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Polity

Presidential System

1st August – Political culture, not presidential system

India needs a new political culture, not presidential system Recently, famous MP Shashi Tharoor argued that India should move towards Presidential system of government due to the propensity of lawmakers to defect at the drop of a hat in search of perks and offices, which he blames on the parliamentary system. Is the assessment correct? …

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President

27th July – Presidential System of Government

Presidential System of Government The parliamentary system devised in Britain – a small island nation with electorates of less than a lakh voters per constituency — is based on traditions which simply do not exist in India. These involve clearly defined political parties, each with a coherent set of policies and preferences that distinguish it …

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Discrimination

16th June – Anti-discrimination law

The need for an anti-discrimination law In our country, the problem of racism is exacerbated by other historically ingrained forms of discrimination, along the lines of caste, class, gender, and religion among other things. Defining private discrimination – These prejudices, which pervade every aspect of life, from access to basic goods, to education and employment, …

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Gender Equality

16th May – Gender Equality

Gender Rights : Reflection, Commitment and Action Constitution ensures protection against discrimination on the basis of gender through Article 14, 15(1) and 16(2). Article 39(a), 39(c) and 42 of the Directive Principles of State Policy provided in Part-IV guides that India’s governance shall ensure gender equality in law and policy. Article 51A(e) imposes fundamental duty …

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Fundamental Rights and Duties

4th May – Fundamental Rights and Duties

Fundamental Rights and Duties To offset the increasing tendencies of indifference towards the business of the government amongst its citizens and to check fissiparous growth, the Constitution (Forty-Second) Amendment Act, 1976 introduced the concept of fundamental duties by adding Part IV-A, consisting of the sole Article 51A. Duties – Individual or public in character? The …

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Independence of Judiciary

25th April – Independence of Judiciary

Pre-retirement judgements and post-retirement jobs The Constitution has been conceived to provide a pride of place to the judiciary. Constitutional appointees to the Supreme Court have been guaranteed several rights in order to secure the independence of judiciary. Independence of judiciary – Chapter 4 of Part V of the Constitution deals with the Supreme Court, …

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Judicial Transparency

13th March – Judicial Transparency

Ruling against judicial transparency In its recent decision, in the Chief Information Commissioner v. High Court of Gujarat case, the Supreme Court, regrettably, barred citizens from securing access to court records under the Right to Information (RTI) Act. Instead, the court held that such records can be accessed only through the rules laid down by …

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Independence of tribunals

3rd March – Independence of Tribunals

Independence of Tribunals In November 2019, a Constitution Bench of the Supreme Court, in Rojer Mathew, declared the Tribunal, Appellate Tribunal and other Authorities (Qualification, Experience and other Conditions of Service of Members) Rules, 2017 as unconstitutional for being violative of principles of independency of the judiciary. The insertion of non-judicial members in such tribunals …

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