Featured Post

9th August 2016 Current Affairs Questions and Answers

9th August 2016 Current Affairs MCQs, Quiz, Questions : Current Affairs for August 2016 ,  Daily Multiple Choice Questions (MCQs) for In...

Showing posts with label Constitution of India. Show all posts
Showing posts with label Constitution of India. Show all posts

Right to Privacy is Fundamental right – Supreme Court

Supreme Court on 24th August declared right to privacy as a Fundamental right under the Constitution. A nine-judge Constitution bench headed by Chief Justice J S Khehar ruled that right to privacy is protected intrinsically as part of rights guaranteed under Article 21 of the Constitution. Others members of the bench comprising Justices J Chelameswar, S A Bobde, R K Agrawal, R F Nariman, A M Sapre, D Y Chandrachud, S K Kaul and S Abdul Nazeer also shared the same view.  Petitions filed in Supreme challenging move to make Aadhaar mandatory for availing the benefits of social welfare schemes. The petitioners had contended that the right to privacy was “inalienable” and “inherent” to the most important fundamental right which is the right to liberty.

Sugamya Bharat Abhiyan (Accessible India Campaign)

Sugamya Bharat Abhiyan (Accessible India Campaign) is the nationwide campaign for achieving universal accessibility for all citizens including Persons with Disabilities, to be able to gain access and live independently. The Accessible India Campaign comprises of the following key components:-
(i) Create Mass Awareness
(ii) Capacity Building
(iii) Interventions (Technology solutions, Legal framework, Resource generation)
(iv) Leverage corporate sector efforts including CSR resources.
(v) Leadership endorsements 

Persons with Disabilities (Equal Opportunities. Protection of Rights and Full Participation) Act 1995 under Section 44, 45 and 46 also categorically provides for non-discrimination in participation, non-discrimination of the roads and built up environment.  As per Section 46 of the PwD Act, the States are required to provide for :
i) Ramps in public buildings
ii)  Provision of toilets for wheelchair users
iii) Braille symbols and auditory signals in elevators or lifts
iv) Ramps in hospitals, primary health centres and other rehabilitation centres.

21st Law Commission from 1st September 2015 to 31st August 2018

Union Cabinet chaired by the Prime Minister Shri Narendra Modi, has given its approval on the Constitution of the 21st Law Commission of India, for a period of three years w.e.f. 1st September. 2015 to 31st August, 2018.
The 21st Law Commission will consist of:-
(i) a full-time Chairperson;
(ii) four full-time Members (including a Member-Secretary);
(iii) Secretary, Department of Legal Affairs as ex off do Member;
(iv) Secretary, Legislative Department as ex offcio Member; and
(v) not more than five part-time Members.
The Law Commission shall, on a reference made to it by the Central Government or suo-motu, undertake research in law and review of existing laws in India for making reforms therein and enacting new legislations. It shall also undertake studies and research for bringing reforms in the justice delivery systems for elimination of delay in procedures, speedy disposal of cases, reduction in cost of litigation etc.

About Law Commission of India:
  • The Law Commission of India is a non-statutory body constituted by the Government of lndia from time to time. 
  • The Commission was originally constituted in 1955 and is re-constituted every three years. 
  • The tenure of the 20th Law Commission was upto 31st August, 2015. 
  • Duration of 21st Law Commission of India is from 1st September. 2015 to 31st August, 2018
  • The various Law Commissions have been able to make important contribution towards the progressive development and codification of laws of the country. 
  • Law Commissions have so far submitted 262 reports.

Indian Tricolour Meaning, Design, History

National Flag of India was designed by Pingali Venkayyaand and adopted in its present form during the meeting of Constituent Assembly held on the 22 July 1947, a few days before India's independence from the British on 15 August, 1947. It served as the national flag of the Dominion of India between 15 August 1947 and 26 January 1950 and that of the Republic of India thereafter. In India, the term "tricolour" refers to the Indian national flag.
The National flag of India is a horizontal tricolor of deep saffron (kesari) at the top, white in the middle and dark green at the bottom in equal proportion. The ratio of width of the flag to its length is two to three. In the centre of the white band is a navy blue wheel which represents the chakra. Its design is that of the wheel which appears on the abacus of the Sarnath Lion Capital of Ashoka. Its diameter approximates to the width of the white band and it has 24 spokes.
Evolution of the Tricolour
It is really amazing to see the various changes that our National Flag went through since its first inception. It was discovered or recognised during our national struggle for freedom. The evolution of the Indian National Flag sailed through many vicissitudes to arrive at what it is today. In one way it reflects the political developments in the nation. Some of the historical milestones in the evolution of our National Flag involve as shown in picture.
The first national flag in India is said to have been hoisted on August 7, 1906, in the Parsee Bagan Square (Green Park) in Calcutta now Kolkata. The flag was composed of three horizontal strips of red, yellow and green.

Odia become 6th classical languages after Sanskrit, Tamil, Telugu, Kannada and Malayalam

Odia on Thursday became the sixth language of the country to get “classical language’’ status after the Union Cabinet conceded a long-pending demand for putting it in the same league as Sanskrit, Tamil, Telugu, Kannada and Malayalam.  Following demands, the Union Cabinet today gave its approval for putting Odia in the list of classical language.  The Union Cabinet today gave its approval for classifying Odia as classical language. This will give impetus to scholarship in this language. 
The following benefits are available for languages which are declared as classical languages:
1.  Two major annual international awards for scholars of eminence in the concerned language.
2. A `Centre of Excellence for Studies in Classical Languages` can be set up.
3. The University Grants Commission can be requested to create, to start with at least in Central Universities, a certain number of professional chairs for classical languages, for scholars of eminence in the concerned language.
Background:
There has been a demand that Odia, which is one of the oldest languages and has no resemblance to Hindi, Sanskrit, Bengali, Telugu, etc., be declared as a classical language. So far Sanskrit, Tamil, Telugu, Kannada and Malayalam have been declared as classical languages.

Section 377 and Homosexual Sex

Section 377 and Homosexual Sex: In a huge setback for the LGBT (lesbian, gay, bisexual and transgender) community, the Supreme Court has set aside the Delhi High Court ruling that decriminalised homosexuality and had struck down Section 377. While setting aside the 2009 Delhi High Court order, the apex court observed that Section 377 is a valid constitutional provision. There is no constitutional infirmity in Section 377 of IPC which makes gay sex an offence punishable with up to life imprisonment, said a bench of justices GS Singhvi and SJ Mukhopadhaya while overruling the High Court verdict. 
Section 377 of IPC: Chapter XVI, Section 377 of the Indian Penal Code dating back to 1861, introduced during the British rule of India, criminalises sexual activities "against the order of nature", including homosexual acts. The section was declared unconstitutional with respect to sex between consenting adults by the High Court of Delhi on 2 July 2009. That judgement was overturned by the Supreme Court of India on 11 December 2013, with the Court holding that amending or repealing Section 377 should be a matter left to Parliament, not the judiciary. 
There is a lot of debate being used and quoted against and for Section 377 IPC. In fact, 377 IPC itself does not identify homosexuals as being its subject. The actual law (IPC Section 377) states: "Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with 1[imprisonment for life], or with imprisonment of either description for term which may extend to ten years, and shall also be liable to fine". Therefore homosexuals are clearly not the targets. The law is clearly addressing "whosoever" and "man, woman or animal". The fact that this law has not been used against homosexuals (or against consenting adults) is borne out by the history of convictions under this law in India, wherein there has been no case of a consensual homosexual act being prosecuted / convicted under this act.

SC gives voters right to reject all candidates

Supreme Court on 27th September 2013 gave the citizens of India the right to reject all candidates in elections. The judgement will be implemented immediately, and the "none of the above" option will be included in EVMs and ballot papers to be used in the upcoming state Assembly Elections later this year. The Conduct of Election Rules, 1961, already gives Indians the right to not vote for any candidate, through Section 49 (O). Under this section, used by a minuscule number of well-informed voters, voters can have their finger inked, then tell the presiding officer that he/she does not wish to vote for any of the candidates and this is then recorded in a register. This implies that a voter declares openly that he is rejecting the candidates. The SC decision provides to citizens the right to a secret ballot even while exercising his right to reject all the candidates.
"Democracy is all about choices and voters will be empowered by this right of negative voting," a bench headed by Chief Justice P Sathasivam said in its order on Friday. The judges said that this "would lead to a systemic change in polls and political parties will be forced to project clean candidates". Negative voting is prevalent in 13 countries and even in India, MPs are given the option of abstaining while voting in the parliament, the court said.

Domestic Violence Act 2005

Protection of Woman from Domestic Violence Act 2005: An Act to provide for more effective protection of the rights of women guaranteed under the Constitution who are victims of violence of any kind occurring within the family and for matters connected therewith or incidental thereto. The Protection of Women from Domestic Violence Act 2005 differs from the earlier law, Section 498A of the Indian Penal Code, in that it explicitly defines domestic violence in addition to dowry-related cruelty. omestic violence is defined as follows:
For the purposes of this Act, any conduct of the respondent shall constitute domestic violence if he:
(a) habitually assaults or makes the life of the aggrieved person miserable by cruelty of conduct even if such conduct does not amount to physical ill-treatment; or
(b) forces the aggrieved person to lead an immoral life; or
(c) otherwise injures or harms the aggrieved person.