Centre for Studies & Research of Constitutional Concepts

CONSTITUENT ASSEMBLY OF INDIA DEBATES (PROCEEDINGS)- VOLUME III Monday, the 28th April 1947 REPORT OF THE UNION POWERS COMMITTEE TO THE CONSTITUENT ASSEMBLY ....We realise that, in the matter, of industrial development, the States are in varying degrees of advancement and conditions in British India and the States are in many respects dissimilar Some of the above taxes are now regulated by agreements between the Government of India and the States. We, therefore, think that it may not be possible to impose a uniform standard of taxation throughout the Union all at once We recommend that uniformity of taxation throughout the Units may, for an agreed period of years after the establishment of the Union not exceeding 15 , be kept in abeyance and the incidences, levy, realisation and apportionment of the above taxes in the State Units shall be subject to agreements between them and the Union Government. Provision should accordingly be made in the Constitution for implemen...

Inspiration from Constituent Assembly Debates   for removal of Article 370 of Constitution of India CONSTITUENT ASSEMBLY OF INDIA DEBATES (PROCEEDINGS) - VOLUME X Monday, the 17th October, 1949 Inspiration from Constituent Assembly Debates    for removal of Article 370 of Constitution of India The Honourable Shri N. Gopalaswami Ayyangar: ......The effect of this article is that the Jammu and Kashmir State which is now a part of India will continue to be a part of India, will be a unit of the future Federal Republic  India and the Union Legislature will get jurisdiction to enact laws on matters specified either in the Instrument of Accession or by later addition with the concurrence of the Government of the State. And steps have to be taken for the purpose of convening a Constituent Assembly in due course which will go into the matters I have already referred to. When it has come to a decision on t...

CONSTITUENT ASSEMBLY OF INDIA DEBATES (PROCEEDINGS)- VOLUME VII Monday, the 6th December 1948 Article 25 means paving the way for the complete annihilation of Hindu culture: Lokanath Misra Shri Lokanath Misra: But this unjust generosity of tabooing religion and yet making propagation of religion a fundamental right is some what uncanny and dangerous. Justice demands that the ancient faith and culture of the land should be given a fair deal, if not restored to its legitimate place after a thousand years of    suppression. We have no quarrel with Christ or Mohammad or what they saw and said. We have all respect for them. To my mind, Vedic culture excludes nothing. Every philosophy and culture has its place but now (the cry of religion is a dangerous cry.) It denominates, it divides and encamps people to warring ways. (In the present context what can this word propagation' in article 19(now article 25) mean? It can only mean paving the way for the complete anni...

IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (CIVIL) NO. 231 OF 2010 Shakti Vahini Petitioner(s) Versus Union of India and others Respondent(s) .....To meet the challenges of the agonising effect of honour crime, we think that there has to be preventive, remedial and punitive measures and, accordingly, we state the broad contours and the modalities with liberty to the executive and the police administration of (2013) 14 SCC 672 the concerned States to add further measures to evolve a robust mechanism for the stated purposes.   I. Preventive Steps:- (a) The State Governments should forthwith identify Districts, Sub-Divisions and/or Villages where instances of honour killing or assembly of Khap Panchayats have been reported in the recent past, e.g., in the last five years.   (b) The Secretary, Home Department of the concerned States shall issue directives/advisories to the Superintendent of Police of the concerned Districts for e...

THE RAJASTHAN PROHIBITION OF INTERFERENCE WITH THE FREEDOM OF MATRIMONIAL ALLIANCES IN THE NAME OF HONOUR AND TRADITION BILL, 2019 STATEMENT OF OBJECTS AND REASONS There has been a spurt in illegal intimidation by self-appointed bodies for bringing pressure against Sagotra marriages and inter-caste, inter-community and inter-religious marriages between two consenting adults in the name of vindicating the honour of family, caste or community. In a number of cases, such bodies have resorted to incitement of violence and such newly married couple or persons desirous of getting married have been subjected to intimidation and violence which has also resulted into their being hounded out of their homes and sometimes even murdered. Although such intimidation or acts of violence constitute offences under the Indian Penal Code, yet, it is necessary to prevent assemblies which take place to condemn such alliances as also to punish such acts of violence and criminal intimidation sev...

G S Gill President  Centre for Studies & Research of Constitutional Concepts 7300001111 gshergill55@gmail.com The Rajasthan Protection from Lynching Bill, 2019. Objectionable features of   The Rajasthan Protection from Lynching Bill, 2019 1. Presumption and presuppose of common intention. It is the basic law that when any two or more persons are to be punished for   the act of any of them ,it is to be   established by the prosecution that there was a common intention . In this Bill deliberately such wordings have been omitted while   in the Manipur Ordinance and UP Draft Bill the words "common intention" are specifically mentioned . Such omission may facilitate the prosecution /investigation to book any person which may not be knowing the intention of the main person and might have gathered simply as a spectator. For common intention it is to be proved i pre meeting of the mind before committing of the offence ii   there...