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8th March- The Hindu Editorial - Part-2 (in Hindi)
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Subhodeep Das
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8/10 thanku Roman Sir
nice explaination sir
  1. THEDU EDITORIAL DISCUSSION gth March THE HINDU


  2. The imperial cabinet and an acquiescent court The Supreme Court has squandered the chance to rein in an increasingly powerful Central executive UBHODESP


  3. Supreme Court has frequently found itself in the headlines. landmark judgments on fundamental rights: decriminalising same-sex relations and adultery, opening up Sabarimala to women of all ages, and (partially) upholding Aadhaar. And soon after that, the court was in the eye of a political storm. S.C. - decisions that have attracted less attention court's findings on the legal status of "money bills" (a part of its Aadhaar judgment) its judgment on the distribution of power between the Central government and the government of Delhi. UBHODESP


  4. These two decisions were about constitutional structure: about the balance of power between the different organs of the state, the federal character of the Republic, and fundamental questions of democratic accountability. We are often tempted to think that our rights and freedoms depend upon the Constitution's fundamental rights chapter. There are other important ways, however, in which a Constitution guarantees freedom It does so, also, by dividing and distributingpolitical power between state organs in order to avoid concentration of authority, and to ensure that these different organs act as checks and balances upon each other. UBHODESP


  5. Despite strong protests, the Aadhaar Act was passed as a money bill. This affected a crucial element of our constitutional structure: bicameralism. Bicameralism, in our parliamentary democracy, requires that a bill must be scrutinised and passed by both Houses of Parliament before it becomes law The Lok Sabha represents the voice of the democratic majority. The Rajya Sabha represents the interests of the States, as well as perspectives free of immediate, electoral interests. The basic idea is that law-making is a balanced and deliberative process, not an exercise in pure majoritarianism. The crucial purpose of the Rajva Sabha is to act as a check and a balance upon the Lok Sabha UBHODESP


  6. Anti-defection - end of intra-party democracy: individual MPs could no longer vote according to their conscience, and had to follow the diktats of the cabinet. Money bill, however, takes the Rajya Sabha out of the equation: it only needs Lok Sabha approval skews the democratic process. The Aadhaar Act, which established a biometric database and set up an authority (the UIDAI) to administer it, could not in any sense be called a "money bill" simply because the funds for the Authority came from the Consolidated Fund of India UBHODESP


  7. Second case: dispute between the central government (acting through the Lt Governor) and the government of Delhi. This dispute effectively turned upon the text of Article 239AA of the Constitution, a somewhat ambiguously drafted provision establishing Delhi as a hybrid federal entity somewhere between a State and a Union Territory In July 2018, while considering the overall constitutional position, a five-judge bench of the Supreme Court made it clear that, wherever the constitutional text was capable of more than one interpretation, the court would favour a reading that increased democratic accountability that is, in case of doubt, power would lie with the government that had been directly elected by the people (in this case, the Delhi government) UBHODESP


  8. The February 2019 judgment bears very little evidence of democratic concerns: the heart of the dispute was about control over the civil services, which directly impacted day-to-daygovernance. While the constitutional provisions themselves were ambiguous, one judge held that the Delhi government had no control over civil servants above a certain rank while another judge held that the Delhi government had no control over civil servants at all The impact of these decisions will not be felt immediately, but in the long run, unless set right UBHODESP


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