Browsing by Subject "Judiciary"

Now showing 1 - 4 of 4

Open Access
Constitution and its Importance to Bring Social Change in India
(University of North Bengal, 2020-03) Talukdar, Sougata
Social Change is the obvious requirement of the time and its abstract idea evinces change of characteristics of a group of people. The adaptation and enforcement of the Constitution of India was the path breaking event in the Indian socio-political structure. Since then the Constitution of India has travelled a long way through various amendments to adapt the requirements of time. The Constitutional philosophy in India relating to social change derived from the schemes of the preamble, fundamental rights and directive principles of state policy. All these parts explain various factors and freedoms which are the basic requirements of the prospective social changes. With the modernisation of the society, the Constitutional goals as mentioned in the preamble and various rights and sureties under Part III and IV the Constitution are shaping day by day with new outlooks. This new trend to interpret the Constitutional provisions by the Judiciary to bring the required social changes projects the Constitution as an instrument of social change. Thus, this Article primarily enquires about the Constitutional inputs to the social change in India.
Open Access
Judicial Opinion on Whether Personal Law is a “Law” under Article 13 of the Constitution of India
(University of North Bengal, 2023-09) Kejriwal, Shruti
India is a land of religious pluralism. Every religion has its own set of customs and rituals. Personal law may apply to either a group or an individual. It is applied based on the faith or the religion, which an individual chooses to practice and profess. In India, there have been migrations and invasions by varied foreign rulers, which have led to multiple set of personal laws. Some practices of these religions are discriminatory on the ground of gender. Contemporary India witnesses the upsurge of feminist legal responses on the concerns of gender inequality in religious laws. Beginning from the Constituent Assembly Debates to the formation of the Constitution of India and then the unclear varying judicial pronouncements in relation to the personal laws by the Indian judiciary have made the topic of personal laws dynamic. In this context, it is imperative to understand the concept of personal laws as it prevails today. This article looks into the location of personal laws within the structure of Article 13 of the Constitution of India.
Open Access
Judiciary in India: The Dialogic Space
(University of North Bengal, 2015) Chakraborty, Ranjita
The judiciary in India has been praised and blamed in the same breath, praised for being the voice of the people, upholding democracy in India at a time when faith in the other institutio ns responsible for upholding democracy is ebbing, and blamed for making a mark in the number of pending cases that stands to at present a scary 3.2crores figure. Critics point to this pendency as undesirable, for justice delayed is justice denied. The crit ics further point out that this delay is caused by the tendency of the judiciary in India to go for sensationalism and overreach, taking up cases for hearing that are sensational and in the process not responding to the civil and criminal cases that get fi led in the courts. Supporters of the judiciary however, have reasons for this pendency like the strength of the judiciary and the number of cases to be heard ratio, vacancies, poor infrastructure and support system etc. This is the political argument which the present paper would not focus on but would, by a discussion of some select cases; attempt to highlight the representational role played by the judiciary in India, facilitating the creation of a space for dialogue between the different sections of the society in India.
Open Access
Significance of TPDS in the Light of Indian Legal Regime - An Overview
(University of North Bengal, 2021-09) Sarkar, Pratim
Poverty, hunger and food insecurity omnipresent reality in India. Government has implemented many programmes, schemes and policies to control poverty and foster development. Right to food is a basic human right and deeply linked with right to live with dignity. Articles 21, 39(a) & 27 of the Constitution mandates the states to provide adequate means of livelihood, raise the level of nutrition and standard of living of the citizens. As per the data report of national and international agencies, a large number people in India are suffering from malnutrition, undernourished, underweight and stunted. In many cases Indian Judiciary has taken serious concern about the socioeconomic offences. Targeted Public Distribution System is a major and wide-ranging poverty alleviation programme in India that leads towards the socio-economic welfare of the people. Essential foodstuffs like rice, sugar, wheat, kerosene and other goods are supplied to people through this system at a cheap price. Though it is commendable step to ensure food security to the needy people but could not achieve its desired results because of widespread corruption, leakage of funds and other reasons.