Dr. D.C. Wadhwa & Ors. vs. State of Bihar & Ors. case of 1986

-
 The Dr. D.C. Wadhwa & Ors. vs. State of Bihar & Ors. case of 1986 is a cornerstone in the Indian judicial history, highlighting the delicate balance of power between the executive and legislative branches of government . The case stemmed from a practice that had become routine for the Bihar government: the re-promulgation of ordinances without legislative approval, a process that Dr. D.C. Wadhwa, an economics professor, found to be a subversion of democratic principles . The Supreme Court's decision in this case was a resounding affirmation of constitutional law and its supremacy over executive convenience. By declaring the practice of re-promulgating ordinances without legislative consent as unconstitutional, the court reinforced the necessity of legislative scrutiny and the impermanence of ordinances, which are meant to be emergency measures, not a backdoor for enacting laws. This landmark judgment serves as a reminder of the importance of checks and balances within
Post a Comment

The Lily Thomas Case: A Turning Point for Indian Democracy

-

 The Lily Thomas Case: A Turning Point for Indian Democracy


The Lily Thomas case stands as a testament to the power of judicial review and the role of the judiciary in upholding the principles of democracy. The case, spearheaded by the indomitable spirit of Lily Thomas, an activist lawyer, and the NGO Lok Prahari, brought to light the critical issue of criminalization in politics. It challenged the constitutional validity of Section 8(4) of the Representation of the People Act, 1951, which allowed convicted legislators to retain their seats while an appeal was pending.


The Supreme Court's landmark judgment on July 10, 2013, marked a significant shift in the legislative landscape of India. By striking down Section 8(4), the court ensured that the sanctity of the legislative bodies was preserved. The immediate disqualification of convicted MPs and MLAs sent a clear message: criminality has no place in the halls of democracy.


The implications of this judgment were far-reaching. It not only curbed the misuse of legal loopholes by convicted legislators but also restored public faith in the democratic process. The verdict was a clarion call for transparency and accountability, compelling political parties to be more circumspect in their candidate selection.


The case also underscored the importance of Public Interest Litigations (PILs) in the Indian legal system. It demonstrated how the judiciary could become an instrument of social change, empowering citizens to challenge unjust laws and practices.


The Lily Thomas case is a reminder that the rule of law is supreme, and even elected representatives are not above it. It is a milestone in India's journey towards a more ethical and accountable governance system, ensuring that the mantle of leadership is borne by individuals of integrity.


As we reflect on the impact of this case, it is crucial to recognize the ongoing efforts to cleanse the politics of criminal elements. The judgment has set a precedent, but the journey is far from over. It is up to the citizens, the judiciary, and the political establishment to carry forward the legacy of this case, nurturing a democratic ethos that values moral rectitude as much as it does electoral success.


In conclusion, the Lily Thomas case is not just a legal victory; it is a beacon of hope for all who aspire to a cleaner, more dignified political arena. It reaffirms our belief in the judiciary's role as the guardian of constitutional values and the protector of democratic ideals. The case will continue to inspire future generations to uphold the tenets of justice and equality, ensuring that the spirit of democracy remains inviolable.

Comments

Post a Comment

Popular posts from this blog

šŸŒŸPrivilege CommitteešŸŒŸ

-
šŸ“ŒAbout Committee of Privileges: ✍️It is a Standing Committee. ✍️ It came into being on 7 January 2013 as one half of the replacements for the Committee on Standards and Privileges. ✍️The functions of this committee are "Semi-judicial"  ✍️ Aimed to examine cases if breach of priviledges of the House and it's mrmbers and recommends appropriate action. šŸ“ŒMembers in Rajya Sabha - 10, nominated by Chairman . šŸ“Œ Members in Lok-Sabha - 15  nominated by the Speaker . ✍️In the Rajya Sabha, the deputy chairperson heads the committee of privileges. šŸŒŸPowers and Functions: ✍️The committee examines every question involving a breach of privilege of the House or of the members or of any Committee thereof referred to it by the House or by the Speaker/Chairman.  ✍️It also determines with reference to the facts of each case whether a breach of privilege is involved and makes suitable recommendations in its report. ✍️In Rajya - Sabha When a question of privilege is referred to the Committe
Read more

‘India had parliamentary institutions when people of Europe were mere nomads’

-
Image
The quote by  Dr. B.R. Ambedkar, "India had parliamentary institutions when people of Europe were mere nomads,"  is a powerful testament to the ancient civilization's early advancements in governance and societal structures. It speaks volumes about the historical context of India's political systems, which were far more developed than often recognized in the common Eurocentric narrative of history. This essay will delve into the implications of Ambedkar's statement, exploring its historical accuracy, its significance in the context of Indian pride and identity, and its relevance in contemporary discussions about the origins and evolution of democratic institutions. Firstly, various historical records and scholarly research support the assertion that India had parliamentary institutions in ancient times. The 'sabha' and 'samiti' of the Vedic period, for instance, are indicative of consultative assemblies that played a role in governance. These bodie
Read more

Dr. D.C. Wadhwa & Ors. vs. State of Bihar & Ors. case of 1986

-
 The Dr. D.C. Wadhwa & Ors. vs. State of Bihar & Ors. case of 1986 is a cornerstone in the Indian judicial history, highlighting the delicate balance of power between the executive and legislative branches of government . The case stemmed from a practice that had become routine for the Bihar government: the re-promulgation of ordinances without legislative approval, a process that Dr. D.C. Wadhwa, an economics professor, found to be a subversion of democratic principles . The Supreme Court's decision in this case was a resounding affirmation of constitutional law and its supremacy over executive convenience. By declaring the practice of re-promulgating ordinances without legislative consent as unconstitutional, the court reinforced the necessity of legislative scrutiny and the impermanence of ordinances, which are meant to be emergency measures, not a backdoor for enacting laws. This landmark judgment serves as a reminder of the importance of checks and balances within
Read more