ISSN (Print) - 0012-9976 | ISSN (Online) - 2349-8846

Articles by Nirmalendu Bikash RakshitSubscribe to Nirmalendu Bikash Rakshit

Right to Constitutional Remedy

A mere enumeration of rights, even if it is meticulously worded is not enough. What is needed is a provision for its enforcement, an avenue for redressal. Article 32 of the Indian Constitution enshrines this provision whereby individuals may seek redressal for the violation of their fundamental rights

Power and Position of the Lok Sabha

The framers of the Constitution created a bicameral legislature, but because the Lok Sabha was an elected house it was given a special role in the country's administrative system. The Rajya Sabha on the other hand, has a more limited role. In instances of conflict between the two houses, it is the Lok Sabha that has managed to consolidate its own position because of the constitutional advantages in its favour.

Judicial Appointments

The Constitution had laid down provisions for the impartial and merit-based appointment of judges to the superior courts. However, the spirit of constitutional provisions has been affected by the biases and prejudices of appointing authorities. The proposed National Judicial Commission is a welcome development and will hopefully ensure that the judiciary remains free of executive influences.

Parliamentary Privileges and Fundamental Rights

Recent incidents when state legislators have demanded action against the press have once again highlighted the conflict that exists between fundamental rights guaranteed by the Constitution and privileges extended to elected representatives. While parliamentary privileges remain to be codified, successive court rulings have also emphasised the precedence that fundamental rights occupy over such rights.

Mutilated Liberty and the Constitution

Without liberty there cannot be democracy and Article 19 of the Indian Constitution guarantees that right to all citizens. In order that the state can regulate the individual's freedom in the greater interest of society a number of restrictions have been placed on these rights. However the restrictions have become so numerous today that the balance has tilted towards social control rather than liberty.

Utility of the Rajya Sabha

In several instances, the role of the Rajya Sabha has been reduced to an irrelevant adjunct of the Lok Sabha. While this may not have been the intention of the constituent assembly, the Rajya Sabha, as this article argues, needs to be recast in the light of present-day imperatives.

Constitution Review Committee and the Governor

The role and position of the governor that has often been a subject of controversy and debate, now forms part of the deliberations of the Constitution Review Committee. Any redefinition, however, should adhere to the basic principles of the Indian Constitution, that seeks to achieve an ideal balance between federal and unitary principles.

Right to Propagate Religion

While the Constitution, grants the freedom to profess, practise and propagate religion, it has also ensured that its exercise is conditional. Nevertheless, certain lacunae remain. More provisions need to be added to Art 25, so as to limit the scope for conflict.

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