Indian Journal Of Legal Review Issn 2583 2344

Category: Volume 2 and Issue 3 of 2022

  • Current Status of Right to Reject (NOTA)

    Shwet Kamal

    Student at Central University of South Bihar, Gaya (Bihar)

    Current Status of Right to Reject (NOTA)

    Best Citation – Shwet Kamal, Current Status of Right to Reject (NOTA), 3 IJLR 95, 2022

    ABSTRACT

    The country we love has a constitution which looks upon the freedom of speech and expression as one of the most important hallmark of a free democratic society. Article 19(1) (a) confirms the freedom of Speech and expression of every citizens and right to reject is one of the facet of it. The will of the people is the basis of the authority of government; this will is expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures. In the case of PUCL v. Union of India , the Apex Court of India held that rules 41(2) & (3) and 49-O of the Conduct of Election Rule, 1961 are ultra vires to the section 128 of the Representation of Peoples Act, 1951 and Article 19(1) (a) of the Constitution of India to the extent they violate secrecy of voting. The Court further directed the Election Commission to provide necessary provision in the ballot papers or EVMs and another button called “None of the Above” (NOTA) may be provided in EVMs so that the voters, who come to the polling booth and decide not to vote for any of the contesting candidates, are able to exercise their right not to vote while maintaining their right of secrecy. However, if NOTA gets the maximum votes election is not nullified. To implement the right to reject fully, it has been argued that good governance is one of the motivating factor behind the right to reject and it cannot be successfully achieved without nullifying the election if NOTA gets maximum votes.

    Read more

  • The level of Gender Neutrality in Indian Constitution

    Ajitesh Kunder

    Amity Law School, Amity University, Noida, Uttar Pradesh

    The level of Gender Neutrality in Indian Constitution

    Best Citation – Ajitesh Kunder, The level of Gender Neutrality in Indian Constitution, 3 IJLR 103, 2022

    Abstract

    We have talked about gender difference for eras. If we say equality, it means that both men and women should be equal, but if we talk about the Indian Constitution, it is far from reality. It is true that women in India face lot of discrimination in various fields due to which special provisions have been made in the Indian Constitution, but unfortunately, many such provisions are highly biased towards the people of other gender identities apart from women of the country . Especially, men seem to be victims of the so-called women empowerment legislations. Section 377 has been scraped by the Hon’ble Supreme Court but still it is extremely painful to even think that the LGBTQ+ community are not being accepted in our society and even the Constitution of India is biased towards them in many aspects. All the above issues go against the goals of the Preamble and violates the basic Fundamental Rights of the citizens especially males and the third gender.

    Key Words: Biased, LGBTQ+ Community, Women, Men, Reservation, Discrimination, Fundamental Rights, Constitution, Gender Neutrality.

    Read more

  • The Constitution and Human Rights in India

    Bhavesh Khatri

    Student at BM Law College, Jodhpur, Rajasthan

    The Constitution and Human Rights in India

    Best Citation – Bhavesh Khatri, The Constitution and Human Rights in India, 3 IJLR 107, 2022.

    Abstract

    Human Rights are the rights and privileges that form the condition for the peaceful coexistence and for individual growth in the society. With fresh memories of the awful violations of human rights in the colonial period, after the independence, the law makers were in a complete agreement of enshrining the human rights in the Indian Constitution, so the law of the land is there to protect the citizens from any such future infringements. Human rights have existed in the society for ages and will continue with the humanity as absence of human rights would destroy the harmonious coexistence. The Constitution encompasses many of the rights of the International Bill of Rights within it, majorly present in the Fundamental Rights (Part III) and the Directive Principles of the State Policy (Part IV) of the Indian Constitution. India has not accepted the International Bill of Rights as such, it has taken inspiration from it and modified them to suit and serve the needs of India. Apart from the Constitution as the savior of the human rights, the role played by the Judiciary to ensure justice and human rights to everyone is commendable. The courts have played a pinnacle role in interpreting the circumstances of the cases and enforcing the suitable right. The Judiciary has not only ensured justice in the field of human rights but has also widened the scope of the existing rights to make them more meaningful and comprehensive. But there exist various challenges to the human rights due to the changing world dynamics, which require the constitution and all the organs of the government working in coherence with each other and may even require international cooperation to overcome such issues, which if not worked upon may lead to human crisis.

    Read more