To enhance the implementation of the Indian Constitution an creative strategy is needed to tackle issues and societal factors. Here's a fresh viewpoint, on how we can improve its execution; Focus on Citizen Empowerment; Introduce a countrywide program to boost awareness about the constitution amongRead more
To enhance the implementation of the Indian Constitution an creative strategy is needed to tackle issues and societal factors. Here’s a fresh viewpoint, on how we can improve its execution;
Focus on Citizen Empowerment; Introduce a countrywide program to boost awareness about the constitution among the public. Use technology to create engaging platforms where people can educate themselves about their rights, responsibilities and how government institutions operate. Promoting participation, from an age can nurture a society of involved citizens.
Implementing Localized Frameworks; Acknowledge the diversity, in India by advocating for localized implementation frameworks. Provide state and local governments with the flexibility to customize provisions according to requirements while ensuring alignment with national objectives.
Assessing Constitutional Impact; Introduce an assessment of impact for all legislative and policy decisions. This ensures that proposed actions are carefully examined for compliance with principles before being put into effect.
Enhancing Judicial Infrastructure; resources towards improving infrastructure and manpower to expedite constitutional adjudication. Support the establishment of benches in courts to efficiently address complex constitutional matters.
Promoting Constitutional Morality; Initiate campaigns that promote morality and ethical governance among officials and institutions. Instilling a sense of responsibility towards upholding values can discourage instances of power abuse.
Engaging Youth and Encouraging Innovation; Foster youth participation, through hackathons and innovation challenges focused on addressing issues related to implementing the constitution. Utilize the creativity and technological skills of individuals to devise solutions.
By adopting these strategies India can not only enhance the implementation of its Constitution but also cultivate a more inclusive, responsible and forward-thinking governance framework.
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The Doctrine of Frustration concerns the legal relationship that because of occurrence of some events beyond reasonable contemplation it becomes impossible to perform and therefore the parties are discharged of the performance of the contract. Section 56 of the Indian Contract Act,1872 enshrines thiRead more
The Doctrine of Frustration concerns the legal relationship that because of occurrence of some events beyond reasonable contemplation it becomes impossible to perform and therefore the parties are discharged of the performance of the contract. Section 56 of the Indian Contract Act,1872 enshrines this principle to the effect of saying that ‘every contract to do an impossible act is void’. The contract becomes frustrated when there is an event that has the affect of making the purpose of the contract impossible, unlawful or totally unexpected by both the parties to the contract.
The most famous of these are the Indian case Of Satyabrata Ghose v. Mugneeram Bangur & Co. (1954). In this case, the role of Supreme court referred to the decision making under the rule of frustration that Say the contract becomes frustrated where there is a condition that went to the root of the contract and made its performance impossible. In the case, it is shown that the building land contract was interrupted due to the governmental orders during the Second World War. That is why the Courts ruled that due to the war related restriction the parties were unable to perform their obligations under the contract and thus, the contract was frustrated.
Disaffection cannot be recorded where the issue of the challenge in performance is temporal or where the event was anticipated. It is also not allowed where the contract has provided for how particular incidences should be handled in as much as they are contingencies.
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