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Showing posts with the label English

Diwali: Three Yugas, Three Narratives and One Living Civilisation

  Diwali: Three Yugas, Three Narratives and One Living Civilisation Sri Aurobindo’s Thought and the Continuity of Indian Civilisation Why should we celebrate Diwali? This is a natural question before today's Gen Z. Is Diwali merely a religious festival, a tradition passed down through generations, or an opportunity to understand the history, philosophy and cultural consciousness of our civilisation? In an age of modernity and scientific outlook, young people wish to understand the reasoning behind traditions. The answer to this question lies in understanding the narratives associated with Diwali and the very nature of Indian civilisation. To understand the historical journey of Indian civilisation, the metaphor of a palimpsest is sometimes employed. A palimpsest is an ancient manuscript on which new writing was inscribed after erasing the earlier writing, although traces of the original text continued to remain. Through this metaphor, an attempt is made to understand Indian histor...

The Evolving Jurisprudence of Public Interest Litigation: Towards an Indian and Human-Centric Approach

 The Evolving Jurisprudence of Public Interest Litigation: Towards an Indian and Human-Centric Approach Public interest litigation is said to be the innovation of the Indian judiciary, where the cause of action has been diluted in order to address the grievances of the people who cannot reach before the court on the account of illiteracy or financial weakness. The modern jurisprudence of Public Interest Litigation (PIL) in India is generally traced to the 1979 case of Hussainara Khatoon v. Home Secretary, State of Bihar , reported in (1980) . The case brought before the Court, in the larger public interest, the deplorable conditions of undertrial prisoners and issues relating to the right to speedy trial and access to legal aid . Thereafter, S.P. Gupta v. Union of India (1981) further expanded the scope of locus standi in the field of Public Interest Litigation.. In the same manner, the basic structure doctrine of the Constitution of India(Keshavanad Bharati Case(1973 ) is consi...

CONSTITUTIONAL MORALITY AT THE CROSSROADS-Judicial Propriety, Institutional Trust and the Rule of Law

  CONSTITUTIONAL MORALITY AT THE CROSSROADS- Judicial Propriety, Institutional Trust and the Rule of Law Sitting   judge of Supreme Court   passing comments on a matter that is not before him—does it fall within the bounds of judicial propriety? Does it not violate the principle of judicial self-restraint? Does this not violate a basic principle of constitutional morality?It is relevant here to discuss the doctrine of precedent.   The Constitutional Bench in matter of 1965 AIR 1767   observed “It is hardly necessary to emphasis that considerations of judicial propriety and decorum require that if a learned single Judge hearing a matter is inclined to take the view that the earlier decisions of the High Court, whether of a Division Bench or of a single Judge, need to be reconsidered, he should not embark upon that enquiry sitting as a single Judge, but should refer the matter to a Division Bench or, in a proper case, place the relevant papers before the Chief Jus...

Electoral Rolls, Election Commission and Evidence-Based Public Discourse: Facts, Allegations and Law

Electoral Rolls, Election Commission and Evidence-Based Public Discourse: Facts, Allegations and Law Questions relating to the functioning of the Election Commission should be examined on the touchstone of the Constitution, law, rules, official records, judicial decisions and available evidence. Questions are being raised regarding electoral rolls, Election Commissioners, voter details and technology. Therefore, it is necessary to clearly understand and distinguish facts, allegations, legal position and available evidence. Fact: Accuracy of Electoral Rolls The accuracy of the electoral roll itself is a statutory requirement. The Representation of the People Act, 1950 contains provisions relating to registration of voters, ordinary residence, registration at more than one place, and correction and deletion of erroneous or ineligible entries. Section 19 provides the basis for registration. The law prohibits registration of one person in more than one constituency or more than once in the...

We the People of India: Constitutional Sovereignty and the Question of Regime Change

  We the People of India: Constitutional Sovereignty and the Question of Regime Change The Preamble to the Constitution of India begins with the words, “We, the People of India.” Hence, can all citizens believe that they are sovereign in India? This is what is often read into the opening words of the Preamble to the Constitution of India. Now, looking back at the 75 years of the Constitution of India, the interpretation of these words assumes great importance because, nowadays, they have become the foundation and the invocation for urging the youth to come forward and support a change of regime. The expression “change of regime” connotes a great deal. Moreover, some people support this demand by arguing that a change of government is always a right of the citizens of this country, guaranteed by the Constitution. All these statements, however, are made out of context, with constitutional provisions being interpreted without regard to their broader constitutional context. Thi...

Uniform Civil Code (UCC) – Myths, Misconceptions, Distorted Information, and Rumors vs. Reality

  Uniform Civil Code (UCC) – Myths, Misconceptions, Distorted Information, and Rumors vs. Reality On social media, attempts are being made by non-Hindu groups to give a new twist to the Uniform Civil Code (UCC) issue by linking it to the concept of a 'Hindu Rashtra' (Hindu nation). The question arises: are non-Hindu groups unaware of what the UCC actually entails? We should all be aware that the UCC was an aspiration of the freedom fighters and the Constituent Assembly, and it is explicitly enshrined in the Indian Constitution. Furthermore, the Honorable Supreme Court has, from time to time, expressed dissatisfaction and deep concern to the Central Government regarding the failure to implement the UCC. However, such irresponsible comments regarding the UCC raise several questions. Certain forces seek to tarnish and malign India's growing stature. It is essential to examine the myths surrounding the UCC against the actual facts and truth—such as: UCC and 'Hindu Rasht...

Hindi-English:Art in the Constitution of India

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भारत के हस्तलिपिबद्ध मूल संविधान में भारतीय सभ्यता का चित्रण Illumination of culture of India IN THE ORIGINAL CONSTITUTION OF INDIA  SIGNED BY HON'BLE MEMBERS OF CONSTITUENT ASSEMBLY भाग 1  संघ और उसके राज्यक्षेत्र UNION AND ITS TERRITORY भाग 2 नागरिकता CITIZENSHIP भाग 3 मूल अधिकार FUNDAMENTAL RIGHTS भाग 4 राज्य के नीति निर्देशक तत्व DIRECTIVE PRINCIPLES OF STATE POLICY भाग 5 संघ THE UNION भाग 6 राज्य THE STATES भाग 7 पहली अनुसूची के भाग ख के राज्य STATES IN THE B PART OF THE FIRST SCHEDULE भाग 8 संघ राज्यक्षेत्र THE UNION TERRITORIES भाग 9 पंचायत THE PANCHAYATS भाग 10 अनुसूचित और जनजाति क्षेत्र THE SCHEDULED AND TRIBAL AREAS भाग 11 संघ और राज्यों के बीच संबंध THE SCHEDULED AND TRIBAL AREAS भाग 12 वित्त, सम्पत्ति, संविदाएं और व...