced in 2023 are: 1. Bharatiya Nyaya Sanhita (BNS) Bill, 2023: This bill replaces the Indian Penal Code (IPC) of 1860 and aims to overhaul the criminal justice system in India 2. Bharatiya Sakshya (Second) Bill, 2023 (BSS): This bill replaces the Code of Criminal Procedure

State of the Judiciary report

Context: The recent report highlights the challenges faced by judiciary The key highlights of the State of the Judiciary report are: Nearly one-fifth of the district court complexes in the country lack separate toilets for women, according to a report published by the Centre for Research and Planning of the Supreme Court recently The report underscores the necessity of women-friendly toil

Women’s Reservation Bill 2023

Context: In a special session of Parliament in September, after a wait of nearly three decades, the Nari Shakti Vandan Adhiniyam was passed, making possible a more women-friendly House. It envisaged reservation of one-third of the seats in Lok Sabha and state assemblies for women. After presidential assent on September 29, it became law. Background: Initiation During Atal Bihari Vajpaye

Muslim League Jammu Kashmir (Masarat Alam faction)’/MLJK-MA

Context: The Government of India has declared ‘Muslim League Jammu Kashmir (Masarat Alam faction)’/MLJK-MA as an 'Unlawful Association' under Section 3(1) of the Unlawful Activities (Prevention) Act (UAPA) 1967. About Muslim League Jammu Kashmir Led by Masarat Alam, the successor of the late Syed Ali Shah Geelani and incumbent Hurriyat Conference chairman, the Muslim L

One off-key conduct by in-laws cannot be called cruelty under Section 498A: Supreme Court

Context: The apex court was hearing the appeal of a woman who was accused by her newly-wed sister-in-law of using foul language and dumping the latter’s belongings in the dustbin The Issue: The Supreme Court of India ruled that a single instance of bad behavior, including using foul language and disposing of another's belongings, does not amount to "cruelty" under Section 49

THE PIR PANJAL CHALLENGE

BACKGROUND: While the Kashmir region, Impact of Article 370 Abrogation: Abrogation has reduced support for separatism in Kashmir, pushing terrorists towards Poonch-Rajouri. Troop Redeployment Concerns: Shifting troops to other sectors, like Ladakh, might weaken optimal deployment in Poonch-Rajouri. HQ Northern Command needs to balance redeployment with ensuring adequate sec

NEED FOR AN EXPENDITURE CAP ON FREEBIES

What is a freebie? Freebies refers to transfer of goods or services to people without any payment and may contain an element of allurement of voters for electoral benefits or/and acts as a positive step towards inclusive economic growth. Status of Freebie culture in India: The expenditure of State Governments on subsidies has grown from 11.2% to 12.9% during 2020-21 and 2021-22.

REFERENDUM

    It is a direct vote by the electorate on a proposal, law, or political issue where voters of a country exercise direct democracy. This is in contrast to an issue being voted on by a representative.  The referendum can deal with adoption of a new policy or specific law or be only advisory. Other methos of us

DEMOLISHING THE FRAME FROM OUTSIDE THE CONSTITUTION

Why in the News? The Delhi Police arrested two persons of news portal NewsClick by invoking the Unlawful Activities (Prevention) Act on the charges of Accessing funds from pro-China elements  Coverage of events such as the farmers’ protests in 2020-21, that undermined the internal security of India. The line set by “basic structure doctrine” has been crossed

Press Freedom in India

Press, the fourth pillar of democracy: India’s rank at the World Press Freedom index (published by Reporters Without Borders) has been continually declining which now stands at 161 out of 180 (In 2014, it was at 140; in 2022, it was at 150). freedom of the press is considered a part of the freedom of speech and expression guaranteed by Article 19(1)(a) of the Constitution. However,

TRAI can’t regulate OTT platforms

TRAI can’t regulate OTT platforms Why in the News? India’s telecom appellate panel has held that Over the top (OTT) platforms like Hotstar are not in the jurisdiction of the Telecom Regulatory Authority of India (TRAI). This was passed as an interim order by the Telecom Disputes Settlement and Appellate Tribunal (TDSAT). They shall be governed by the Information Tech

The Money Bill issue

The Money Bill issue Why in the News? The Supreme Court has constituted a 7-judge bench to hear a challenge to the Centre’s use of money bills for passing important laws. What is a money bill issue? The plea was filed for challenging set of amendments to the Prevention of Money Laundering Act (PMLA). A three-judge bench upheld the PMLA and the vast powers of the ED in 2022,

Need for Review of Basic Structure Doctrine

    Why in the News? Recently, former CJI and present Rajya Sahbha MP Ranjan Gogoi held that the “Basic Structure Doctrine” has “a very debatable jurisprudential basis”, raising a question of its review. Evolution of Basic Structure doctrine: Shankari Prasad case (1951) The constitutional validity of the 1st amendment to the

Should the CJI be part of the committee selecting the CEC?

Should the CJI be part of the committee selecting the CEC? Why in the News? The Rajya Sabha has introduced the Chief Election commissioner and other Election Commissioners (Appointment, conditions of service and Term of office) Bill, 2023 seeking to dilute the SC verdict on composition of the Selection committee. Appointment of the Chief Election Commissioner (CEC) and other Election Comm

The Chief Election commissioner and other Election Commissioners Bill, 2023

Why in the News? The Rajya Sabha has introduced the Chief Election commissioner and other Election Commissioners (Appointment, conditions of service and Term of office) Bill, 2023 seeking to dilute the SC verdict on composition of the Selection committee. Appointment of the Chief Election Commissioner (CEC) and other Election Commissioners (ECs): Constitutional Provision: Article 324

No-Confidence Motion

No-Confidence Motion Article 75 of the Constitution - Council of Ministers shall be collectively responsible to the Lok Sabha. This means that the ministry stays in office as long as it enjoys the confidence of the lower house. This effectively gives power to the Lok Sabha to remove the ministry from the office by passing No-confidence motion. Therefore, it has been used as a tool for

Basic Structure doctrine

Basic Structure doctrine Why in the News? The former Chief Justice of the Supreme Court remarked that the Idea of Basic structure Doctrine has a ‘debatable jurisprudential basis’. Evolution of Basic Structure doctrine: Shankari Prasad case (1951) The constitutional validity of the 1st amendment to the constitution that curtailed the fundamental right (FR) of Righ

Topic: Abrogation of Article 370

Why in news? The Supreme Court is set to test the constitutionality of repeal of Article 340 in 2018. What is Article 370? Jammu & Kashmir (J&K), a princely state during British rule, wanted to remain as an independent state post-independence. But, Raja Hari Singh, the ruler of J&K had to sign the Instrument of Accession with India following Pakistan's invasion agai

Anti-Defection Law

Anti-Defection Law The Tenth Schedule was inserted in the Constitution in 1985 by the 52nd Amendment Act (Rajeev Gandhi Government). It lays down the process by which legislators may be disqualified on grounds of defection by the Presiding Officer of a legislature based on a petition by any other member of the House. The law applies to both Parliament and s