Posts

Reservation for Economically Weaker Sections

The base of Reservation has been broadened to include economically weaker sections also. It is open to the government to notify the income of the family from time to time for the purpose of obtaining benefit thereunder. At least the Act through which the Constitution has been amended says so. The Constitution (One Hundred and Third Amendment) Act, 2019 came into existence on a day which is observed in our country as National Youth Day i.e 12th January. The breakneck speed with which the Bill became an Act tells many things without actually telling about the conscience and compulsion in the politics of this country. Prior to the said amendment the citizens outside the fold of socially and educationally backward classes, Schedule Castes/Tribes were not eligible to be considered for reservations howsoever and whatsoever economically weak or deprived they may be. This was so because they belonged to such Castes as thought to be Upper ones in the social hierarchy believed by tradition. Of ...

Plea Bargaining-What is that?

Until before 2006 the Plea Bargaining was not the part of our Criminal Justice System. In fact this was incorporated in The Code Of Criminal Procedure, 1973 by way of Chapter XXI-A(containing Sections 265-A to 265-L)inserted by Criminal Law (Amendment) Act, 2005(Act No. 2 of 2006) through Section 4 of the said Act with effect from 5.07.2006. This insertion in the Cr.P.C was pursuant to accepting by the Government the recommendations of the Malimath Committee although many a judgement since 1976 of the Supreme Court of India  had described this american practice unconstitutional and against the public policy. The Rationale The millions of pending cases overpowering the Judiciary must have provided the rationale behind the incorporation of provisions pertaining to plea bargaining in the Cr.P.C. The Benefits *A powerful justification in favour of Plea Bargaining was its perceived potential towards controlling expenses incidental to trial. The trial, as we shall see, is driv...

काल का आगमन और भगवान राम का स्वधामगमन(महाप्रयाण)

अयोध्या में दशरथनंदन श्रीराम का शासन स्थापित हो गया। सेवक हनुमान सदैव उनकी सेवा में तत्पर रहते। माता सीता सहित राजा रामचंद्र रत्नमंडित आसन पर विराजमान रामदरबार की शोभा...