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An Act of colourable legislation


An Act of colourable legislation
Updated:
Updated:
April 02, 2021 13:49 IST
Enactment of the Places of Worship Act, 1991 in its current format damages the liberty of belief, faith and worship to all
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Enactment of the Places of Worship Act, 1991 in its current format damages the liberty of belief, faith and worship to all
In his article,
The Hindu, March 29, 2021), Dushyant Dave, senior advocate of eminence, has articulated why he opposes the challenges on constitutional grounds to the Places of Worship Act, 1991, now before the Supreme Court.
We have by way of a public interest litigation (PIL) in the Supreme Court (WP(C) 619 of 2020, which was filed earlier but notice was issued later

State-of-uttar-pradesh , Uttar-pradesh , India , Mecca , Makkah , Saudi-arabia , Varanasi , Ayodhya , Ismail-faruqui , Dushyant-dave , Vishwanath-temple , Krishna-janmabhoomi-temple

Poll position: On SC order on local body elections


Supreme Court has boosted independence of SECs in holding local body elections
Even though more than a quarter century has elapsed since the Constitution was amended to make urban and rural local bodies a self-contained third tier of governance, it is often agreed by experts that there is inadequate devolution of powers to them. This may somewhat explain their relative lack of autonomy. However, an entirely different facet of the way these local bodies function is that the manner in which their representatives are elected is often beset by controversies. Local polls are often marred by violence, and charges of arbitrary delimitation and reservation of wards. A key factor in any local body polls being conducted in a free and fair manner is the extent to which the State Election Commissioner, the authority that supervises the elections, is independent and autonomous. Unfortunately, most regimes in the States appoint senior bureaucrats from among their favourites to this office. In practice, SECs frequently face charges of being partisan. Routine exercises such as delimiting wards, rotating the wards reserved for women and Scheduled Castes and fixing dates for the elections become mired in controversy as a result, as the Opposition tends to believe that the exercise is being done with the ruling party’s interest in mind. Even though this cannot be generalised in respect of all States and all those manning the position, it is undeniable that SECs do not seem to enjoy the confidence of political parties and the public to the same extent as the Election Commission of India as far as their independence is concerned.

India , Supreme-court , Election-commission-of-india , State-election-commissioner , Scheduled-castes , Election-commission , Law-secretary , Editorial , Poll-position , Constitution-amendment , Urban-and-rural-local-bodies