Constitution Day Of India

 

Today (November 26, 2024), President Droupadi Murmu will give a joint address to both Houses of Parliament to begin the festivities commemorating 75 years since the adoption of India's Constitution.

The Constitution went into effect on January 26, 1950, when India became a republic, even though it had been adopted on November 26, 1949. The administration has scheduled ceremonies for the entire year to commemorate the event. The Center established a new website, https://constitution75.com, on Monday, November 25, 2024, to let citizens to interact with the Constitution's legacy.

On November 25, union ministers started the "Samvidhan Yatra" to commemorate the 75th anniversary of India's constitution. According to Union Minister Gajendra Singh Shekhawat, we are commemorating "Hamara Samvidhan, Hamara Samman" since the constitution will mark its 75th anniversary of creation. "I want to encourage the young people to band together for the country's progress," he continued.

Samvidhan Diwas, sometimes called Constitution Day, is observed annually on November 26 to honor the adoption of the Indian constitution, which shaped the country's democratic foundation. After three years, the Constituent Assembly, led by BR Ambedkar, finally drafted the constitution in 1949. On January 26, 1950, the Indian Republic's birth anniversary, the Indian constitution went into force.

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2024's Indian Constitution Day: 

Background In 2015, the Ministry of Social Justice and Empowerment of the Government of India formally designated November 26 to be Constitution Day in recognition of the historic occasion.

In accordance with the 1946 Cabinet Mission Plan, the Constituent Assembly created the constitution. Dr. Sachhidanand Sinha presided over the first session, which took place on December 9, 1946, with Dr. Rajendra Prasad serving as the permanent chairman. The longest constitution, which initially had 395 articles, 22 sections, and 12 schedules, was drafted under the direction of BR Ambedkar. Prem Behari Narain Raizada hand-wrote the Constitution in both Hindi and English using calligraphy, while Nandalal Bose and Shantiniketan painters created the artwork. Twenty-two historical pictures from the original manuscript are kept in helium-filled cases at the Parliament Library.

There have been numerous amendments made to the constitution. The 42nd Amendment, one of the 1976 changes, added Article 51-A, which enumerates ten obligations influenced by both international and Indian customs. In 2002, an eleventh duty was added.

2024 Constitution Day:

 Importance The framers of the Constitution are honored on Constitution Day. The longest written constitution in the world is that of India, which emphasizes the values of equality, justice, liberty, and fraternity. By holding discussions and establishing the framework for a sovereign, socialist, secular, and democratic republic, this day honors the Constituent Assembly's goals and achievements.

Constitution Day 2024: Top 10 quotes 

"The Constitution is not a mere lawyer's document, it is a vehicle of life, and its spirit is always the spirit of age." — B. R. Ambedkar

"We are Indians, firstly and lastly." — B. R. Ambedkar

"The Constitution only gives people the right to pursue happiness. You have to catch it yourself." — Benjamin Franklin

"The greatness of a nation lies in its fidelity to the Constitution and adherence to the rule of law." — Chief Justice John Roberts

"A constitution is not the act of a government, but of a people constituting a government." — Thomas Paine

"The Constitution is the guide which I will never abandon." — George Washington

"The beauty of the Constitution is that it enables each generation to interpret it for its own time." — Barack Obama

"Liberty lies in the hearts of men and women; when it dies there, no constitution can save it." — Learned Hand

"Democracy is not merely a form of government. It is primarily a mode of associated living, of conjoint communicated experience." — B. R. Ambedkar

"The most powerful Constitution is one written in the hearts of citizens." — Anonymous

Chief Justice Of India 2024: Sanjeev Khanna

 

President Draupadi Murmu administered the oath of the office of the Chief Justice of India (CJI) to Supreme Court judge Justice Sanjiv Khanna on Monday (November 11, 2024) at Rashtrapati Bhavan.

He comes from a distinguished legal family and is the third generation of his family to enter a legal profession. His father, justice Dev Raj Khanna, was a former Delhi High Court judge,and his uncle, HR Khanna was a renowned supreme court judge.

The swearing-in ceremony of the 51st Chief Justice of India at Rashtrapati Bhavan saw Vice-President Jagdeep Dhankhar, Prime Minister Narendra Modi, government Ministers, former Chief Justices of India, sitting and retired judges of the Supreme Court and High Courts in attendance.

At ten in the morning, President Droupadi Murmu gave him the oath of office. He will hold the position of Chief Justice of India for a period of six months.

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The outgoing Chief Justice DY Chandrachud, who retired on November 10 after serving since November 9, 2022, nominated Justice Sanjiv Khanna, the Supreme Court's second-most senior judge, to be Chief Justice. Sanjiv Khanna, who was born on May 14, 1960, started practicing law in 1983 as an advocate for the Delhi Bar Council. He has a wealth of knowledge in the areas of taxation, arbitration, commercial law, environmental law, and constitutional law.

Justice Khanna also served as the Senior Standing Counsel for the Income Tax Department. In 2004, he was appointed Standing Counsel (Civil) for the National Capital Territory of Delhi.

Justice Khanna's noteworthy judicial career began in 2005 when he was appointed as an additional judge of the Delhi High Court and in 2006 when he was made a permanent judge. Justice Khanna had a crucial part in forming the legal system during his time there by making important contributions to the Delhi Judicial Academy, Delhi International Arbitration Center, and District Court Mediation Centers.

Justice Khanna was appointed to the Supreme Court on January 18, 2019, despite never having held the position of Chief Justice of a High Court. 

Arvind Kejriwal, the former chief minister of Delhi, was granted interim bail by Justice Khanna, one of his many historic rulings. Kejriwal was able to campaign for the Lok Sabha elections thanks to this judgment. In yet another significant decision, Justice Khanna emphasized that the Prevention of Money Laundering Act (PMLA) may legitimately issue bail in cases when procedures have been delayed. This ruling was made in a case involving Manish Sisodia, the former deputy chief minister of Delhi.

As chief justice, khanna is widely recognised for his commitment to reducing judicial pendency and accelerating the pace of justice delivery in India.

Public Interest Litigation: How To File A PIL In India?

The phrase has gained widespread recognition in the context of current events. There are an end number of PILs being filed. However, are you aware of what a public interest litigation is? How may a PIL be filed? Who is eligible to submit a PIL? Here is everything you need to know about PIL before choosing to start the procedure. Any issue or policy of the government may be bothering you and may have long-term effects on the general public. These problems have the potential to undermine the general welfare and produce intolerable circumstances involving corruption, abuse, and violations of constitutional rights, among other things. PIL is the answer for you if you are a socially aware citizen. Using PIL, a potent legal weapon, you can try to correct the system.

What is the process for initiating a Public Interest Litigation in India? How does one go about filing a PIL?

What is litigation in the public interest?

It has to do with public interest, as the name implies. PILs, according to Wikipedia, are lawsuits filed to protect the public interest and show that socially disadvantaged persons can obtain justice.

Who Is Eligible to File a PIL?

An individual, a group of citizens, or a non-governmental organization may submit a PIL. The offended party need not be the only one who files a PIL. Any citizen may submit a PIL. Only the requirement that it be submitted in the public interest rather than for personal benefit will be enforced. The Honorable Court may even take suo moto cognizance if the issue is really important.

Where Do I File a PIL?

 The writ petition is extended by a PIL. There are two Articles that regulate the filing of a Public Interest Litigation (PIL) in India. One may file a Public Interest Litigation in either the Supreme Court or the High Court. Article 226 of the Constitution allows you to bring a Public Interest Litigation (PIL) before the High Court, while Article 32 allows you to file a PIL before the Supreme Court of India. If you are submitting a Public Interest Litigation (PIL) in the Supreme Court, you must file five copies of the PIL. The respondents will only receive copies of the PIL when the court notifies them of it.

However, you must serve a copy of the PIL to the respondents beforehand and provide two copies when filing a PIL in the High Court.

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How Can a Public Interest Litigation Be Filed?

What is required in order to file a PIL? Which papers are needed in order to submit a PIL?

PIL filing is not as difficult as you may believe. To voice your concerns, you can send a straightforward letter or postcard to the Chief Justice of India or the Chief Justice of the High Court. However, if you can, it is preferable to follow the correct procedure. To file a Public Interest Litigation, you can do the following main actions. Compile all of the relevant facts about the problem.

- Make sure all the documents are compiled.

- Choose the court where you wish to file. 

- Send a PIL to the Chief Justice of the High Court in question in order to file it. 

- It should be addressed to the Chief Justice of India if it is being filed in the Supreme Court. 

- Two copies shall be submitted while filing it in the High Court, and the respondents should also receive a copy beforehand. 

- When the PIL is in the Supreme Court, five copies should be filed, and the respondents won't receive a copy until the court notifies them of it.

- Before filing a PIL, get advice from a qualified and experienced attorney since this can help you avoid wasting time on pointless stuff.

Documents Needed for PIL Filing

 The petitioner must include their name, occupation, yearly income, PAN number, phone number, email address, and postal address.

 - The petitioner's identification must be annexed. 

 - List names and addresses of all aggrieved parties.

 - List names and addresses of respondents or government agencies from which relief is sought by the petitioner.

 - Facts of the issue or case leading to fundamental rights violation

 - Nature of violation or injury

 - Any personal interest she/he/it may have.

 - The petitioner should also clarify about whether they will be able to pay the costs in case the court may impose any.

Can I file a PIL without a lawyer?

You have two options for presenting the case: in person or by hiring a Public Interest attorney. Hiring a lawyer to file a PIL, however, will be a smart move."

What is the required amount of money to file a PIL? 

The cost of filing a PIL is very low. A court fee of Rs 50 for each respondent must be paid by the petitioner and attached to the petition. Nonetheless, the expenses incurred to defend a case differ for each counsel. But be sure this isn't a pointless PIL before filing it. You might be charged by the court for wasting its time if you don't.

You are able to file a PIL

- For violating the fundamental human rights of underprivileged and impoverished individuals. 

- Policies of the government may impact social fairness, cause corruption, or violate    human rights.

- To force municipal officials to carry out their fundamental responsibilities. 

- Religious or fundamental rights violations

PILs cannot be filed for 

- Issues pertaining to services. 

- Issues pertaining to pay, pensions, gratuities, etc. 

- Tenant-landlord issues. complaints against local, state, and federal government agencies that do not involve matters covered by the Supreme Court's standards.

-  Issues concerning enrollment in educational establishments. 

-  Petitions asking the High Court and other courts to hold early hearings.

In conclusion, This is the process for bringing a Public Interest Litigation (PIL), and we hope that the information above answers all of your questions. A PIL should always contain the public interest to address the right issue and should not waste the court's time, thus whomever wishes to start should keep that in mind.

HOW TO FILE CRIMINAL CASES

 Understanding Criminal Cases in India

Criminal cases in India involve legal proceedings against individuals or entities accused of breaking the law, such as those outlined in the Indian Penal Code. These cases are brought by the state to uphold public safety and seek justice for victims. They include a variety of offences, such as:

- Violent Crimes: Murder, assault, kidnapping, rape.

- Property Crimes: Theft, robbery, burglary.

- Public Order Crimes: Riots, unlawful assembly.

- State Crimes: Sedition, terrorism.

- Economic Crimes: Fraud, forgery.

- Cyber Crimes: Hacking, online fraud.

- White-Collar Crimes: Money laundering, corporate fraud.

- Drug Offences: Possession or trafficking of drugs.

- Environmental Crimes: Violations of environmental regulations.

Types of Criminal Cases

Criminal cases in India are categorized mainly into two types based on their severity:

1. Cognizable Offences: These are serious crimes like murder or rape. The police can arrest the accused without a warrant and start an investigation immediately. Victims or witnesses can file a First Information Report (FIR) directly at the police station.

2.Non-Cognizable Offences: These are less serious offences like simple assault or defamation. The police cannot arrest someone without a warrant or start an investigation without court permission. Victims must approach the court to take further action.

 How to File a Criminal Case

There are a few ways to file a criminal case in India:

1. Lodging an FIR: For serious offences, go to the nearest police station and file an FIR. The police will then investigate the matter.

2. Filing a Private Complaint: If you’re not satisfied with the police response, you can go directly to court to file a complaint for less serious offences.

3. Filing a Complaint with a Magistrate: If the police refuse to file an FIR, you can approach a magistrate to request an investigation.

 Steps to File a Criminal Case

1. Identify the Offence: Determine the nature of the crime and the appropriate court for your case. Legal help can be useful here.

2. Draft a Complaint or FIR: Write down the details of the crime, including what happened and the names of those involved.

3. Visit the Police Station: If filing an FIR, present your complaint at the police station. They must register it and begin an investigation.

4. Preliminary Inquiry: Sometimes the court may conduct an inquiry to assess if the case has enough merit to proceed.

5. Court Proceedings: If the magistrate accepts the case, they will summon the accused and the trial will begin.

6. Trial: Both sides will present evidence and witness testimonies. 

7. Judgment: After hearing all arguments, the court will give its decision.

Landmark Cases

Several important cases have shaped criminal law in India:

- Lalita Kumari v. Government of U.P. (2014): Established that FIRs must be registered for cognizable offences without needing a preliminary inquiry.

- Prakash Singh v. Union of India (2006): Highlighted the need for proper recording of FIRs to improve police accountability.

- Satvinder Kaur v. State (1999): Emphasized that delays in registering FIRs must be justified.

- Jacob Mathew v. State (2005): Reinforced the significance of FIRs in initiating investigations.

- Upendra Baxi v. State of U.P. (1983): Stressed the importance of accurate and timely FIR recording.

 Conclusion

Navigating the legal process can be complex, and the steps may vary based on the nature of the offence. It's crucial to be precise in your complaint or FIR, as the details can impact every stage of the case. Seeking legal advice can greatly assist in understanding the procedures involved.