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My notes 20-10-2015

Constitutions will upheld

  • Indian democracy is built on the bedrock of separation of powers and constitutional supremacy.
  • The power of judicial review has to ensure supremacy of the constitution. The institutional arrangement provides for the legislature reflect the will of the people and judiciary will of the constitution. As reflected in the decisions of an independent judiciary.
  • So, when will of the people and will of the constitution come in conflict with each other, judges need to be guided by the will of the constitution.so, judicial independence shall be the core of rule of law. (Exercise of the judicial function cannot depend on the will of the representatives of the people)
  • Judicial appointment s are central to the issue of judicial independence. Executive in India is the biggest litigant before the courts and many actions of the political executive are brought before the superior judiciary in the country. In this context, involve of the executive can compromise the judicial independence. So, in the second judge’s case, Supreme Court upheld the primacy of judiciary in the appointment of judges. So, existence of two eminent persons, law minister, and veto in case of disagreement by any two people go against the primacy of judiciary in appointments.
  • As a conclusion, democratic values are strengthened not only by strong legislature but also by a strong judiciary so that together a mutually respectful and independent partnership on the public right to justice is maintained.

 

Statement - In the 21st century, a government that can not protect citizens right to privacy cannot credibly,maintain a democratic regime of equal treatment under the law.

 

  • Post war 2 scenario, many of the European countries that experienced totalitarian regimes transformed in to democratic regimes by recognizing the infallibility of the personal space.
  • Freedom of opinion, religion, choices, decisions  to vote etc shall be free from social pressures and right to privacy is vital for enjoying these freedoms.  Aadhar is going to strike at this very right.
  • Govts argument that, poor shall pay their privacy as a cost to gain access to welfare benefits is against to the principle of equality. In India, constitution recognises the rights equally for all the citizens and not based on economic criteria.
  • So, the need of the hour is a fine balance between the needs of good governance through use of Aadhar and protection of citizen’s right to privacy. Here, stringent rules concerning access to and security of the data can protect their privacy.

Doctrine of unconstitutional conditions -

a doctrine in constitutional law that bars a government from imposing a condition on the grant of a benefit requiring the waiver of a constitutional right .

 

Education policy

  • New education policy has to make Indian education system competitive by increasing the quality of higher education. To achieve this, not just the reform but a revolution is necessary. Rashtriya uchchatar siksha abhiyan aimed to improve the Gross Enrollment Ratio instead of developing innovative thoughts, it is sufficiently bureaucratized.
  • The issue of bringing in internationalization of education will also get sidestepped, if policy do not give due importance to the foreign universities.

 

 

 

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