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Showing posts with the label Public Policy

Supreme Court Holds ECI Not at Fault for Statewide SIR in Bihar: Legal Context, Arguments, and Constitutional Framework

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Introduction: ECI Not at Fault if SIR Aim Same Across Bihar Seats The Supreme Court has clarified that the Election Commission of India (ECI) cannot be blamed for conducting a Special Intensive Revision (SIR) across the entire state of Bihar if the reasons for initiating the exercise are uniform across all constituencies . This observation came while hearing multiple petitions questioning the legality and constitutionality of the SIR process being implemented in Bihar. Understanding the SIR Exercise: Not a Routine Revision The bench of Chief Justice of India Surya Kant and Justice Joymalya Bagchi noted that this is not a routine annual updation of electoral rolls , but a special revision permitted under the Representation of the People Act, 1950 (ROPA). The Court stated that any process conducted by the ECI that is fair and transparent cannot be interfered with unless it is shown that the ECI lacks the legal authority to do so. Petitioners' Key Argument: SIR as an Unconst...

Supreme Court Seeks Maharashtra’s Data on Local Bodies Breaching 50% Reservation Cap

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The Supreme Court of India has once again turned its attention to the contentious issue of reservation in Maharashtra’s local bodies. During a hearing on a contempt petition, the Court directed the State to provide a complete list of all local bodies where the total reservation—covering Scheduled Castes (SC), Scheduled Tribes (ST), and Other Backward Classes (OBC)—exceeds the 50% constitutional ceiling. This order comes amid preparations for upcoming elections and ongoing disputes about the implementation of the Court’s earlier directions, particularly the 2021 “triple test” requirement. Background: Contempt Petition and the 2021 Triple Test Judgment The current proceedings arise from a contempt petition alleging that Maharashtra failed to comply with the Supreme Court’s 2021 ruling. That judgment mandated that any OBC reservation in local bodies must satisfy a three-step test , now widely known as the "triple test": Establish a dedicated commission to conduct a conte...

Allahabad High Court Flags Massive Irregularities in Uttar Pradesh Birth Certificate System

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The Allahabad High Court has strongly criticised the functioning of Uttar Pradesh’s birth certificate issuance system, describing it as a “mess” and reflective of dishonesty operating at multiple administrative levels. The court’s observations came during the hearing of a writ petition that exposed the ease with which multiple birth certificates with conflicting details can be obtained in the state. Case Background: Two Birth Certificates, Two Different Dates of Birth Facts of the Petition The issue surfaced during the hearing of a writ petition filed by an individual named Shivanki . The Deputy Director of UIDAI, Regional Office, Lucknow, submitted documents that revealed the petitioner possessed two separate birth certificates , both issued by the Registrar of Births and Deaths, but: from two different authorities, and with two different dates of birth. Details of the Conflicting Certificates Certificate 1: Issued by: Primary Health Centre, Manauta Date of bir...

7,000 FIRs, No Action: Punjab’s Farm Fire Crisis and the Politics of Pollution

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The Unending Cycle of Smoke and Inaction Despite years of judicial intervention and environmental alarm, Punjab’s farm fire problem remains unresolved . Between 2022 and 2024 , nearly 7,000 FIRs were filed against farmers for paddy stubble burning , a practice that contributes significantly to North India’s toxic air every winter. Yet, most of these cases have not resulted in chargesheets, convictions, or substantial penalties . The data reveals that Punjab registered 5,783 FIRs in 2024 , compared to 1,144 in 2023 and just 44 in 2022 . However, police and prosecution records show that these cases are either pending, withdrawn, or closed after nominal fines ranging from ₹500 to ₹1,000 — a symbolic rather than substantive enforcement.

HC Refuses to Stall Redevelopment of Pratibha Tower: A Case Study in Redevelopment Law and Majority Consent

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Case Background: Pratibha Tower and Its Controversial History Pratibha Tower was originally a 36-storey luxury residential project in Breach Candy, Mumbai, launched in 1984. It later became the center of a major real estate fraud scandal when authorities found that the developer had overstated the plot area to gain unauthorized Floor Space Index (FSI) benefits. This resulted in illegal additional construction and regulatory intervention. Among the early apartment purchasers were well-known personalities, including Lata Mangeshkar and Asha Bhosale , highlighting the project’s high-profile nature. Litigation Timeline and Demolition 1989 – BMC ordered demolition of the top eight floors . 2019 – The remaining structure was demolished after the cooperative society resolved to redevelop the land. 2022 – Society selected Crest Residency Pvt Ltd (JV: RA Enterprises + Crest Venture) as the new developer. June 2025 – Society member Devyani Gulabsi filed a suit challe...

SUPREME COURT QUESTIONS THE GOVERNMENT: CAN ONLINE GAMING BE COMPLETELY BANNED?

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Introduction: The Apex Court Steps In The Supreme Court of India has raised a critical question — can online gaming and betting platforms be completely banned in India? This came after a Public Interest Litigation (PIL) filed by the Centre for Accountability and Systemic Change (CASC) alleged that several betting websites and gambling platforms continue to operate under the garb of “e-sports” or “social gaming.” The bench, comprising Justice J.B. Pardiwala and Justice K.V. Viswanathan , directed the Union Government to assist the court in determining the legality and practicality of a nationwide ban on online gaming. Background of the Case The PIL , filed by advocate Vishal Arun Mishra on behalf of CASC, calls for a complete prohibition of online betting and gambling. It further seeks clarity on the Promotion and Regulation of Online Gaming Act, 2025 , which was enacted to regulate the online gaming ecosystem. The court asked CASC to share its entire case file with V.C....

Safe Road Rules in Place, But Enforcement and Funding Lag Behind

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India’s rapid urbanization and vehicle growth have brought with them a troubling reality — pedestrian deaths are rising at an alarming rate . Despite strong legal frameworks and new road safety standards, implementation gaps, weak enforcement, and lack of dedicated funding continue to threaten lives on Indian roads. Pedestrian Fatalities on the Rise Official government data highlights a distressing trend: pedestrian deaths in India surged from 25,858 in 2019 to 35,221 in 2023 , marking an increase of nearly 36% in four years . This means that 96 pedestrians die every single day due to road accidents — a grim indicator of unsafe urban infrastructure. In response to this crisis, the Supreme Court of India intervened on October 7, 2025 , issuing a 35-point directive in a public interest litigation filed in 2012. The directive seeks to enforce safer road designs , pedestrian facilities , and stricter accountability for non-compliance with safety norms. Supreme Court’s Directive...

RTI Act at 20: Lapses in Transparency and Accountability Continue to Haunt India’s Information System

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As the Right to Information (RTI) Act completes 20 years on October 12, 2025 , its promise of transparency, accountability, and citizen empowerment appears to be under severe strain. A new report by Satark Nagrik Sangathan (SNS) has revealed that several Information Commissions (ICs) — the institutions responsible for ensuring citizens’ access to information — are either defunct or operating without leadership , resulting in massive delays and weakened implementation. The Current State of Information Commissions According to the SNS report, two states — Jharkhand and Himachal Pradesh — have completely defunct Information Commissions , while three others , including the Central Information Commission (CIC) , and the commissions in Andhra Pradesh and Chhattisgarh , are functioning without a Chief Information Commissioner . The situation is alarming at the central level, where the CIC — which handles appeals related to the Union Government and Public Sector Undertakings (PSUs) ...

Centre Withdraws Cuts in Udaipur Files: Delhi HC Disposes Petitions, Calls for Fresh Hearing

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In a key development for India's cinematic and legal landscape, the Central Government has withdrawn its July 21 directive recommending six cuts in the controversial film Udaipur Files . The move came during the hearing of two petitions before the Delhi High Court, which questioned the Centre's authority to override or direct the Central Board of Film Certification (CBFC) in matters of certification and content modification.