Recent Constitutional Legal Developments -Part 1
IAS NEXT has compiled all the Landmark Judgements and Case Laws passed by the Supreme Court of India in recent time. This compilation would help the aspirants to fill the gap while studying Indian Polity text book and the Indian Constitution and for those who are sitting in the pcs j exam. A fair knowledge about various judgements can be fruitful in writing mains answers that demand constitutional perspectives.
Constitutional law is the supreme law of the land. It bifurcates and establishes the powers and functions of the three organs of the state – Legislature, Executive and Judiciary. It also subdivides the powers between parliaments and state legislature. It prevents encroachment of powers as well as provides supplementation of the same.
It interprets itself and the minds of the constitution makers for the better delivery of justice and advancement of righteousness. Constitutional law regulated the administration of the State and lays down the relationship between the state and its citizen.
History has witnessed various landmark cases where constitutional law was in question and how justifiably it was interpreted. Some of them were- Kesavananda Bharati case, A.K Gopalan vs. State of Madras, Golak Nath case and so on.
The landmark judgements and case laws which will be discussed are as follows:
LGBT Community in India
Naz Foundation vs. Govt. of NCT of Delhi (2009):
Delhi High Court struck off section 377, legalising consensual homosexual activities between adults.
Suresh Kumar Koushal Case (2013):
SC overturned the previous judgment by Delhi High Court (2009) arguing that “plight of sexual minorities” could not be used as an argument for deciding constitutionality of law.
Justice K.S. Puttaswamy vs. Union of India (2017):
SC ruled that Fundamental Right to Privacy is intrinsic to life and liberty and thus, comes under Article 21 of the Indian constitution. It held that “sexual orientation is an essential attribute of privacy”.
Navtej Singh Johar vs. Union Of India (2018):
Dismissed the position taken by SC in Suresh Kumar Koushal case (2013) and decriminalised homosexuality.
Shafin Jahan v. Asokan K.M. and others (2018):
The Supreme Court observed that choice of a partner is a person’s fundamental right, and it can be a samesex partner.
Transgender Persons (Protection of Rights) Bill, 2019:
The Parliament has passed the Transgender Persons (Protection of Rights) Bill, 2019 which has been criticised for its poor understanding of gender and sexual identity.
In February, 2021, the Central Government opposed same-sex marriage in Delhi High Court stating that a marriage in India can be recognised only if it is between a “biological man” and a “biological woman” capable of producing children.
Private Member Bill?
What is a Private Member Bill?
Any MP who is not a minister is referred to as a private member. Its drafting is the responsibility of the member concerned. Its introduction in the House requires one month’s notice. The government bills\public bills can be introduced and discussed on any day, private member’s bills can be introduced and discussed only on Fridays. In the case of multiple Bills, a ballot system is used to decide the sequence of bills for introduction. The Parliamentary Committee on Private Member’s Bills and Resolutions goes through all such Bills and classifies them based on their urgency and importance.
Its rejection by the House has no implication on the parliamentary confidence in the government or its resignation. Upon conclusion of the discussion, the member piloting the bill can either withdraw it on the request of the minister concerned, or he may choose to press ahead with its passage.
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