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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 right is actually secured and does not remain a theoretical concept. It is inherent to a life with dignity according to National Human Rights Commission (NHRC). Legality – Article 21 of the Constitution of India should be read with Articles 39(a) and 47 to ensure the effective realization of right to food. Article…
30 January, 2024
Fundamental rights
Supreme Court Extends the Goals of Article 19 Recently the Supreme Court ruled, that a citizen can seek enforcement of the fundamental right to freedom of speech not just against the state but also extended the ground for seeking these rights against other citizens. A fundamental right under Article 19 or 21 can be enforced even against persons other than the State or its instrumentalities,” said the 4-1 majority ruling by the Constitution Bench. The court adopted this stance when declaring that the freedom of speech and expression protected by Article 19(1)(a) cannot be restricted for any reasons beyond those…
14 January, 2023
Fundamental rights
Religious Conversion: Explained The Supreme Court recently directed the Centre to intervene and make serious and sincere efforts to address the issue of Forced Religious Conversion. What were the Petition and the Court's Decision? The petition sought a declaration that "intimidation, threatening, and deceivingly luring through gifts and monetary benefits" violates Articles 14, 21, and 25 of the Constitution. The petition argued that the Supreme Court stated in the Rev Stainislaus versus State of Madhya Pradesh case in 1977: "It must be remembered that c guarantees 'freedom of conscience' to every citizen, not just followers of one particular religion, and…
21 November, 2022
Fundamental rights
Fundamental Duties Recently, the Chief Justice of India said fundamental duties in the Constitution are not merely to serve a "pedantic or technical" purpose. CJI’s opinion: The primary law that governs the interaction between the people and the government is our Constitution. Although it has bestowed upon us unalienable rights, it also imposes upon us some fundamental duties The fundamental duties were included as the path to social transformation; they are not only technical or pedantic. Fundamental Duties Incorporation of Fundamental Duties: Although there existed a Part III for Fundamental Rights when the Constitution was adopted in 1949, there were…
17 August, 2022
Fundamental rights
Haryana reservation of jobs for locals-Son of soil doctrine Introduction Haryana Governor Satyadeo Narain Arya’s assent to a law regulating private sector to recruit 75% of jobs to the locals can affect India’s investment climate and its socio-economic framework. Details of the Act The Haryana State Employment of Local Candidates Act of 2020 seeks to ensure that 75% of all jobs with gross monthly salaries of up to 50,000 are provided to the State’s own residents. States like Andhra Pradesh (AP) passed a similar law in 2019(reserving 75%), and the Madhya Pradesh CM has promised to reserve 70% of private sector…
09 March, 2021
Fundamental rights
The cost of Internet shutdowns By, Anil K. Antony is the national co-coordinator of AICC’s social media department, and the national coordinator of PIIndia.org Context The movement led by farmers against the Central government’s agricultural laws has become a part of our national and international discourse. A principal concern among these has been the recurrent shutdowns, ordered by the Ministry of Home Affairs, of Internet services around many border areas of NCR since the unruly incidents on January 26. Collective punishment for people Unfortunately, these blockages are not new. India shuts down Internet services more than any other democracy in…
08 February, 2021
Fundamental rights
The Constitution Day Today on 26th November, 71st constitution day will be celebrated in the country. Every year as part of the celebrations, a number of activities aimed at highlighting and reiterating the values and principles enshrined in the Constitution are organised. Key Points In 1934, M N Roy first proposed the idea of a constituent assembly. Under the Cabinet Mission plan of 1946, elections were held for the formation of the constituent assembly. Constitution Day or Samvidhan Diwas is also known as National Law Day. The day commemorates the adoption of the Constitution in India. On this day in 1949,…
26 November, 2020
Fundamental rights
A concerted attack on RTI Context: The year 2020 marks 15 years of the enactment of the Right to Information (RTI) law in India. The article analyses the significance of the RTI Act and also evaluates some concerns regarding the weakening of the right to information regime. RTI applications in India: Every year nearly six million applications are filed under the RTI Act, making the RTI act of India, the most extensively used transparency legislation in the world. Right to information as a fundamental right: The right to information has been upheld by the Supreme Court as a fundamental right…
14 October, 2020
Fundamental rights
The need for an anti-discrimination law By, Suhrith Parthasarathy is an advocate practising at the Madras High Court Context Much as we might sometimes see it as a leveller, it invariably tends to underscore more endemic inequities. Recent revelations made by the former West Indies cricket captain Darren Sammy, therefore, must awaken us to a problem that goes far beyond the cricket field and its narrow confines, of a society replete with racism. Voices in sport # In our country, this problem is only exacerbated by other historically ingrained forms of discrimination, along the lines of caste, class, gender, and…
15 June, 2020
Fundamental rights
NEET is not student-friendly, merit-promoting By, Faizan Mustafa is an expert of constitutional law. The views expressed are personal Introduction “Freedom of individual development is the basis of democracy,” observed the Dr. S. Radhakrishnan Commission (1948-49) appointed by the Government of India to report on Indian University Education . It had among its members Dr. S. Radhakrishnan and was cited by then Chief Justice of India, B.N. Kirpal, in the judgment in T.M.A. Pai Foundation & Ors vs State Of Karnataka & Ors (2002). State Control over education-promote totalitarian tyrannies The Commission added (also cited in the T.M.A. Pai Foundation…
16 May, 2020
Fundamental rights
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