Tag: Law

Unraveling the Chief Election Commissioner and the Other Election Commissioners Act, 2023: Implication and Challenges

The recent enactment of the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service, and Term of Office) Act, 2023 has gathered significant attention and controversy, particularly due to its apparent contradiction with a recent Supreme Court judgment. This article provides a comprehensive analysis of the Act, highlighting its significant provisions and exploring its legal and constitutional implications. By examining the Act in detail, the article explains the potential repercussions of the legislation and its alignment, or lack thereof, with constitutional principles. This analysis is essential to understand the broader impact of the Act on the electoral framework and democratic processes in India.

0

Breaking Bonds: Analysing the Supreme Court’s Verdict in Association for Democratic Reforms v. Union of India

The Supreme Court gave an historical verdict that ended the brief but significant era of the Electoral Bonds Scheme. This article aims to clarify the arguments presented by all parties involved and offers an accessible interpretation of the court's judgment. It also aims to delineate suggestions that may be considered as the next step in the overall mission of conducting free and fair elections in the world's largest democracy.

0

Turning Gavels into Papal Ferula: Unravelling the essential religious practices doctrine

The article examines the Essential Religious Practices Doctrine in India, tracing its evolution, implications, and critiques. It explores how the doctrine, first derived with the intention to protect religious practices with secular and economic connotations, has evolved into an anathema for religious freedom, empowering the Court to decide people’s faith for them. Analysing its impact, the article suggests alternative approaches, emphasizing individual rights and deference to religious groups. It argues for reconsideration of the ERP doctrine due to its potential to undermine religious freedoms and the judiciary's authority, emphasizing the need for the same.

0

Challenges and Prospects of Transgender Reservation: A Call for a Universal Approach

The article aims to address the issue of Transgender reservation. The Indian Constitution mandates affirmative measures for safeguarding the interests of vulnerable communities and preventing exploitation. Nevertheless, the author is of the opinion that legislative efforts regarding reservations for the transgender community have been fragmented and incoherent. The author suggests that it is now imperative to grant horizontal reservations for the transgender community. Furthermore, the author stresses the requirement for distinct reservations due to the unique challenges faced by the transgender community, advocating for horizontal reservation, that is flexible and self-adjusting. Finally, the article calls for acknowledging and upholding the legitimate claims of the transgender community to foster a fairer and more equitable society.

0

Up ↑