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Home>>Supreme Court

Tag: Supreme Court

ArticlesElectionsFinanceIndiaLaw

Electoral Bond Controversy: What It Means For 2024 Lok Sabha Elections, And Supreme Court’s Role In It

Snehashish RoyMarch 12, 20240

The 2024 Lok Sabha elections in India are poised to witness significant repercussions following the State Bank of India’s (SBI) recent involvement in the electoral bond controversy. The electoral bonds scheme, which allowed political parties to receive anonymous donations, was declared unconstitutional by the Supreme Court on February 15, 2024. The court ordered the SBI to provide details of all electoral bond contributions received by political parties from the scheme’s inception in 2019 up to the present date by March 6, 2024. This verdict has far-reaching implications for political funding transparency and accountability. The SBI has sought an extension until June 30, 2024, to disclose donor details associated with electoral bonds. The bank cites logistical challenges and prac...

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ArticleIndiaLawPolitics

Can MPs, MLAs Take Bribes For Votes? What Law Says, How Supreme Court Sees It

Snehashish RoyMarch 4, 20240

On March 4, 2024, a seven-judge Constitution Bench of the Supreme Court overruled the majority judgment in the Jharkhand Mukti Morcha (JMM) bribery case, which had held that members of the legislature enjoy immunity from being charged with bribery in relation to the way they vote or speak in the House. The bench was led by Chief Justice of India D.Y. Chandrachud and the details of the judgment are still awaited. To understand this landmark case, it is essential to delve into Article 194(2) and Article 105(2) of the Constitution, which provide identical protections to members of Parliament and the Legislature of a State. These articles state that no member of the legislature shall be liable to any proceedings in any court in respect of anything said or any vote given by him in ...

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ArticleEnvironmentFeaturesIndiaLaw

What Is A Forest?: How Govt Defines It, What Supreme Court Suggests

Snehashish RoyFebruary 21, 20240

The Supreme Court of India has issued a directive to the government, instructing it to follow the broad and all-encompassing definition of forest as laid down in its 1996 judgment in the T N Godavarman case. This directive will remain in effect until a consolidated record of all types of forests across the country has been prepared. The directive was issued by a three-judge bench, led by Chief Justice of India (CJI) D Y Chandrachud, on Monday, February 19, in response to petitions challenging the 2023 amendments to the Forest (Conservation) Act, 1980 (FCA). These amendments were being challenged on the grounds that they had substantially diluted the definition of forest and reduced the scope of the FCA. The government had passed the Forest (Conservation) Amendment Bill, 2023, in ...

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ArticleElectionsIndiaLaw

Is Electoral Bond Scheme Unconstitutional? What Supreme Court Has To Say

Snehashish RoyFebruary 15, 20240

On February 15, a five-judge bench of the Supreme Court declared the electoral bonds scheme unconstitutional. The scheme allowed individuals and corporations to donate money to political parties anonymously by purchasing electoral bonds from the State Bank of India (SBI). The SBI had sole access to the details of those who purchased electoral bonds, and any unencashed bonds were to be deposited in the Prime Minister Relief Fund. The scheme was introduced in 2017 by then Finance Minister Arun Jaitley as a solution to the issue of opacity in political parties’ funding. However, it was challenged in court by the Communist Party of India (Marxist), and NGOs Common Cause and ADR. The court raised several issues in its verdict. Firstly, it held that the electoral bond scheme violated t...

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India’s Wake-Up Call: Alarming Surge In Crimes Against Women Demands Urgent Action

Sayani ChakrabortyNovember 4, 20230

The safety of women in India is a significant problem for the country, which is known for its rich cultural history and quickly developing economy. There has been a worrisome increase in crimes against women, according to the most recent data from the National Crime Records Bureau (NCRB). There were an astounding 4,28,278 reports of this type of crime in 2021 or almost 113 per day. Compared to the 3,71,503 instances reported in 2020, this is a substantial rise. Typical Offenses According to the NCRB's research, the number of crimes committed in India against women will increase by 8 percent in 2021. A worrying 64.5 out of every lakh Indian women were victims of crime in 2021, a rise from the previous year's incidence of 56.5 per lakh population. Most crimes committed against w...

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Supreme Court Slams Governments For Rendering RTI Act As ‘Dead Letter Law’; Why? Let’s Find Out!

Sayani ChakrabortyNovember 3, 20230

The Supreme Court made a scathing statement saying that governments had rendered the Right to Information Act "a dead letter law" by failing to fill vacancies in information commissioners. This underscores the grimness of the data offered by the petitioners in the case. Examples include Telangana, which has not had a SIC since February 2023; Tripura, which has not had a SIC since July 2021, and Jharkhand, which has not had a SIC since May 2020; and the Central Information Commission (CIC), where 7 of the 11 information commissioner posts are vacant and the body will become defunct if replacements for the four incumbent commissioners due to retire in November are not put in place in time. Judgement and first Appearance It's worth noting that this is not the case's first appearance ...

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NeuroStrike: Unleashing Warfare On Mind, Urgent Defenses Needed

Sayani ChakrabortyOctober 11, 20230

There has been a sinister shift in the nature of battle as technology has progressed. Experts have coined the term "NeuroStrike" to describe a weapon created to exploit the human mind, which is one of the most concerning advances in conventional warfare. Urgent preventative actions are needed across the board in response to the introduction of NeuroStrike to safeguard not just national security but also the moral components of contemporary combat. Learning about NeuroStrike The term "NeuroStrike" is shorthand for any military operation in which neurotechnology is employed to affect, disrupt, or manipulate the human brain and cognitive processes. It includes several methods, such as brain-computer interface development and neurological hacking. The goal of NeuroStrike is to influence ...

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Navigating Terrorism and Triumphs: A Decade of Challenges and Successes in India’s Counterterrorism Efforts

Sayani ChakrabortyOctober 11, 20230

Under Prime Minister Narendra Modi, counterterrorism efforts have been intricate and multidimensional. On the one hand, much has been accomplished regarding foiling terrorist schemes and eliminating terrorists. However, the decade has also had its fair share of high-profile terror acts, leading to a critical evaluation of counterterrorism efforts. Successes in the Fight Against Terrorism The government of Prime Minister Modi has been aggressive in its pursuit of terrorist organizations. In 2016, in response to a terrorist attack on an Indian military installation, the Indian Army carried out surgical strikes targeting terrorist launch pads in Pakistan-occupied Kashmir. This bold move demonstrated India's dedication to fighting terrorism. Security infrastructure and systems for exchan...

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Pioneers Of 2024: Decoding The Dynamics Of ‘Semi-Final’ State Polls Before General Elections

Sayani ChakrabortyOctober 11, 20230

The political climate in India is dynamic as the country prepares for another round of state assembly elections. These elections in 679 districts in the states of Rajasthan, Madhya Pradesh, Chhattisgarh, Telangana, and Mizoram are very consequential. These elections are highly anticipated since they are the penultimate set of state assembly elections before the next federal elections and because the BJP and Congress directly compete in three of these states. Even while voters in various states have proven in the past to make different choices in assembly and Lok Sabha elections, there are underlying themes that might have long-lasting effects on the national stage. The Role of Surveys and the Caste System In recent assembly elections, caste is an important consideration. The Congress...

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Balancing Act VS Minority Appeasement: How Mamata Banerjee Steered Politics In Bengal?

Sayani ChakrabortyOctober 11, 20230

West Bengal's Chief Minister Mamata Banerjee has been a significant player in Indian politics for decades. Her almost a decade-long term in office has been met with praise and criticism. Her treatment of the state's minority populations has been a frequent topic of criticism in political debate. Mamata Banerjee's leadership has been accused of appeasement by her detractors, while her defenders maintain that she is just promoting communal unity and safeguarding the rights of all residents. Appeasement of the minority Mamata Banerjee is hardly the only Indian politician to face charges of attempting to "appease" a minority group. Many think she has been too accommodating to minorities, especially Muslims, to win their votes. Some of the most critical claims involve selective aid system...

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BJP’s Challenges And Potential Threats To Their Hold On Power In 2024

Sayani ChakrabortyOctober 6, 20230

The Bharatiya Janata Party (BJP) has ruled India's government since 2014. But it has a number of obstacles that might undermine its power in the upcoming 2024 elections. As the political climate in India shifts, it's worth looking at the factors that indicate the BJP might have a tough time winning the next election. Recession and Joblessness in the Economy Slowing growth rates and the COVID-19 outbreak have both been drags on India's economy. In addition, an important metric, the unemployment rate, has been a source of worry. According to the National Sample Survey Office (NSSO), India's jobless rate hit a 45-year high in 2020. Anger in the Farming Community Discontent in rural regions, which are key political battlegrounds, has expanded as a result of the BJP's handling of the ag...

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India’s Healthcare System: Navigating Challenges And Seeking Reform

Sayani ChakrabortyOctober 4, 20230

Accessibility and cost are two of the biggest problems plaguing India's healthcare system. The COVID-19 pandemic highlighted weaknesses, highlighting the critical need for change. As a result of the epidemic, gaps in medical resources and hospital capacity were apparent. In spite of the fortitude shown by healthcare personnel, the crisis highlighted the need for a more robust infrastructure. Over 400,000 new cases were recorded per day in India during the peak of COVID-19 in April 2021, saturating healthcare facilities and drawing attention to critical infrastructural deficiencies. Rural communities sometimes lack access to and/or quality of healthcare, exacerbating existing inequalities. Ayushman Bharat and similar government programmes try to solve this problem but require effe...

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