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Introduction

The 42nd Constitutional Amendment Act, 1976, also known as the “Mini Constitution,” introduced several significant changes to the Indian Constitution. These changes impacted various aspects of governance, judiciary, federalism, and individual duties, marking a transformative period in India’s constitutional history.

Changes in the Preamble

The Preamble was amended to include the terms “socialist” and “secular,” reflecting a broader vision of India’s values. Additionally, the phrase “unity of the nation” was changed to “unity and integrity of the nation,” emphasizing the importance of national integration. These changes highlighted India’s commitment to social and secular values (Source: Indian Constitution).

Changes in the 7th Schedule

The 42nd Amendment moved several subjects, including “Education” and “Forests,” from the State List to the Concurrent List. This change increased central authority but led to tensions between the central and state governments over legislative matters (Source: Indian Constitution).

Insertion of Fundamental Duties

Article 51A was added, listing ten Fundamental Duties for citizens, reinforcing the idea that rights come with corresponding responsibilities (Source: Indian Constitution).

Judiciary and Fundamental Rights

The Amendment curtailed the power of judicial review, limiting the role of courts in scrutinizing constitutional amendments and strengthening the central government’s authority (Source: Indian Constitution).

Directive Principles of State Policy (DPSPs)

Three new DPSPs were added, enhancing state responsibility towards workers, legal aid, and environmental protection. Additionally, Article 31C gave primacy to DPSPs over Fundamental Rights (Source: Indian Constitution).

Conclusion

The 42nd Amendment Act brought about extensive constitutional reforms, significantly altering India’s political and legal framework, with lasting implications on the balance of power between the central government and states.

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Composition of the Competition Commission of India (CCI)

The Competition Commission of India (CCI) is composed of one Chairman and up to six other members, all appointed by the Central Government. The eligibility criteria for these members include a minimum of 15 years of experience in fields such as international trade, economics, business, law, finance, and competition law, among others. The Chairman and members are expected to be individuals of ability, integrity, and standing, with specialized knowledge in their respective fields.

Role of CCI in Promoting Fair Competition

The CCI plays a pivotal role in ensuring fair competition in India’s markets through various functions:

1. Investigation of Anti-Competitive Practices: The CCI investigates anti-trust practices, such as cartels, bid-rigging, and abuse of dominant positions, ensuring a level playing field across industries.
2. Penalties and Enforcement: The CCI can issue cease and desist orders, as well as impose penalties for violations of the Competition Act, 2002, to deter anti-competitive behavior.
3. Promoting Consumer Welfare: The CCI ensures that competition benefits consumers, preventing monopolistic practices that harm consumer interests.
4. Approval of Mergers and Acquisitions: The CCI evaluates mergers and acquisitions for potential anti-competitive effects and grants approvals accordingly.
5. Awareness and Advocacy: The CCI organizes seminars, workshops, and publications to increase awareness of competition laws and enhance compliance.

Through these measures, the CCI contributes to a fair and conducive business environment, fostering competition and consumer protection. The recommendations of the 2019 Competition Law Review Committee and the Competition (Amendment) Bill, 2022, further aim to improve the Commission’s effectiveness (Source: Competition Commission of India Act, 2002; CCI Reports).

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Powers of Governors and Limitations on Their Authority

The Governor in Indian states holds significant powers under Articles 153 to 167 of the Indian Constitution, but these powers are not without limitations. The office is essential for maintaining the link between the Union and state governments, acting in an executive, legislative, judicial, and discretionary capacity.

Executive Powers

• Governors have the authority to oversee all executive actions of the state government, including appointments such as the Chief Minister and other key officials.
• Source: Articles 153-157 of the Constitution.

Legislative Powers

• The Governor ensures the State Budget is presented in the legislature and can promulgate Ordinances during emergencies. They also have the power to recommend Money Bills and grants.
• Source: Article 200 and Article 213.

Judicial Powers

• Governors hold powers to grant pardons and consult the President on High Court appointments.
• Source: Article 161 of the Constitution.

Discretionary Powers

• Governors can act in situations like recommending President’s Rule (Article 356) or appointing a Chief Minister in case of a fractured mandate.
• Source: Articles 163 and 356.

Limitations on the Powers of the Governor

While the powers of the Governor are broad, they are restricted by various provisions and judicial rulings.

Limits on Executive and Discretionary Powers

• Article 154(2)(a) prohibits the Governor from exercising powers that belong to other authorities by law.
• Source: Article 154 of the Constitution.

Governor’s Relationship with the Council of Ministers

• According to Article 163, the Governor must act on the advice of the Council of Ministers headed by the Chief Minister, limiting their discretionary power.
• Source: Article 163.

Judicial Restrictions

• The S. R. Bommai case (1994) ruled that the Governor cannot dismiss a state government without a floor test, and must not act solely based on their subjective judgment regarding the majority.
• Source: S. R. Bommai v. Union of India (1994).

Ordinance Powers

• In D.C. Wadhwa case (1986), the court restricted the Governor’s power to re-promulgate ordinances indefinitely, stating that such actions cannot substitute the legislature’s authority.
• Source: D.C. Wadhwa v. State of Bihar (1986).

Conclusion

Although Governors hold vast powers in India, including executive, legislative, and judicial functions, the Constitution and judicial precedents place significant limitations on these powers. These restrictions are in place to protect democratic values, ensure the proper functioning of the federal structure, and prevent misuse of power.

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Introduction

The timely resolution of court cases is fundamental to ensuring access to justice and upholding the rule of law. However, judicial pendency, or the backlog of pending cases, has become a significant challenge in India. As of recent reports, over 4.70 crore cases remain pending across various courts. This delay undermines public trust in the judiciary and hampers the delivery of justice.

Factors Contributing to Judicial Pendency

1. Poor State of Subordinate Judiciary: District courts suffer from inadequate infrastructure and poor working conditions, leading to slow case resolution.
2. Impact of COVID-19: The pandemic further worsened pendency, with the National Judicial Data Grid reporting a 27% increase in pending cases from December 2019 to April 2022.
3. Shortage of Judges: India has only 20 judges per lakh population, which is insufficient. By April 2021, 38% of High Court positions were vacant.
4. Government as a Major Litigant: The government is involved in nearly 50% of pending cases, many of which are inter-departmental disputes.
5. Vague Laws and Drafting Issues: Outdated and poorly drafted laws, along with differing interpretations, contribute to prolonged litigation.

Measures to Address Pendency

1. Government Litigation Reduction: Platforms like LIMBS and AMRD aim to monitor and reduce government-related litigation.
2. Fast-Track Courts: Established to handle a large volume of cases within a set time frame.
3. Promoting ADR: The government is encouraging alternative dispute resolution mechanisms like arbitration and mediation.
4. Technological Integration: The e-Courts project and SUPACE are enhancing court efficiency using technology and artificial intelligence.

Conclusion

Addressing judicial pendency requires continued reforms in infrastructure, judicial staffing, and technological integration to improve access to justice and the efficiency of the judicial system.

Sources:

• Department of Justice data
• National Judicial Data Grid

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Key Features of the Gram Nyayalayas Act, 2008

The Gram Nyayalayas Act, 2008 was established to create grassroots-level courts aimed at improving access to justice in rural areas. Key features include:

1. Establishment: Gram Nyayalayas are to be set up for every intermediate-level Panchayat or for contiguous Panchayats in a district (Source: Gram Nyayalayas Act, 2008).
2. Judicial Authority: They function as courts of Judicial Magistrate of the first class, with presiding officers (Nyayadhikaris) appointed by the state government in consultation with the High Court (Source: Act provisions).
3. Mobile Courts: These courts have the flexibility to operate in villages, ensuring justice is brought to the doorstep of citizens (Source: Act details).
4. Jurisdiction: They handle both criminal and civil matters as specified in the First and Second Schedules of the Act (Source: Act specifications).
5. Procedural Flexibility: The Gram Nyayalayas are guided by principles of natural justice and are not strictly bound by the Indian Evidence Act, 1872 (Source: Act provisions).

Significance of Gram Nyayalayas

1. Access to Justice: The Act supports Article 39A of the Constitution, which mandates that the legal system should promote justice and provide free legal aid, particularly for the economically disadvantaged (Source: Constitution of India).
2. Simplification of Procedures: Gram Nyayalayas contribute to the government’s efforts to streamline judicial processes and integrate alternative dispute resolution methods (Source: Government initiatives).
3. Speedy Justice: Based on the Law Commission’s recommendations, these courts aim to deliver swift, cost-effective justice to the common person (Source: 114th Law Commission Report).
4. Affordable Justice: By bringing justice to rural populations, Gram Nyayalayas address the aspirations of poorer communities for accessible and effective legal recourse (Source: Community feedback).

Conclusion

The Gram Nyayalayas Act, 2008 plays a crucial role in enhancing access to justice for marginalized groups, promoting equality in legal representation, and ensuring that justice is both affordable and expedient for rural citizens.