How many amendments have been made in Indian Constitution and how effective these amendments have been in practicality?
The presumption of innocence is a fundamental right in Indian criminal law, enshrined in Article 20(3) of the Constitution. However, as an exception, preventive detention laws like the National Security Act (NSA) and the Unlawful Activities (Prevention) Act (UAPA) allow for detention without trial,Read more
The presumption of innocence is a fundamental right in Indian criminal law, enshrined in Article 20(3) of the Constitution. However, as an exception, preventive detention laws like the National Security Act (NSA) and the Unlawful Activities (Prevention) Act (UAPA) allow for detention without trial, effectively reversing the burden of proof.
These laws are justified on the grounds of national security and public order, as they aim to prevent individuals from engaging in activities that may threaten the state. The Supreme Court has upheld the constitutionality of preventive detention laws, provided they adhere to the procedural safeguards laid down in Article 22 of the Constitution.Laws like the Prevention of Money Laundering Act (PMLA) have also been criticized for shifting the burden of proof onto the accused. While the government argues that these laws are necessary to combat serious crimes, civil liberties advocates contend that they undermine the presumption of innocence and due process.
The increasing use of such laws raises concerns about the erosion of fundamental rights and the creation of a new norm where the exception becomes the rule. It is crucial to strike a balance between national security and individual rights, ensuring that preventive detention laws are used judiciously and in accordance with constitutional principles.
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In India, a magnificent tale of a living document unfolds – The Constitution of India. From 1950, it was designed to guide our Nation as diverse and vibrant India itself. But the time moves the constitution needed to grow, just like the country it served. Thus began the journey of amendments, now itRead more
In India, a magnificent tale of a living document unfolds – The Constitution of India. From 1950, it was designed to guide our Nation as diverse and vibrant India itself. But the time moves the constitution needed to grow, just like the country it served. Thus began the journey of amendments, now it is 106 in 2024.
It began with the First Amendment which introduced in the year 1951. It planted to uplift the socially and educationally backward classes, ensuring that everyone had chance to flourish. As the years passed, the Constitution continued to evolve. In 1976, an outbreak is visible, known as the 42nd Amendment, it created so many changes named as “Mini-Constitution.” This amendment aimed to reshape the land but also created controversy by trying to curb the power of the judiciary.
Some amendments, ensuring reservations for disadvantaged groups, acted like rays of hope, pushing the nation toward justice and equality. Others, like the 42nd Amendment, faced resistance and sparked debates. More than these all, the Indian Constitution has been a living, breathing entity, adapting to the needs of its people. Each amendment is a chapter in the epic tale of India’s journey toward a just and dynamic society, constantly balancing tradition and progress.
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