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20 April 2018
The hadiya caution
Habeas corpus has its origins in British common law. It is meant to release rightful citizens from illegal restraint. Constitution provides Protection to Individual autonomy to intimate decisions that person might make, relate to speech, sex, Marriage, procreation or religion. State that includes Judiciary can not interfere in these matters.
A judge has to protect himself from various notions of paternalism and resist from introducing their own set of restrictions on liberty.
In Hadiya case, Judiciary appears to have propelled away from constitutionality and moved towards self perceived morality.
BCCI functions are near monopolistic in nature and it represents country in the sport of cricket. so, law commission recommendation that BCCI need to be regarded as any other National sports federation and be brought under RTI is expected to enhance its credibility. It can be seen as a continuation to the reforms introduced in sports body as per Justice RM Lodha recommendation.
Marginalised from School
Right to education act implementation is in dismal state. Many of the states did not notify per child cost to contribute to private schools as per section 12(1) © . This section is intended to provide quality education to children from marginalised sections in private schools. 25% of seats in private schools need to be reserved for them. As states did not notify them not even 1/4 of seats are not been put in to utilisation.
Another issue is no payment of dues to private schools by the state governments. State governments in turn complain lack of contribution from centre. This tangle needs to be solved to make law effective.
Should military spending be increased?
- India shall work for efficiency and effective utilisation of resources. It shall be built around national security strategy.
- Indian armed forces expenditures suffers from incrementalism. There is no proper allocations on force multipliers.
- Indian military expenditure suffers from fossilised mindset, set with undue delays, Bureaucratic procedures.they need to be streamlined.
- Military also need to take a relook in to its organisational redesign. He focus shall shift from quantity to quality and capability.
Reviewing of contempt of courts act, 1971
Contempt of court can be issued by a court for scandalising the court and for wilful disobedience to its order/directions/Judgements. Art 142(2) enables the supreme court to investigate and punish any person for its contempt.
Contempt of courts act, 1971 is one of the most powerful statutes in the country that provides necessary procedure in contempt cases. It contains adequate safeguards to exclude instances which may not account to criminal contempt.
No foul play in Judge Loya’s death, says supreme court
Supreme Court of India has stated that there is no foul play in Justice Loya’s death and alleged that petitioners contained scurrilous allegations to bring Judiciary to disrepute.
Added to this supreme court also has alleged that PIL has become an instrument to settle political and business rivalries.
Sustainable growth should be a goal.
Prime Minister Modi at common wealth heads of nation meeting promised India’s commitment to double its contribution to small island nations.
India sees common wealth as a forum to reach out small countries that make up around 60% of common wealth members. In these countries India has no diplomatic presence. India need their crucial votes in UN or other multilateral contests.
India also views common wealth as a counter point to china and its expanding influence in South Asia and the Indian ocean region.