Roadmap for Answer Writing 1. Introduction Define judicial independence. Highlight its significance in a democratic framework. Mention the relevant constitutional article (Article 50) that ensures this independence. 2. Constitutional Provisions Supporting Judicial Independence Article 124: Establishes the Supreme Court and guides the appointment of judges on ...
The Indian Divorce Act of 1869 was initially passed for the purpose of governing Christian marriages, though over the years it became lumme to other people of other religious beliefs who converted to Christianity. However, one must recognize certain problems rise regarding its admissibility in curreRead more
The Indian Divorce Act of 1869 was initially passed for the purpose of governing Christian marriages, though over the years it became lumme to other people of other religious beliefs who converted to Christianity. However, one must recognize certain problems rise regarding its admissibility in current family structures and religious cross-corporation marriage.
Application of the Act to Modern Family Dynamics:
Mutual Consent Divorce: To suite modern society, the Act has been amended and sections added that deals with divorce through consent of both parties involved.
-Grounds for Divorce: According to the Act the grounds for divorce include adultery, cruelty, desertion, and unsound mind and these can be incorporate into the present scenario.
-Custody and Maintenance: This act provides for the care, upbringing and support of children and spouse with reference to the welfare of the child and income earning ability of both parties.
Handling Cross-Religious Marriages:
-Limited Applicability: However, the Act can only operate in cross religious marriage where either of the party or both are Christians, it may then be weak in other religions.
-Personal Laws: If one or both of them are not Christian the party may apply their respective individual laws allowing the dissolution of marriage, which can create confusion and probably conflict.
-Uniform Civil Code: Remove multiplicity of laws by implementing a law that upholds a single law for all that will apply to all religions. The issues resulting from cross-religious marriage might be addressed and a better solution can be proposed.
Even if some of the complications resulting out of the present day kinship system and inter-religious marriages have been addressed through Indian Divorce Act, the process of reform covers a long path to go to match up to the contemporary requirement. The thought a Uniform Civil Code may be having a superior proposition to handle the problem of marital disputes in the country.
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Model Answer Introduction Constitutionally guaranteed judicial independence is essential for the functioning of a democracy. It ensures that the judiciary operates autonomously and impartially, free from interference by other branches of government. Article 50 of the Indian Constitution explicitly mRead more
Model Answer
Introduction
Constitutionally guaranteed judicial independence is essential for the functioning of a democracy. It ensures that the judiciary operates autonomously and impartially, free from interference by other branches of government. Article 50 of the Indian Constitution explicitly mandates the separation of the judiciary from the executive, which protects human rights and upholds the rule of law, foundational elements of a democratic society.
Body
Constitutional Provisions Supporting Judicial Independence
Several articles in the Indian Constitution reinforce judicial independence:
Importance of Judicial Independence in Democracy
Judicial independence is vital for several reasons:
Conclusion
Strengthening judicial independence is critical for nurturing democracy. It is through collaborative efforts and active participation from all stakeholders that a just, equitable, and resilient society can be built.
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