Right to Health, Constitutional Safeguards and Role of Judiciary

Fundamental right to health case laws Article 21

@CurrentLegalGK

For those who remove plagiarism using Quillbot to get their articles published: I used to do this often as well and ended up publishing some poorly written articles 🙂.

Preamble's Original Tenets Reflect Secular Ethos; Secularism Part Of Constitution's Basic Structure : Supreme Court
https://www.livelaw.in/top-stories/preambles-original-tenets-reflect-secular-ethos-secularism-part-of-constitutions-basic-structure-supreme-court-276224

🌟 Provisions relating to Secularism

The Court in its order observed that at the time of adoption of the Constitution in 1949, the term Secular was not objectively defined.
Yet, the original tenets as enshrined in the preamble of  "equality of status and opportunity; fraternity, ensuring individual dignity—read alongside justice - social, economic political, and liberty; of thought, expression, belief, faith, and worship, reflect this secular ethos."
  
The essence of Secularism can also be seen in the fundamental rights of the Constitution under Articles 14, 15 and 16 - "which prohibit discrimination against citizens on religious grounds while guaranteeing equal protection of laws and equal opportunity in public employment." 

Preamble other objectives other than secularism read together, Articles 14, 15, 16, 25, 26, 29, 30 and 44.

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What is secularism?

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Socialism Means Commitment To Be A Welfare State; 'Socialist' In Preamble Doesn't Mandate Any Specific Economic Policy : Supreme Court
https://www.livelaw.in/top-stories/socialism-means-commitment-to-be-a-welfare-state-socialist-in-preamble-doesnt-mandate-any-specific-economic-policy-supreme-court-276244

Meaning of socialism explained

In the Indian framework, socialism embodies the principle of economic and social justice, wherein the State ensures that no citizen is disadvantaged due to economic or social circumstances. The word 'socialism' reflects the goal of economic and social upliftment and does not restrict private entrepreneurship and the right to business and trade, a fundamental right under Article 19(1)(g)."

It does not mean particular economic ideology.

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iPleaders Blog - Judiciary as a ‘State’ under Article 12
https://blog.ipleaders.in/judiciary-state-article-12/

🌟 Subtantial Legal Translation material based on real case laws.

Indian law reports MP High court {English and Hindi}

https://mphc.gov.in/ilr/ilr_monthly_issue.php

Share with others 😊
@CurrentLegalGK

🥳 Happy Birthday, Constitution of India! 🎉
Technical Legal Age- 75 Years but Actual Age- The Age of Indian civilisation (spirit comes from here)

Born as a prodigy, you have faced many challenges, yet you emerged as the most comprehensive constitution in the world. On paper, you deserve a salute, but the real tribute lies in how we uphold the principles you embody in our hearts and minds.

As Dr. B.R. Ambedkar, the Chairman of the Drafting Committee, once said:

“…however good a Constitution may be, it is sure to turn out bad because those who are called to work it, happen to be a bad lot. However bad a Constitution may be, it may turn out to be good if those who are called to work it, happen to be a good lot.”

May we always strive to be the good lot, ensuring that our ideals live on.

Original Copy of Constitution —

Importance of Graphics in constituion—



#Quote_@CurrentLegalGK

Is Not The Magistrate A Prisoner Of Section 175 (3) Read With Section 173 (4) Of BNSS?
https://www.livelaw.in/articles/magistrate-power-to-order-investigation-section-156-crpc-vs-section-175-bnss-comparative-analysis-275948

Juristic Ethnology of
Kesavananda Case

Analysis of Jurisprudence behind kesavananda bharti

@CurrentLegalGK

🇮🇳 Happy Constitution Day!

📖 Today marks 75 years since the Constitution of India was adopted.

👨🏻‍⚖ To commemorate the day, we recall a historic conference in 1948. Federal and High Court judges from across the country gathered in Delhi to discuss issues concerning the judiciary in the work-in-progress Constitution: https://bit.ly/4eKIwkC

📜 We’ve also launched a special series to commemorate 75 years of the Supreme Court. The series has articles about the Court's history and essays that analyse its impact on public life.

📖 From the inaugural speech by the first Chief Justice of India H. J. Kani’s to an overview of India's death penalty jurisprudence, we have it all:
https://www.scobserver.in/75-years-of-the-supreme-court/

1. PN Bhagwati the sole dissenting judge in Bachhan singh case gave 2 para judgment and thereafter took 2 years to pen down the reasoning.

a. Errors of criminal justice system can take away innocents life as it is irrevocable
b. No goal of punishment mere revenge, no one can lredict whether that ceiminal cannot be reformed.
c. Entire process of being condemned to death, awaiting execution and the final act of execution involves intense mental and physical suffering, which cannot be constitutionally imposed. 


In its 262nd Report published in 2015, the Law Commission of India concluded that the death penalty neither acts as an effective deterrent nor is it justified as a form of retributive revenge.

Every judge has own notion of rarest of rare (sentencing principles again) in an interview of judges one said If I think it is rare I will show many reasons for it being rare.

@CurrentLegalGK

Complaint Case changes in BNSS

Object Behind 190
“The object (of Section 190 Cr.P.C.) is to ensure the safety of a citizen against the vagaries of the Police by giving him the right to approach the Magistrates 
directly if the Police does not take action or he has reason to believe that no such action will be taken by the Police.”

1. Earlier there were 2 ways of setting criminal law into motion by giving information by way of FIR to SHO or by complaint to magistrate.

2. Both were independent ways.

3. Magistrate in case of 'cognizable offence' could forward the complaint to SHO (instead of 202) w/o taking cognizance. R. R. Chari v. State of U.P. AIR 1951), 3 judge

4. Changes in BNSS
Now Directly a person cannot approach magistrate, he must first approach SHO 173(1) {FIR} ----> then if failed S.P. 173(4) ----> then if he fails go to magistrate.
[Person cannot straightaway seek from the Magistrate an order for investigation by the Police]

5. Magistrate then has to do the following before ordering investigation—
a. Peruse the application given to S.P. and supported by affidavit
b. Made an inquiry
c. Consider the submissions made by police officer.

🤔 Question Can now Magistrate on suo motu powers order the investigation?

✓ Not answered but earlier the law was—
Priyanka Srivastava v. State of U.P. AIR 2015
insisted on an affidavit by the party seeking from the Magistrate an order for police investigation. Even without any such affidavit the Magistrate could suo motu order police investigation under Section 156 (3) Cr.P.C.

However currently there is no clarity.

My Questions from you all.
1. Can magistrate order investigation under non cognizable offences in 156(3)/175(3)

2. Without going to Police station for cognizable offence can you approach magistrate?

3. How magistrate in practical scenerio does inquiry as mentioned above or an inquiry under section 202

📑 Homework—
Read 156 CrPC and 175 BNSS carefully and take out essentials of new law.

@CurrentLegalGK

Live TV coverage put national security in jeopardy, says Bench - The Hindu
https://www.thehindu.com/news/national/live-tv-coverage-put-national-security-in-jeopardy-says-bench/article3836676.ece

26/11

Media Trial - 19(1)(a) and security of state.

Media if considered as 4th estate of democracy has to be criticised proportionally as other organs because it is responsible for the dissemination of information for all the other 3 and overall country, the ultimate task being link between people to people and institutions.

Constructive criticism in Today's social media era is must to remind journalistic ethics.

Read the above article.

@CurrentLegalGK

CJI Sanjiv Khanna Stresses Importance Of Judiciary Being Open To Scrutiny & Constructive Feedback
https://www.livelaw.in/top-stories/cji-sanjiv-khanna-stresses-importance-of-judiciary-being-open-to-scrutiny-constructive-feedback-276407

“As judges, perspectives and critique matter, because our foremost duty is towards the public and secondly being open and transparent is the biggest strength of the judiciary. As adjudicators, we eschew any sense of being beyond reproach. In being responsive to constructive feedback, our courts become more efficient, citizens and public centric, and accountable. By opening ourselves to scrutiny, we can identify systematic inefficiencies and bottlenecks and work towards eliminating them”, CJI Khanna said.

Born Christian Can't Invoke Doctrine Of Caste Eclipse For Revival Of Caste Claiming Reconversion As Hindu : Supreme Court
https://www.livelaw.in/supreme-court/born-christian-cant-invoke-doctrine-of-caste-eclipse-for-revival-of-caste-claiming-reconversion-as-hindu-supreme-court-276508