Effectiveness of Parliamentary Control over Delegated Legislation
“The Constitution of India empowers the Legislative body to create laws for the nation and it is the intensity of the chief to manage and execute the law created by the legislative body. This is an agreement with the doctrine of separation of powers. Notwithstanding regularly institutes enactments containing arrangements which draw in the executive government or determined bodies or officeholders, or the legal executive, to make guidelines or another type of instruments which, given that they have appropriately made, have an effect of the law. This sort of law is insinuated as “delegated legislation.” This provision looks like a noteworthy encroachment of the doctrine of separation of powers. This doctrine of separation of powers has been commonly ensured by a structure for the parliamentary control of executive law-making. It is accessible to parliament to give upon anyone it loves the powers which it has yet of the parliament delegates legislative power to other dominance i.e, executive, it must ensure that those powers are fittingly practiced by the administration and there is no maltreatment of such powers by the executive. Each delegate is dependent upon the position and control of the head and the action of the delegated power can for the most part be facilitated, changed, or dropped by the executive. Parliament has control in that the engaging or parent Act passed by the parliament sets out the model or limits inside which delegated legislation is made. In this paper, we will analyze Delegated legislation and how effective the parliamentary control is over delegated legislation.”
Keywords: Delegated Legislation, Parliamentary Control, Effectiveness of Parliamentary Control, Direct Control, Indirect Control, Laying.
Surrogacy
Surrogacy is a term used for the cases where couples who are unable to have a child rely on another woman who acts as a surrogate mother to carry their baby. Surrogacy was first introduced in the year 1980. And was legalized in India in the year 2002. But as the year progressed the GOI noticed some flaws and misuse of Commercial surgery. Observing this ICMR introduced some regulations to prevent the exploitation of surrogacy. As the years progressed several amendments were made to the bill. In the year 2015, the Government of India banned the practice of commercial surgery and also barred the foreign nationals, NRI’s from participating. According to a survey from the UN in the year, 2012 India was declared as the “World Capital of Surrogacy” and was known as the Cradle of the World. The iconic case of “Baby Manjhi Yamda vs. Union of India” where travel documents for a baby of Japanese parents who was conceived and born by an Indian surrogate mother revealed several flaws in the surrogate bill which further led in the several regulations of the act. In the latest Surrogacy Regulation Bill the key points focused were on facts such as the term defining infertility was revised and the process of commercial surrogacy was banned only a close relative of the couple would be eligible to become a surrogate mother and also post-delivery 36 months was defined where the couple needed to care of any medical complications that arose from the pregnancy of the surrogate mother. Even after all the amendments in the bill, India has still a long way to go to curb the presence of malpractices and misuse of surrogacy.
Status Quo of RERA in Indian Real Estate
Delay in providing possession, lack of transparency between the promoter and buyer, with embedded corruption and many other factors was the bitter reality of the Real estate sector in India. This is the second most emerging sector in India in terms of employment and market share. On 1st May 2016, an act named Real Estate Regulation and Development Act, 2016 was passed with the aim to remove hurdles in buying properties and safeguarding the rights of the consumer. Under this Act, a Real Estate Regulatory Authority was established for regulating the multi-facet problems.
The real estate sector was like an unruly horse which was moving in all directions. But the final nail in the coffin came with the formulation and implementation of RERA. This paper aims to build a contrast in the pre and post RERA India. In the pre-RERA India, there was no exclusive forum to deal with the problems of the real estate consumers, other than consumer courts or civil courts, which owed the delay grappling the issues. The Indian contract act, 1872 and the consumer protection act, 1986 used to deal with the real estate sector problems. This paper envisages to explore the impact of REAL ESTATE REGULATORY ACT, 2017.
Keywords: Real Estate, RERA, Buyers, Rights, Redressal, Transparency, Possession.
Public Interest Litigation: An Abused Jurisprudence
Adhering to the socialist model, and subsequently, aiming to accelerate and improve the socio- economic revolution persisting in the late 80’s, the Supreme Court of India fashioned an activist role since the commencement of PIL, simplified the complex procedure and completely changed the landscape of the Indian legal system. Public Interest Litigation, arising out of dire necessity to preserve and protect the rights of the backward constituents of the society, has observed a steady transgression from a tool of use to a weapon of abuse. Delving into its genesis, the authors study its birth in the Hussainara Khatoon case, the agenda and the ideology behind it, only to observe its systematic dismantling and limitless expansion, and the consequent, abuse deliberated by the Court in Balwant Singh Chaufal case. The research paper, therefore, through a thorough understanding of the jurisprudence of Public Interest Litigation in India, coupled with its practice and expansion, seeks to exhibit and analyse its stance and standing in today’s system, in context of the latter’s inception and its propounded features and rationale. The authors conclude with optimism, hope and trust towards the subject, its flag bearers- the judiciary and the masses, while devising methods and suggestions to protect and further the jurisprudence of Public Interest Litigation.
Keywords: Public Interest Litigation, Indian Legal System, Abuse, Socio- Economic Revolution
Real Time Reporting and it’s Impact on Fair Trial
Judiciary and Media are the third and fourth pillars of every democracy in the world. Every Country endeavours to balance free press vis-a-vis the provisions of a fair trial. The idea of live reporting via social media in India has been a matter of debate for a long time. Real-time updates of hearings on social media are today a reality. The bone of contention that this presents is that will live reporting violate the process of a fair trial?
Keeping the importance of the same in mind the researcher by virtue of the paper aims The Relationship between Media, Judiciary and administration of justice along with the provisions of fair trial vis-à-vis freedom of media.
Keywords: Media, Judiciary, Fair Trial, Rights of Accused, Freedom of Expression, Media Trial.