Constitutional Law

Outrage by Justice Chelameswar is misplaced!

by K.V.Dhananjay on in Constitutional Law
You might have heard a great deal in the media about the outrage expressed by Supreme Court Justice Chelameswar. His outrage was expressed in his letter to his colleagues –the judges of the Supreme Court. Now, what is this outrage about? Well, let us start with the appointment of judges to the High ...
The following is a text of my representation sent to the Hon’ble Prime Minister of India and to every member of the Parliament of India (790 members). The Central Government should act now to weed out corruption within a section of our higher judiciary. And, the Parliament should act urgently and br...
THE BIOMETRIC BIG BROTHER “AADHAAR” AND THE CONTROVERSY TODAY “Study after study has shown that human behavior changes when we know we’re being watched. Under observation, we act less free, which means we effectively *are* less free.” ― Edward Snowden ABSTRACT The instant article contains a brief de...
Recently, the central government launched the Pradhan Mantri Sahaj Bijli Har Ghar Yojana (or Saubhagya). [i] , [ii] The scheme seeks to ensure universal household electrification (in both rural and urban areas) by providing last mile connectivity. The scheme is expected to cover three crore househol...

Modernisation of Police Forces

by PRS Legislative Research on in Constitutional Law
In India, police and law and order come under the purview of state governments. [1] Accordingly, each state has its own police force for maintaining law and order and investigating crimes. However, due to financial and other constraints, states have critical gaps in their policing infrastructure.2 F...

Rethinking the No Detention Policy

by PRS Legislative Research on in Constitutional Law
In India, children in the age group of 6-14 years have the right to free and compulsory elementary education in a neighbourhood school under the Right of Children to Free and Compulsory Education (RTE) Act, 2009. This covers primary (classes 1-5) and upper primary (classes 6-8) levels, which collect...
In the recent past, there has been a renewed discussion around nutrition in India. A few months ago, the Ministry of Health and Family Welfare had released the National Health Policy, 2017. [1] It highlighted the negative impact of malnutrition on the population’s productivity, and its contribution ...

Safety in Indian Railways

by PRS Legislative Research on in Constitutional Law
Safety has been one of the biggest concerns in the Indian Railways system. While the number of accidents have gone down over the last few years, the number still remains over 100 accidents a year. In light of the recent train accidents in Uttar Pradesh (UP), we present some details around accidents ...
In a nutshell : Nearly five years ago, a petition was filed in the Supreme Court. It questioned the constitutionality and legality of the Aaadhaar scheme of the Central Government. Today, that case is still undecided. Two weeks ago, a 9 judge bench of the Supreme Court heard argument and reserved ju...
The elections for the next Vice-President of India are underway today. The current Vice President Dr. Hamid Ansari will complete his second five-year term on August 10, which is in a few days. While the BJP-led NDA’s candidate is Mr. Venkaiah Naidu, Dr. Gopalkrishna Gandhi is the joint candidate fro...

Financing urban development

by PRS Legislative Research on in Constitutional Law
India’s urban population has grown by 32% from 2001 to 2011 as compared to 18% growth in total population of the country. [1] As per Census 2011, 31% of the country’s population (377 million people) live in cities, and contribute to 63% of the country’s GDP. [2] The urban population is projected to ...
Yesterday, the BJP announced its candidate for the upcoming election of the President, which is scheduled to be held on July 17. In light of this, we take a look at the manner in which the election to the office of the President is conducted, given his role and relevance in the Constitutional framew...
Yesterday, the Supreme Court delivered its first verdict in a series of legal challenges that have been made against the Aadhaar project. [1] In the present matter, the court was examining whether a provision of the Finance Act, 2017 that made Aadhaar mandatory for filing of income tax returns and a...

The financial health of Air India

by PRS Legislative Research on in Constitutional Law
Recently there have been news reports about the NITI Aayog submitting its recommendations on improving the financial health of Air India to the Ministry of Finance. [1] , [2] The Civil Aviation Ministers have also mentioned that the Ministry will soon propose a roadmap for the rejuvenation of the na...

GST rates and anti-profiteering

by PRS Legislative Research on in Constitutional Law
Over the last two months, the centre and over 15 states have passed laws to levy the Goods and Services Tax (GST). Under these laws, tax rates recommended by the GST Council will be notified by the government. The Council met in Srinagar last week to approve rates for various items. Following this d...

Non-tax proposals in the Finance Bill, 2017

by PRS Legislative Research on in Constitutional Law
The Finance Bill, 2017 is being discussed in Lok Sabha today. Generally, the Finance Bill is passed as a Money Bill since it gives effect to tax changes proposed in the Union Budget. A Money Bill is defined in Article 110 of the Constitution as one which only contains provisions related to taxation,...
The Finance Bill, 2017 was introduced in Lok Sabha on February 1, 2017. Amendments to the Finance Bill have been circulated. Key changes proposed under the amendments are summarised below: ( Download PDF version here ) • Aadhaar mandatory for PAN and Income Tax : It has been mandatory for every pers...

When patriotism turns pretentious, I wonder who benefits.

by Anusha on in Constitutional Law
The judgment of the Supreme Court in Shyam Narayan Chouksey vs. UOI (Writ Petition(s) (Civil) No(s). 855/2016) lays down several directions regarding behavioral conduct around the national Anthem. The direction that has caught maximum attention is that “all cinema halls shall play the National Anthe...
The Specified Bank Notes (Cessation of Liabilities) Bill, 2017 is being discussed in Parliament today. [1] The Bill replaces an Ordinance promulgated on December 30, 2016 to remove the Reserve Bank of India’s (RBI) liability and central government’s guarantee to honour the old Rs 500 and Rs 1,000 no...
Budget Session 2017 commenced with the President, Pranab Mukherjee, addressing a joint sitting of Parliament on January 31, 2017. This address by the President highlights the legislative and policy activities and achievements of the government in the previous year. In addition, it gives a broad indi...