Parliamentary Privileges: Essential for an Empowered Legislature or Abuse of Power?

The term privilege can be defined as an exemption, special right, advantage or immunity to a particular person or group of persons in a layperson’s terms. In law, privilege is an advantage enjoyed by a person or an association where people are exempted from some duty, burden, attendance or liability. Parliamentary Privileges are certain rights and immunity enjoyed by the members of the parliament and legislative assemblies individually and collectively, till the time they retain their position as a member of the legislature. These privileges are defined under Article 105 of the Indian Constitution and due to these privileges, members are exempted from any civil or criminal liability for any statement made or act performed by them in their course of tenure. These privileges are called off as soon as the members complete their tenure in the legislative body (Houses of Parliament at the Centre & Legislative Assemblies in the States). (more…)

UAPA Bill 2019

UAPA Bill, 2019 : Towards a terror free country or a flawed path?

By Tanu Singh, Ramjas College, New Delhi.

Union Home Minister Amit Shah put forward a Bill on 9 July 2019, proposing amendments in the Unlawful Activities (Prevention) Act (UAPA), 1967. On 24 July the Bill was passed in the Lok Sabha. The Rajya Sabha cleared the Bill with 147 voting in favour and 42 against. UAPA, implemented in 1967, is an Act ‘to provide for the more effective prevention of certain unlawful activities of individuals and associations and for matters connected therewith’. It assigns absolute power to the Central Government, by way of which, if the Centre deems an activity as unlawful then it may, by way of an Official Gazette, declare it so. (more…)

From Swaraj to “Poorna” Swaraj: Celebrating Gandhi

By Rabia Mohamed Ismail Abdul Rahim, NUALS, Kochi.

“You must be the change you wish to see in the world.”

It was on the 6th of July, 1944, that Mohandas Karamchand Gandhi, also known as “Mahatma” Gandhi was addressed as the “Father of the Nation” for the first time. Subhash Chandra Bose was the first to vest this title on Gandhi on a radio address. And for all the right reasons, the public wholeheartedly accepted this title for their knight in khadi attire. (more…)

Child Rights in India: The Ground Reality

By Gautam Adusumalli, Shaheed Bhagat Singh College, Delhi University.

Did you know that children constitute over a third of India’s 1.2 billion population, and that India has the largest population of children in the world? In fact, over 17% of the world’s children live in India, which means that every sixth child in the world today refers to India as ‘home’. According to the 2011 Census, India holds a population of about 430 million children between the age group of 0-18, of which about 160 million are below the age of six years, and about 270 million are between six to eighteen years of age. Not just this, an estimated 26 million children are born in India each year, according to the Ministry of Statistics and Programme Implementation. Keeping in mind all of these facts and figures, one might be led to believe that India would probably have a very strong and a bullet-proof framework when it comes to children and their rights. Sadly, that is not the case. (more…)

Animals Win ‘Fundamental Right’ Not To Be Captive

By Surbhi Agrawal, University of Petroleum and Energy Studies, Dehradun.

All beings fear before danger, life is dear to all. When a man considers this, he does not kill or cause to kill.”

Part III of the Constitution of India, 1950 deals with Fundamental Rights which is referred to as the Magna Carta of India. The Magna Carta, the first written document relating to the Fundamental Rights of Citizens, is the evidence of its success. The aim of having an assertion of Fundamental Rights is that certain elementary rights such as, Right to Life, Liberty, Freedom of Speech, and Freedom of Faith and so on, should be regarded as inviolable under all conditions and that the shifting majority in legislature of the country should not have a free hand in interfering with these Rights.1 (more…)

Freedom of Speech v. Freedom after Speech

By Sneha Baul, CLC, Faculty of Law, Delhi University.

The Part III of the Constitution of India enumerates the Fundamental Rights. Freedom of speech and expression comes under “Right to particular freedom”. The rationale of its validity is that the fundamental rights are basic structure of the Constitution. Any law that abrogates or abridges such rights would be violative of the doctrine of basic structure.[1] Article 19(1)(a) says that all the citizens shall have the right to freedom of speech and expression. (more…)

Slumber: It’s my Right!

By Prerna Tara, University of Petroleum and Energy Studies, Dehradun.

Sleep is a natural and key fixing of the fundamental necessities of life. On the off chance that rest is irritated, the psyche gets muddled and it disturbs the well-being cycle. Sleep, in this manner, is a self-reviving component of our life cycle and is, consequently, part and halfway of human life. The condition of dozing is accepted by a person when he is in a safe climate. It is consequently that this characteristic framework has been inbuilt by our maker to give unwinding to a person. Sleeping structures a crucial element for solid human presence and prosperity. (more…)

The Quota System: Is it abiding by the Ideals of Equality?

By Prerna Tara, University of Petroleum and Energy Studies, Dehradun.

India is the main vote based system on the planet that made unequivocal protected also legitimate procurements for compensatory separation, famously known as reservations, for the progression of the truly discouraged and socially retrogressive areas of the general public. It has been striving to strike a harmony between its dedication to a larger origination of equity as far as essential opportunities and the objectives of compensatory segregation for pointed out ranks and groups. For the individuals who imagined that these two goals are contradictory, India demonstrated that such a course is not just plausible, however likewise something that fortifies the popularity based procedure itself. Over a long time, it has advanced a perplexing and extensive plan of reservations. (more…)

Phone Tapping Laws: A Critical Analysis

By Trishala Sanyal, A.K.K. New Law Academy, Pune.

Nira Radia, a famous political lobbyist was entrapped in the net of phone tapping by the Indian income tax department between the years 2008 to 2009. Her tapes included conversations with elite businessmen, journalists, politicians and many more famous figures of the society. In 2010 some parts of the recorded tapes were leaked which resulted in the unauthorized publication of these tapes. Ratan Tata, Chairman of the Tata Group was among one of those elites whose conversation was also included. Thus, after the tape was leaked he filed a writ petition in the Supreme Court standing for his right and claiming for an infringement against the violation of the right of privacy. It is the Fundamental Right which has been guaranteed to the every citizen of India. Section 21 of the Indian Constitution states, “No person shall be deprived of his life or personal liberty except according to procedure established by law.”[1] Now the dubious situation arising here is there is no particular procedure which has been established for the tapping of phone. Although, there is no particular Act governing the crimes and offences related to phone tapping yet the regulations have been laid down in a very discreet manner in various national and international Acts. (more…)