The Constitution empowers both the legislature and the judiciary to have regulating powers over the personal laws, to bring them up to speed with the times. While it is with great dexterity that such powers should be exercised, it is still a better option than wiping out their existence and imposing a Uniform Civil Code, which comes too close to violation of Article 25, for comfort.
The bench of Justices AK Sikri and Ashok Bhushan stressed the importance of ‘direct participation in public affairs where individuals and groups are able to express dissent and grievances, expose the flaws in governance and demand accountability’, especially in the Indian context to aid ‘the assertion of the rights of the marginalised and poorly represented minorities’.
Israel on July 19, 2018 adopted its Basic Law on Nationality. A salient feature of this law is that it declares Israel as the home of the Jewish people and states that the right to self determination vests exclusively with the Jewish people. In practice what this would mean is that in the event of a one state solution, the one state will have a Jewish character.
The proposed amendment in the RTI Act, 2005 takes away the independence of Information Commissions that have been conferred with the adjudicatory power to decide the appeals and complaints arise out of violation of the RTI Act and denial of the information, whatever may be the case.
The SMCH can reasonably be construed to be a surveillance mechanism encompassing the entire digital space, laying the groundwork for an information system where it only flows from a Statist source, with all dissenters silenced into fear of State sanction.
The model scheme drafted by the National Legal Services Authority — with the aid of other committee members like Senior Advocate Indira Jaising and ASG Pinky Anand — is a milestone in the development of Victimology as well as Victim Compensation Jurisprudence, especially for women in India.
The J&K bureaucrat’s resolve to not back down has initiated discourse regarding the Government gagging its employees via draconian laws, the importance of Fundamental Rights, and why Rules such as those in question need to be struck down as they deprive individuals of their civil liberties.