What are the two landmark judgements in India in the last ten years? Briefly explain about NOTA judgement in the year of 2013
The Constitution, India's Supreme Law, establishes the fundamental framework of the nation's polity, as well as Fundamental Rights and Directive Principles that embody our founding fathers' vision and objectives. The constitution attempts to protect human rights and provide state welfare through FunRead more
The Constitution, India’s Supreme Law, establishes the fundamental framework of the nation’s polity, as well as Fundamental Rights and Directive Principles that embody our founding fathers’ vision and objectives. The constitution attempts to protect human rights and provide state welfare through Fundamental Rights and DPSP.
Fundamental rights are basic human rights guaranteed to all citizens under Part III of the Indian Constitution. These are justiciable in nature. DPSP are a collection of guidelines and principles that are described in Part IV with the goal to establish favorable social and economic circumstances so that people can have fulfilling lives. The link between Fundamental Rights and the DPSPS has been the subject of much discussion, followed by several landmark judgements like the Kesavananda Bharati case (1973) and the Minerva Mills case (1980). It can be summarised as:
- Directive Principles are affirmative directions, whereas Fundamental Rights are negative or prohibitive in character since they impose constraints on the state.
- FR foster political democracy, whereas DPSP promotes social and economic democracy. The FR protects natural rights, and the adoption of the DPSP reinforces them even further.
- The judiciary has frequently taken on a balancing role in situations when the DPSPs and Fundamental Rights seem to be at opposite ends.
- The Supreme Court of India has declared that Fundamental Rights and DPSPs are compatible, and that the state should seek to attain the goals outlined in the DPSPs while upholding Fundamental Rights.
FR and DPSP are intended to work together to achieve the constitutional ideal of a just, fair, and equitable society.
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In the last ten years, two landmark judgments in India are: Aadhaar Judgment (2018): In the Puttaswamy judgment (2018), the Supreme Court of India ruled that the Right to Privacy is a fundamental right guaranteed under the Indian Constitution. The court also held that the Aadhaar scheme, a biometricRead more
In the last ten years, two landmark judgments in India are:
Now, about the NOTA Judgment in 2013:
NOTA Judgement (2013): In 2013, the Supreme Court of India ruled in the case of People’s Union for Civil Liberties vs. Union of India that a voter has the right to exercise a “None of the Above” (NOTA) option in an election. This option allows voters to choose NOTA if they are dissatisfied with all the candidates contesting an election. The court held that this option is essential for democratic governance and would help to ensure that voters are not forced to vote for a candidate they do not want.
The NOTA option was introduced by the Election Commission of India through an amendment to Rule 49(0) of the Conduct of Election Rules, 1961, in January 2013. The option is available to all electors, except those who are voting by postal ballot or proxy.
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