Tag: constitution of india

Article

October 2, 2020
/ Leave a Comment on Abrogation of Article 370 – Notes

3 min
3 years
515 words

Tagged Article 370, constitution of india

Abrogation of Article 370 – Notes

1) Article 370 provides constitutional position to the State of Jammu and Kashmir. Due to its accession to the territory of India, it has been given such a special status from the very beginning. 2) […]

1) Article 370 provides constitutional position to the State of Jammu and Kashmir. Due to its accession to the territory of India, it has been given such a special status from the very beginning.

2) Under Article 370 ,the state was given the power to have its own constitution.

3) It was a temporary provision, when the ruler of J&K , Maharaja Hari Singh signed the instrument of accession where he only surrendered three subjects under the control of India i.e. External affairs, Defence and Communication.

4) The power of the Union of India was restricted, as regards to other states. The Union of India could not declare financial emergency or emergency in cases where the constitutional machinery fails in the State of J&K. The union could only declare emergency due to war or external aggression as it falls under the scope of defence.

5) The other constitutional powers of the Central Government which apply to other states do not apply in the State of Jammu and Kashmir, it could be extended only if the State Constituent Assembly separately passes such power.

6) Once the State Constituent Assembly finalized the scheme of powers and was dispersed, no further changes of powers was possible.

7) This Article could be abrogated or amended only when the State’s Constituent Assembly recommends so.

8) Home minister Amit Shah on 5th August, 2019 announced in Rajya Sabha about the order issued by the President of India removing all the restrictions on the State of J&K.

9) President issued notification rendering Article 370 inoperative and introduced Jammu and Kashmir Reorganization Bill,2019.

10) The government used the fact of J&K being under President’s Rule. Article 356 states that the president takes over administration of the state, and parliament performs the legislative functions of the state assembly.

11) Changes made after the abolition of Article 370 :

I. Separate constitution, flag or anthem of J&K abrogated.

II. Territory of Jammu and Kashmir converted to two separate union territories – Union Territory of Jammu and Kashmir and Union Territory of Ladakh.

III. These territories came into existence on 31st October,2019 – day celebrated as National Unity Day.

IV. President’s Rule is not applicable as Union Territory is controlled by the Central Government.

V. Right to Information Act is now applicable replacing the Freedom of Information Act, 2002.

VI. People from anywhere in India can buy the property and settle in the territory which was earlier prohibited by Article 35(A) which has been declared null and void.

VII. The Centre can declare financial emergency in the State.

VIII. Citizens of the territory now have the fundamental rights that were already enshrined in our constitution.

IX. Removal of dual citizenship, all the people of J&K would now have single citizenship.

X. Reservation of Minorities i.e. Hindus and Sikhs.

12) The abrogation of Article 370 would end nepotism and corruption, and would work towards the welfare of the people.

13) Local youth would have enough employment opportunities as both state and private companies would set up in the territory.

14) The territories have the potential to become great tourist destinations.

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Law

September 28, 2020
/ Leave a Comment on Article 18 : Abolition of Titles

3 min
3 years
464 words

Tagged constitution of india, Constitutional Law

Article 18 : Abolition of Titles

CAN INDIAN CITIZENS ACCEPT TITLE AND PRESENTS FROM FOREIGN POWERS? DOES CONTRAVENTION OF ARTICLE 18 CONFERS ANY LIABILITY? Article 18 of the Constitution of India provides the law relating to titles and presents which states […]

CAN INDIAN CITIZENS ACCEPT TITLE AND PRESENTS FROM FOREIGN POWERS? DOES CONTRAVENTION OF ARTICLE 18 CONFERS ANY LIABILITY?

Article 18 of the Constitution of India provides the law relating to titles and presents which states as :-

18. Abolition of titles :-

(1) No title, not being a military or academic distinction, shall be conferred by the State.

(2) No citizen of India shall accept any title from any foreign State.

(3) No person who is not a citizen of India shall, while he holds any office of profit or trust under the State, accept without the consent of the President any title from any foreign State.

(4) No person holding any office of profit or trust under the State shall, without the consent of the President, accept any present, emolument, or office of any kind from or under any foreign State.

A title is an application given to a person or family as a sign of privilege or distinction or profession as the title of Lord. It is something that hangs to one’s name as an addition. Article 18 prohibits only hereditary titles of nobility. The British government had created an aristocratic class known as Rai Bahadur and Khan Bahadur in India; these titles were also abolished. The recent conferment of Honours as Bharat Ratna, Padma Bhushan, Padma Vibhushan, etc. are not to be treated in the category of title, for these distinctions are not meant to be used as appendages before one’s name.

However the military and the academic distinction can be conferred on the citizens of India .The awards cannot be used by the recipient as a title and do not accordingly come with the constitutional prohibition.

In Balaji Raghavan v. Union of India , 1996 the validity of National Awards was challenged in the court under Article 18 on the ground of their inconsistency with that Article. The Supreme Court came to the conclusion that they did not conflict with Article 18 because they did not amount to titles within the meaning of this article. However, the Supreme Court added that they could not be added and suffixes and prefixes to the name of the awardee and if so added they could be forfeited.

Can Indian citizen accept Titles and Presents from Foreign Powers.

Any citizen of India can not accept the title from any foreign state, but it can accept the title only if the president gives his/her consent to accept it.

Contravention of Article 18

There is no penalty for the contravention of this Article for the infringement of the prohibition of titles. Article 18 is merely a directory. However, the parliament can make laws against those who accept these titles from the foreign state, but no such law has been passed by the parliament so far.

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Sarva Dharma Sambhava : A Unique Concept

Article

September 19, 2020
/ Leave a Comment on Sarva Dharma Sambhava : A Unique Concept

5 min
3 years
866 words

Tagged constitution of india, Constitutional Law

Sarva Dharma Sambhava : A Unique Concept

It is rightly said by Mahatma Gandhi that GOD HAS NO RELIGION. ‘Sarva Dharma Sambhava’ is a unique concept that is mentioned in our constitution which represents the secularism of India. This concept emerged after India got independence, with the influence of Gandhi Ji’s thought that was rooted in our culture and tradition.

The word ‘Sarva Dharma Sambhava’ in its literal sense means that all the Dharma’s i.e. principles of truths are equal to and harmonious with each other. ‘Dharma’ refers to principles and natural laws which are universally true. These are the principles that a person should follow as they are accepted by each and every religion along with its members. There is another Dharmic principle that plays an integral part of living i.e. ‘Karma’ tells that our actions have its consequences either in the present time or in the near future. Thus, Dharma and Karma go hand in hand.

Sarva Dharma Sambhava is termed as giving equal respect to all the religions because they are the only path to take us to God or some spiritual goal. Gandhi Ji believed that religion is a source that would integrate the nation together rather than dividing them as every religion asks its disciples to respect the other religions and to practice non-violence. It is believed that every person has the right to practice any religion they want to choose and identify themselves to be belonging to that particular religion and worshiping a particular god as all are the same. All religions are equally valid ways for knowing the God or the truth thus, our constitution provides provisions of freedom to practice and propagate religion subject to public order, morality and health in Article 25 of the Indian Constitution.

It means that all the people have the freedom to practice their religion , and the state would not discriminate among the citizens on the grounds of religion. Which also means that every person has the equal responsibility to respect other religions equally. This non-discrimination by state and equal respect for all religions by citizens collectively, came to be known as SARVA DHARMA SMABHAVA. Although the right to freedom of religion has been guaranteed by our constitution, but at the same time we as the citizens of India have the duty to practice this right in a civilized manner , for the development and betterment of the society. We are the only civilisation of the world who appreciates different faiths and sentiments, and that difference in faith does not mean that we as humans are different. It simply means that the medium to connect to god is different, and nothing else.

The concept of secularism was given in detail by the Supreme Court in the case of S.R Bommai v. Union of India where it mentioned that secularism does not means an atheist society but it means a heterogeneous society which provides equal status to all religions without discriminating any particular religion. In western countries the idea of secularism means to keep the state separate from religion, while the Indian philosopher’s thought states secularism in India by treating all the religion equally.

The idea of Sarva Dharma Sambhava was a religious one, which clearly means to treat every religion equally, but this idea has now turned primarily as a political concern in India. In order to create social harmony we need to honour all the religions as equal, so that no religious differences give fuel to social conflicts. But, unfortunately the religious conflicts have not disappeared. This is because, just by pretending that all the religions are the same going in accordance with the principles, can not remove the real difference and misunderstandings amongst them. In a country like India religious beliefs should be a personal matter, and no government should enforce any kind of religious beliefs or dogmas. There needs to be political tolerance for all the religious views as long as they do not indulge in violent or anti-national activities.

In view of the present scenario it is very difficult to treat all the religions with the same emotions and zeal, irrespective of the fact that the disciple or follower belongs to which religion. Although the term Sarva Dharma Sambhava gives the idea of mankind and humanity, it teaches to respect the creatures of God and be one to all.

The religious groups in India vehemently oppose each other on certain aspects like Hinduism allows the use of images in religious worships but in Islam’s they don’t accept this kind of worship . What is accepted in one community may be unacceptable or considered as a taboo for another community. It’s time for bringing harmony by following Dharma and not making people respect other religious beliefs or dogmas. One must follow Dharma in such a way that our Karma(actions) do not harm the other person or the society by following the principles of truth and harmony. It should also be noted that what is dharma today may not be dharma tomorrow, so the meaning of Dharma must be changed according to the time and society.

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