Author: LEXPEEPS editor

Background

The Constitution has been modified multiple times in order to keep up with societal changes. The Constitution was written to build an equitable society in which social, economic, and political justice are preserved, as well as equality of position and opportunity for all. Amendments to the Constitution are also made with the same goal and intent in mind. According to India’s legal history, anytime the Supreme Court issued a ruling on reservations, the Parliament would either reject or restrain the uncomfortable judicial declaration by amending the Constitution. One such example is the ratification of the Constitution (One Hundred and Third Amendment) Act, 2019, which aimed to grant reservations to economically disadvantaged parts of society.

The Constitution Amendment Act of 2019 amended Articles 15 and 16 of the Indian Constitution. These two clauses provide the foundation of reservation in sectors like education and government employment. The legislation enabled the state to grant a maximum of 10% reserve for “economically weaker parts” of society by inserting two additional articles into Articles 15 and 16 of the Constitution. As a consequence, the total number of reservations over and above the existing programme has risen to 59.50 percent.

Need for the 103rd Amendment

1. This specific amendment will deal with a problem that is prevalent in India, which is the upper caste pupils who were unable to attend public employment and further education owing to improper family financial structure.
2. Also, many of the upper caste residents live in poverty and starvation.
3. The higher caste poor will be able to receive the same level of quota as OBC thanks to this adjustment to the reservation policy.
4. The upper caste used to despise people who entered the country through reservations, but this amendment will help to end that practice.

What were the Amendments and the Additions?

1. The Amendment added clauses 15(6) and 16(6) to the corresponding provisions of Articles 15 and 16 of the Constitution, respectively.
2. The amendment gave the state the power to pass legislation aimed at “advancing any economically disadvantaged portion of citizens other than the classes indicated (in the preceding provisions).”
3. Article 15(6)(b) specifically mentions “admission to educational institutions including private educational institutions, whether aided or unaided by the State, other than the minority educational institutions referred to in clause (1) of article 30. Article 15(6)(a) discusses allowing the enactment of special provisions of any kind.
4. EWS reservations are required per Article 16.6 in situations involving “appointments or postings.
5. The Act specifies a 10% cap on this reserve as its maximum.

The requirement for amending Constitutional clauses

For social and economic advancement, the Constitution is modified. In the case of Keshavanada Bharati v. The State of Kerala (1973), it was noted that the people would turn to extra-constitutional tactics, such as a revolution, to modify the Constitution if no provisions were created for its amendment. Politicians have characterized the federal constitution as stiff because of the way amendments are made in federations. The American Constitution’s amending process is exceedingly challenging. The federal Constitution is frequently criticized for being overly conservative and for being too difficult to change.

The Indian Constitution was therefore drafted in a way that would allow it to adjust to the shifting needs and circumstances of an expanding people in order to avoid becoming inflexible. However, the framers did not want to make the Constitution overly pliable since it would have allowed the ruling party to play to its whims and fancies. The Constitution may be changed since it is neither too strict nor too flexible. According to Willis, there would always be a risk of revolution if no provisions for the amendment were made to the United States Constitutional Law. The risk of taking action that is too quickly would always exist if the technique of the modification were too simple. Our political institutions would be at risk of being overthrown in any scenario.

Therefore, the goal behind altering the Constitution under Article 368 was to bring about societal transformation. The Constitution’s amendment process functions as a safety valve designed to maintain the document’s provisions and to allow for amendments if needed. The risk of having a non-amendable Constitution and the risk of a Constitution that is too easily amendable have therefore been balanced by the constitution-makers.

The challenge to the Constitution’s validity

The Constitution’s “Identity” is formed by certain structural concepts, which include federalism, equality, freedom, secularism, independence of the judiciary, power of judicial review, democratic form of government, republican form of government, and others. The basic structural theory established this, thus it cannot be changed without destroying the constitution’s unique character. The Supreme Court ruled in the precedent-setting case of Kesavananda Bharati v. State of Kerala that the Parliament’s ability to amend the Constitution under Article 368 is not absolute and that even a Constitutional amendment can be invalidated if it has the result of destroying or repealing the “basic structure” of the Constitution.

A government office memo from the P.V. Narasimha Rao administration in September 1991 set aside 10% of positions for “other economically deprived categories.” In Indra Sawhney v. Union of India, the Supreme Court overturned this judgment. The court examined the legality of the quotas in Indra Sawhney v. Union of India and Ors., carefully analyzing the idea of backwardness. As per, Dr. BR Ambedkar, the classes of people for whom reservations were to be introduced are those “communities who have not had thus far representation in the State.” Indra Sawhney, where it was believed that the Constitution allowed for “appropriate representation” rather than “proportionate representation,” explains one of the reasons why the quota limit was set at 50%.

The following is a list of some of the crucial decisions made in the Indra Sawhney case regarding reservations:

• It upheld the 27% OBC reservation with the condition that the “creamy layer” excluded.
• It declared that a backward class of citizens cannot be established solely and exclusively with regard to economic backward criteria and nullified the 10% quota for economically backward portions.
• It was decided that the reservations made for backlog or carried-forward vacancies were valid; should not exceed 50% of the annual appointments
• It was decided that reservations may only be issued for a service or category if the State was satisfied that the representation of people from the underprivileged class was insufficient.

Does the action contradict the Constitution’s basic structure doctrine?

Youth for Equality, a non-profit organization, filed a Public Interest Litigation with the Supreme Court under Article 32 of the Constitution, alleging that the legislation’s decision to grant a ten percent reservation to students from economically disadvantaged groups in public and private educational institutions violates the fundamental principles of the Constitution and supersedes earlier rulings.

The question that emerges initially is that can the basic rights be amended? This can be explained by the 1951 case of Shankari Prasad v. Union of India, in which the constitutionality of the First Amendment Act of 1951, which included Articles 31 A and 31 B, was contested. The argument against the Amendment was that it violates the rights granted by Part III, which is prohibited under Article 13(2) and is therefore invalid. It was argued that because Parliament is included in the definition of “state” in Article 12, the term “Law” in Article 13(2) must also refer to a constitutional amendment.

The next issue is whether the Constitution’s fundamental principles are violated by the Act. The solution may be found by first defining the idea of the fundamental structure before concluding. Although the courts have made various rulings in this regard, they have not defined the idea of the Constitution’s fundamental structure. The idea was debated in the well-known Kesavananda Bharati Case, in which the petitioners actually contested the legitimacy and scope of Article 368, arguing that it lacked any restrictions and so ran counter to the fundamental principles of the constitution.

Critical evaluation

The Indian Constitution establishes an “equality code” to address historical injustices and the obvious inequality in higher education and state jobs. Everyone is guaranteed equal protection under the law and equality before the law under Article 14.

In M.R. Balaji v. State of Mysore, the Supreme Court declared that the reservation should not exceed 50% and overturned the 68% restriction imposed by Article 15 (4) on admissions to medical and engineering institutes in the (then) State of Mysore. According to the rationale behind the “50% ceiling” for reservations in the M.R. Balaji case, the exception cannot supersede the rule. There is nothing to prevent the State from exceeding the “50% ceiling” for reservations if Article 16(4) does not constitute an exception to Article 16(1), provided that the total population of the underrepresented classes is not itself less than 50%. In India, nevertheless, this is not the case.

However, the Supreme Court determined in State of Kerala v. N.M. Thomas that Article 16(1), which is a component of the equality theory, allows for the reasonable classification of all people who are in a comparable situation with regard to a statute identical to Article 14[11]. In other words, even without Article 16(4) of the Indian Constitution, Article 16(1) itself enables reserves and preferential treatment.

In other words, even without Article 16(4) of the Indian Constitution, Article 16(1) itself enables reserves and preferential treatment. Article 16(4) only seeks to make explicit what is already implicit in Article 16 and does not seek to be an exception to Article 16(1). (1). The alternative argument, on the other hand, contends that Articles 15(4) and 16(4), which allow for racial and ethnic minorities in public employment and education, are “exceptions” to Articles 15(1) and 16(1)’s provisions for equality and non-discrimination, and that therefore, exceeding the “50 per ceiling” constitutes reverse discrimination. Indra Sawhney’s decision by the Supreme Court, in essence, constitutes a compromise between M.R. N.M. and Balaji Thomas. It established a compromise between nominal equality and substantive equality by reinstating the “50% ceiling” norm.

Conclusion

The Constitution has been amended and introduced in order to stay up with societal advancements. In order to assure economic upliftment for the populace and to offer benefits to those who experience unemployment and are unable to pay for their school costs, the Constitutional Amendment Act, 2019 has also been proposed and passed. The other fundamental rights and other Constitutional provisions are not in any manner at odds with the Act. It may be said that by revising the Act, the government has given all people equal rights and benefits in terms of economic advancement and has in reality acceded to the Constitution of India’s requirements.

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Citations

1. The Gazette of India.
2. Indian Constitution, art. 15.
3. Indian Constitution, art. 16.
4. Kesavananda Bharati vs State Of Kerala And Anr , 1973.
5. The Constitution of the United States: A Transcription | National Archives. (2015, November 4). National Archives. https://www.archives.gov/founding-docs/constitution-transcript
6. Indian Constitution, art. 368.
7. Indra Sawhney Etc. vs Union Of India And Others, Etc., 1992.
8. Sri Sankari Prasad Singh Deo vs Union Of India And State Of Bihar, 1951.
9. M. R. Balaji And Others vs State Of Mysore, 1962.
10. State Of Kerala & Anr vs N. M. Thomas & Ors, 1975.

This article is written by Puneet Kaur, a second-year student.

About the Organization

In Shamirpet, Hyderabad, Telangana, India, there is a national law university called the National Academy of Legal Studies and Research. It is a public law school and one of the first colleges to provide a five-year BA LLB programme in the country. It was started back in 1998.

About the Responsibilities  

The National Human Rights Commission-sponsored initiative is seeking research interns, and NALSAR University of Law, Hyderabad is accepting applications.

Location

NALSAR University of Law, Hyderabad

Openings

2

Time Period

2 months (max.) starting November 1, 2022

Stipend

Yes, Rs. 10,000/-

Eligibility

• Students in their undergrad or recent graduates with a focus on social science and/or legal studies, particularly in the intersections of gender, culture, and linguistic diversity in child education. Telugu or Marathi-speaking applicants would receive preference. Daily responsibilities for the chosen intern will include data processing support for the research team, report writing, and desk research.

Deadline for Applying

September 10, 2022

How to Apply?

Interested candidates may apply from here: –   resume, a statement of purpose (SoP), and transcript of records (ToR) from the previous semesters to chimiralauma@nalsar.ac.in

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About the Organization

New Delhi serves as the home office for Tahir Ashraf Siddiqui Chambers of Law (“TASC Law”). Legal services are provided by TASC Law using a client-centered, solution-based approach. We at TASC Law are experts at bringing the law to your side.

In order to protect the interests of its customers, TASC Law provides comprehensive services across a range of practise areas. The highest standards of services are upheld and given to clients with ease. The goal of TASC Law is to assume full accountability for their work and offer clients a tailored solution to reduce the stress related to the legal processes by evaluating the special needs and developing a distinctive strategy that is most appropriate for the facts of the case. We take pleasure in our comprehensive approach and in our understanding of both general and specific laws, which enables us to effortlessly combine one component with another and create the best possible strategy for the customer.

About the Responsibilities  

TASC Law is seeking applicants for a Delhi-based litigation internship.

How to Apply?

Interested candidates may apply from here: –   info@tasclaw.com or by https://lnkd.in/dC62YVQy

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About the Organization

In order to promote charitable and nonprofit enterprises, Pacta offers legal and policy support. We offer advice to foundations that excel in the global south’s WASH, gender, public health, and education sectors. For the verticals of setup, operations, compliance, policy, research, advocacy, and measurement & evaluation, Pacta offers legal support. For non-profit organisations seeking institutional funding, Pacta offers specialised options. We are knowledgeable with charitable giving and the various grant-making and grant-receiving financing mechanisms, and we assist customers in formalising funding arrangements for social impact and research objectives.

Laws and policies affecting K–12 education, higher education, teacher preparation, and education for children with disabilities are specific areas of specialisation. Intellectual property in the context of traditional performing arts in India, open-source learning materials, and the rights of marginalised performing artists are all topics of interest. We also assist organisations in becoming POSH compliant and provide external POSH committee members.

About the Responsibilities  

For the months of September 22 through December 22, Pacta is hiring the following interns to help with fascinating research at the nexus of technology, philanthropy, urban development, labour, and disability.

• Policy Interns for Field Data Collection and Quantitative Research
• Legal interns for legal and policy research (4th and 5th year law students only)

Location

Bangalore office or remote.

How to Apply?

Interested candidates may apply from here: –   hello@pacta.in with a sample of your writing/work, why the internship interests you and your availability.

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INTRODUCTION

Worshippers can unleash a temple’s full potential by liberating it. Temples can be elegantly and superbly maintained if they are left in the care of the worshipers. There are many different ways and modules that a temple can run. The gurudwaras provide the community with free meals in the form of langars, which helps many people by feeding the hungry. In a similar way, a budget and a plot of land should be allocated to temples so that they can focus the majority of their resources there. They would be able to perform a vast array of extra activities, such as helping during the current epidemic stage and during natural disasters like earthquakes and tidal waves. They are then able to respond to disasters more quickly and efficiently than the government because of their strong relationships with the community. The government cannot do this since funding is channeled through the system. Temples are not just places of worship; they also contain art, history, and culture. Particularly in the state of Tamil Nadu, the temple tower serves as the state emblem. Since the temple is the centre of India, there are several “temple towns” there.

Because of their close ties to the community, they are able to respond to crises more swiftly and effectively than the government. Due to the system’s financial flow, the government is unable to accomplish this. Temples are not just places of prayer; they also house works of art and cultural artefacts. The temple tower is used as the state emblem, especially in Tamil Nadu. There are numerous “temple towns” there since the temple served as India’s administrative centre.

CONTROL BY THE GOVERNMENT OVER HINDU TEMPLES IS ILLEGAL

During a conference conducted in Delhi a few years ago, more than a dozen lawyers, campaigners, and other leaders of civil society expressed concern regarding the “illegal” government ownership of Hindu temples. As stated by Swami Paramatmanandaji, the secretary of HDAS, HDAS has petitioned the Supreme Court to challenge the constitutionality of certain State Acts that govern temples. The symposium was organized by HDAS. A Supreme Court attorney named Pinky Anand argued that the law’s clauses authorizing the government to occupy temples were invalid and unenforceable.

The leader of the Temple Worshippers Society claims that the government has seized control of hundreds of temples that have assets worth millions of dollars. The Tamil Nadu Hindu Religious and Charitable Endowment Act, which was passed in 1959, reinstated the same provisions that the Supreme Court had declared “illegal” in the Madras Hindu Religious and Charitable Endowment Act 1951, which dealt with the appointment of executive officers in temples, he claimed. Several speakers emphasised the need for equality between Hindus and minorities while using Hindu victimisation and “discrimination” by the Indian government, court, and other state institutions as a bogey.

Former Chief Justice of the Punjab and Haryana High Court, Rama Jois said an 11-judge Supreme Court bench decided that minorities did not receive any special benefits under Article 30 of the Constitution. There is no need for a “right,” only a “protection.” “No organization or person should be given an advantage.” Hindus needed to employ other methods of agitation and building pressure since, in the opinion of Vishnu Sadashiv Kokje, the issue of governmental authority over temples could not be settled in court. K.N. Bhat, a Supreme Court lawyer who represented Lord Ram in the Ram Janmabhoomi case, cautioned that judicial remedies were fraught with uncertainty.

DEMAND TO UNCONTROL TEMPLES FROM THE GOVERNMENT

Religious institutions and places of worship in our nation have contributed significantly to the social and cultural fabric of our nation for millennia. According to data from the 2011 Census, there are roughly 30,00,000 places of worship in the United States as an example (Kishore, 2016). Hindu temples likely make up the majority of these, even though we don’t know their exact number. India has had government authority over temples ever since British rule, a position that was further cemented after independence by a number of state-level laws. All temples under their jurisdiction are currently governed by state endowment organizations. Given their poor performance throughout time in several areas, many have questioned whether it is a good idea to have temples controlled by the government. The demand is for the government to relinquish control over the temples. Court cases have recently been argued, and a private member’s bill has recently been introduced in parliament. In view of the Covid-19 pandemic debate, Hindu religious trusts should enjoy the same freedom from governmental oversight as Muslim and Christian religious trusts do. State governments in India oversee more than 4 lakh temples, but there is no corresponding control over Muslim and Christian religious institutions. The “Hindu Religious and Charitable Endowments (HRCE) Act 1951,” which enables state governments to seize and control temples and their properties, is being called for modification.

More than 15 State governments oversee purely Hindu religious establishments, mainly temples, from the selection of temple administrators to the collection of service fees ranging from 13 to 18 per cent. The neighbourhood won’t be able to protect its own best interests as a result. They argue that this is unfair as only the Hindu community is targeted for such discrimination. In this scenario, secularism is violated. Additionally, as stated in the constitution, religious organizations in India cannot be administered by the government.

It is asserted that the British acquired control of the temple’s treasures after the Mughals. By enforcing the HRCE Act in 1951, the Jawaharlal Nehru administration continued its strategy of overseeing temples after India gained independence. This type of supervision is not present in mosques or churches. We also demand that all types of control be removed from temples. Famous Supreme Court attorney J. Sai Deepak urged the government to amend the Act, which he felt was the root of the issue. Tradition holds that the “Raja” (king) has no right to the wealth of the temple. It’s interesting to note that the Supreme Court has mandated in at least three landmark rulings that state governments hand up control of religious organizations to the people. This has not, however, been the case up until this point. Two petitions on this matter are currently being considered by the Supreme Court.

The former chief minister of Maharashtra and well-known Congress leader Prithviraj Chavan recently caused controversy by urging the government to seize all the gold owned by national religious trusts, which he estimated to be worth at least $1 trillion. He claims that gold bonds can be used to borrow gold at low-interest rates. “All religious trusts” is a general word that includes gurudwaras (Sikh) and temples (Hindu and Jains), both of which only accept gold as donations.

The Indian Constitution forbids discrimination based on religion, claims Vinod Bansal, the VHP’s national spokesperson. “However, there remains discrimination when it comes to the management of religious trusts.” I think it’s important to correct the errors that the British and the Nehru administration made in the past. He believed that Hindu religious trusts should be treated equally to Muslim and Christian religious trusts. The “Trust is a legal body,” hence it has reasonable or acceptable legal ramifications as well. A god’s offerings of gold and other materials are cherished as holy items. Since no one has the legal right to give it up in any situation, the gold monetization programme is also a hoax. Any plan to remove religious sites is forbidden by Articles 25 and 26 of the Indian Constitution. The Constitution, however, clearly says that nobody has the power to interfere with religious autonomy.

The evolution of the Gold Monetization Schemes was significantly influenced by state control of temples. State governments force temples to sell their gold even when they don’t want to. This issue is caused by state control over temples, which is illegal and discriminatory. Any plan that does not return the capital in gold causes a loss to the community. According to the reports, local governments are in charge of the majority of the temples in South India. The state government of Andhra Pradesh now controls about 34,000 temples. Just 7% of the Rs. 3,500 crore in contributions to the Tirupati Balaji temple were utilized to maintain the shrine. There have been several artefacts found for sale in the UK. As a secular nation, India should treat Hindu temples similarly to mosques and churches, according to one Indian official. From 1840, the British Government started to give up authority over the temples. The most well-known mutts in Tamil Nadu were chosen to represent some of the state’s most renowned temples and shrines.

CONSTITUTIONAL VALIDITY OF THE HINDU RELIGIOUS AND CHARITABLE ENDOWMENT ACT

For the purpose of governing Indian democracy, there is a written constitution. Hindus make up the large bulk of the population in this area. Hinduism, one of the oldest religions in the world, is practised in India. Hinduism features a number of sub-castes, each of which has a unique colour and shape. In terms of caste and sub-caste, there are variances from state to state or area to region. There are also significant differences in how things are done. When Hinduism is at its best, it can be seen as an example of harmony among differences. It is based on ancient texts like the Vedas, Upanishads, Geetha, and others. Many people see Hinduism as a way of life. Hinduism, for instance, permits the worship of inanimate objects such as Ashwathavriksha, Nagadevatas, the earth, and the sea. These are but a few examples.

HISTORICAL BACKGROUND OF THE HINDU RELIGIOUS AND CHARITABLE ENDOWMENT ACT

From 1840, the British Government started to give up authority over the temples. The most well-known mutts in Tamil Nadu were chosen to represent some of the state’s most renowned temples and shrines. When the Mutts assumed control of these temples, they made sure to obtain written assurances, or “Muchalikas,” from the British Government that the temples would never be returned to the Mutts as had been promised.

As a result, the Mutts obtained complete control over and ownership of a number of important temples, which they successfully managed. The Heads of Mutts and officers never lost sight of the fundamental justifications for worship or the usage of funds meant for ritualistic practice and temple upkeep. Hundreds of additional temples in the former Madras Presidency were left up to their various trustees, even though the Mutts managed a handful of them successfully. The previous Government had little to no duty in overseeing them.

The Madras Hindu Religious Endowments Act, of 1923 was a piece of legislation intended to enhance the management and administration of specific religious endowments (Act I of 1925). According to the Act, there are two different sorts of temples: excepted temples and non-excepted temples. The law was challenged as soon as it took effect on the grounds that it had not been legitimately passed. As a result, the assembly passed the Madras Hindu Religious Endowments Act, of 1926 (Act II of 1927, abolishing Act I of 1925).

There have been several changes made to this statute. There is no need to provide the most recent modifications. Let’s just say that there were ten revisions to the Act by the year 1946: Act I in 1928 (Act V in 1929), Act V in 1929 (Act IV in 1930), and so on. Act XII of 1935, on the other hand, brought about a significant change. The Government did not like the Board’s current powers, so they introduced Ch. VI-A, which allowed the Board the freedom to notify a temple for whatever reason it saw fit. As a result, the Board had established its authority to capture and manage temples before India gained its freedom. The Government’s vile behaviour only affected Hindu institutions.

It is important to note that the Board started the notification process for the Chidambaram Shri Sabhanayagar Temple in 1950 despite orders from the Madras Government to stop the notification process in 1947 and an order from the Hon’ble Madras High Court in 1939 prohibiting the Board from starting the notification process on petty grounds. India became a Republic on January 26, 1950, when it was freed from British rule, and its Constitution gave Indians certain basic rights. Parts of religious denominations gained unique religious and legal privileges. The Board also made an attempt to acquire control of three more temples, all of which are run by Gowd Saraswath Brahmin sects: Guruvayurappan, Udupi, and Mulkipetta’s Shri Venkataramana.

Each of them challenged the authority of the HRCE Board over the aforementioned religious entities. In the meanwhile, a new Hindu religious law known as the Hindu Religious and Charitable Endowments Act, 1951, was passed by the Madras government. Since the Constitution upholds the right of individuals to practice their religion freely, it may seem strange that the government participates in religious organizations through the Statutory Boards. Temples are not mentioned in the Vedic Collection of Hymns and Prayers. In the region where the fire was ignited, it was claimed that sacrifices were made. In the later Brahmana period, temples for the gods were constructed. Due to a growing desire to acquire religious virtue, endowments like land were created for religious purposes at a later age. As a result, Hindu temples are created, funded, and preserved for the benefit of the larger Hindu population. A law was made to better manage, protect, and maintain temples and the endowed properties that are connected to them in order to accomplish goals while adhering to reasonable restrictions that do not restrict religious freedom as guaranteed by the constitution.

CONCLUSION

From the information provided above, it is evident that India must be free from government control or, at the very least, give believers the chance to manage religious institutions and carry out activities that they desire and are advantageous to the general public; the government should also support this effort as it will reveal which individuals are most qualified to oversee religious institutions. It’s also likely that followers abuse their power as it’s common in India to make money off the names of holy places and many well-known people visit India to take part in this corruption. But the government must at least give the devotees something. Hinduism is one of India’s oldest religions, having existed for countless years. Unless they are directly at odds with the Indian Constitution, these beliefs, rituals, and traditions should be preserved because they have existed for thousands of years. Therefore, even while Article 25 protects the right to practise one’s religion, any religious institution’s poor management and financial irregularities must be dealt with firmly for the sake of maintaining temple discipline. The state must strike a fine balance between upholding temple worshipers and temple administration in accordance with the Indian Constitution. Because the statute is deemed to be discriminatory in this instance, it must be ruled unconstitutional on its whole rather than being partially severed.

The Government should establish a commission for temple affairs that includes all non-Hindu religious leaders, matadipathis, religious experts, social reformers, and other experts in accordance with the Supreme Court’s decision in the case of The Commissioner, Hindu v. Sri Lakshmindra Thirtha Swamiar, and then pass a uniform law in accordance with that decision. Depending on their religious convictions and the fundamental principles of our constitution, the government may also take different regulatory approaches for temples, math, Jain communities, etc.

The legislature, which finally decides whether or not to adopt religious reformative legislation, is in charge of establishing a consistent legal framework for Hindu sects. In accordance with the Constitution, we would defer to the legislature’s decision. Even though it’s crucial to note, we believe it’s proper for the government to outlaw any immoral or corrupt practices in Hindu organizations, if any are there at all. This would be a significant improvement for Hindu temple reform. It was necessary to enact the Hindu Religious & Charitable Endowment Act in order to better manage, safeguard, and preserve India’s temples and their endowed properties as well as to carry out its stated purposes within constraints that do not interfere with the right to practice one’s religion guaranteed by the Indian Constitution.

REFERENCES

1. Need for Government Control over Religious and Charitable Endowment.- Sunder Singh Yadav, Assistant Professor, Government P.G. Law College, Alwar, Rajasthan. In Journal of Advances and Scholarly Researches in Allied Education | Multidisciplinary Academic Research.
2. Ronojoy Sen (2007). Legalizing Religion: The Indian Supreme Court and Secularism, East-West centre Washington.
3. The National Foundation for Communal Harmony, Secularism and the Law, New Delhi, 2010.
4. B.R. Haran, HR & CE Act: A Fraud on the Constitution, bharatabharati.wordpress.com.
5. T.R. Ramesh, HR & CE Act
6. The Object of the HR & CE Act, www.malabardevaswom.kerala.gov.in.

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This article is written by Bhagyashri Neware, doing LLM(2021- 2022) from Maharashtra National Law University, Aurangabad.

About the Advocate & Responsibilities  

A practising attorney at the Delhi High Court is Kanay Pisal. For his litigation chambers in Delhi, Kanay Pisal, who has more than 15 years of experience, is seeking to engage two (2) serious and diligent junior counsels.

Location

Delhi (physical) is followed by a 15–20 day review period for the online evaluation.

Salary

Yes, Minimum Remuneration would be Rs. 30,000/- (upto 40k) per month + actual standard travel allowances (separate).

Eligibility

• PQE: 1-3 years

Preference to

• Candidates with solid academic records and prior experience in draughts;
• Candidates who have excelled in academic co-curricular activities such as mooting, publication, and other similar activities;
• People with past experience working in the Supreme Court’s and Delhi’s High Court’s litigation chambers.

How to Apply?

Interested candidates may apply from here: –   kanay@live.com

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About the Organization

Located in New Delhi, India, Sakshar Law Associates is a full-service law company. We are dedicated about giving our customers the best legal representation available. We think well-considered legal solutions should be simple to understand and easy to use. We make an effort to follow these principles while working.

About the Responsibilities  

Sakshar Law Associates offers a vacancy for an internship this month. The intern will be responsible for supporting us in our ongoing business and legal problems.

How to Apply?

Interested candidates may apply from here: –   saksharlawassociates@gmail.com

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About the Responsibilities  

The following positions are available right away with Anand Sharma & Associates Solicitors and Advocates (Delhi) for their corporate team:

For the following positions, these are:

1. 2-4 years of PQE in mergers & acquisitions, tax law, real estate law, banking law, and FDI legislation for junior associates. There is room for negotiation in the salary being given for this post, which is INR 35,000 per month.

2. Senior Associate: A lawyer with at least 8 years’ experience who specialises in mergers and acquisitions, tax law, real estate law, banking law, and FDI law. With opportunity for negotiation, the salary being offered for this role is INR 1,25,000 per month.

3. Corporate Counsel – A lawyer with 5-7 years of experience. With space for negotiation, the salary being offered for this post is INR 80,000 per month.

4. A Chartered Accountant (C.A.) with in-house experience who specialises in forensic audits and has 2-4 years of experience. With opportunity for negotiation, the salary being offered for this post is INR 50,000 per month.

How to Apply?

Interested candidates may apply from here: –   asharmaassociates53@gmail.com

Disclaimer: All information posted by us on Lexpeeps is true to our knowledge. But still, it is suggested that you check and confirm things on your level.

For regular updates, we can catchup at-

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The Centre for Regulatory Studies, Governance and Public Policy (CRSGPP), WBNUJS is making a call for papers for its online Journal of Regulatory Studies Governance and Public Policy.

ABOUT

The Journal is uniquely construed for extending beyond articulating and conceptualizing the problems that plague society but aims at invoking action based on the issues raised in the publication.

The Journal is primarily concerned with governance and policy formulations, does not seek to restrict the scholars’ creative minds, and encourages papers pertaining to law, social science, science, and other relevant issues in which intervention at various levels can be sought.

THEME

The Journal invites contributions on the subject areas focusing on legislative policy, administration of justice, implementation of law, and comparative study of policy implications.

NUJS Journal of Regulatory Studies is a quarterly online journal bearing ISSN no. 2456-4605 (O) and actively contributes to the existing knowledge base since its first publication in 2016.

ELIGIBILITY

NUJS encourages and welcomes original research work from research scholars, faculties, bureaucrats, scientists, and students to enrich the Journal.

SUBMISSION GUIDELINES

• Contribution to the Journal shall be accepted only by the original authors.
• A maximum of four authors can be accommodated as joint authors. The first author shall be ordinarily treated as the corresponding author. It is the prerogative of the authors on the principal authorship or authorship order.
• Authors must provide their affiliation with complete contact details, including postal and email addresses and mobile numbers.
• It is the author’s responsibility to disclose any potential conflict of interest regarding the Manuscript.
• Please mention any personal, professional, or institutional acknowledgments (if any) separately to the main text.
• As an author, you (or your employer or institution) have certain rights to reuse your work which is limited in nature and any clarification that may be sought from Editor-in-Chief as and when required.
• The preferred length of a long article is between 8,000 and 12,000 words, including references.
• The preferred length of a short article/case comment is between 3,000 and 5,000 words, including references.
• All articles must be accompanied by an abstract of 150–200 words together with approximately five keywords.
• Book reviews should be between 1,200 and 1,500 words with full details of the book reviewed, including the subtitle, the author’s name, place of publication, name of publisher, year of publication, number of pages, and the price.
• Manuscripts must be double-spaced with one-inch margins all around. Use Times New Roman with the 12-point font for all typed text.
• To avoid grammatical and spelling errors, you are strongly advised to use your word processor’s ‘spell-check’ and ‘grammar-check functions.
• Single quotes throughout; double quotes are used within single quotes. Spellings of words in quotations should not be changed.
• Title: should be concise and indicative. Avoid abbreviations in the title.
• Author names and affiliations: Please indicate the authors’ names separately with their affiliations and check that all names are accurately spelt. Indicate all affiliations with a lowercase letter immediately after the author’s name. Provide the full postal address of each affiliation with the email address and phone number of each author.
• Corresponding author: Indicate the corresponding author in case of multiple authors who will be contacted if needed for correspondence at all stages of refereeing and publication, also post-publication. Ensure that the email address and contact details given are up to date of the corresponding author and that any changes should be immediately informed.
• Authors should ensure that the contents of the Manuscript are free from bias, recognizes diversities, and conveys respect and sensitivity towards differences.
• Articles should use inclusive language throughout the Manuscript to ensure that it gives no way for any assumptions about the beliefs or commitments of any subject being researcher or the community it caters to or even the reader. It should contain nothing which might imply that one individual is superior to another on the grounds of race, sex, culture or any other characteristic.
• Being an online Journal, the content is published on the Journal’s websites as well as on select databases. The Copyright of the research articles published in the Journal is held by the University, i.e. WBNUJS.
• Read the brochure attached at the end of the post to learn the submission guidelines in brochure attached at the end of this post.

DEADLINE

The journal is accepting articles on a quarterly basis. The publication is every quarter starting with the first issue in January every year.

CONTACT DETAILS

journal.crsgpp@nujs.edu

https://drive.google.com/file/d/1HSQRtPH8eJSu1P92ty2XAoGIOlMpe4ja/view?usp=sharing

Disclaimer: All information posted by us on Lexpeeps is true to our knowledge. But still, it is suggested that you check and confirm things on your level.

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GNLU’s Legal Services Committee and Centre for Law and Society in collaboration and association with Bharatiya Kisan Sangh is organizing a two-day National Conference on Land Laws and Land Planning: Revisiting India’s Land Utilisation Policies and Legislations on October 14 and 15, 2022.

ABOUT

The papers accepted and presented during the conference will receive a certification of participation. All full papers will be evaluated for originality, research rigor, contribution to the theory, and practical implications. After the presentation, selected high-quality best papers and posters will be awarded Certificates of Merit.

All submitted conference papers will be blind peer-reviewed. After the conference, papers submitted and presented will be published in Edited Book with ISBN, subject to their acceptance by the review committee.

ELIGIBILITY

Academicians, Social Workers, Social Activists, Lawyers, Students, Research Scholars, Personnel from Corporates, Professionals, etc. from various fields of social work and/or law, allied subjects, and multi-disciplinary fields.

THEME

• Bhartiya-Ancient Land Laws
• Land-related Rights: Human, Fundamental, Constitutional and Statutory Rights
• Land Reforms: Tenancy & Ceiling
• Land Holding: Succession, Land Grabbing, and Land as the Connecting Source
• Land Dispute Adjudication: Revenue to Judiciary,
• Special Courts
• Land Records: Digitization & Modernization Modern Land Legislations: Land Leasing Bill Investment in Land
• Intellectual Property: Land and Land Produce – GI, TKDL, PBR
• Land Acquisition: Rehab & Resettlement
• Land & Environment Laws
• Urbanization: Smart Cities & Land Use Industrialization, National Corridors, and SEZ: Land Utility & Banks
• Greenfield Projects and Land Utilization Decentralized Development: Smart Land Use Tribal/Forest
• Land Rights: Community Rights & Individual Rights
• Schedule 5 Lands: PESA – FRA, Reforms

SUBMISSION GUIDELINES

• The participants must submit the abstract of the paper not exceeding the limit of 300 words in Microsoft word document, Font size -12, Times New Roman, single line spacing, and four keywords.
• The abstract must indicate the objectives, methodology, significant results, implications, and critical references. The reviewers’ evaluation criteria will be based on relevance, methodology, and originality.
• The abstract must include:
  • Author’s name(s), affiliation(s),
  • Full postal address, email ID,
  • Mobile number,
  • The paper’s title on the front page.
• The abstract must be submitted only through the Google Form linked at the end of this post.
• Research Paper:
  • Co-Authorship is limited to 2 authors.
  • Papers in Gujarati and Hindi Language are also accepted and encouraged
  • Use Times New Roman for the entire manuscript
  • Word limit for the full paper: 5000 words
  • Title of the Paper: Font 14, Centre text and Bold
• Abstract: Font 12, Italics, Word limit- around 250 words
• Keywords: 4 to 6
• All headings with font size 13 in bold
• All subheadings in font size 12 in bold
• Body text/running text in font 12 un-bold
• Conclusion/Summary: Font 12 and 200 to 300 words
• References: APA format
• The name of the contributor (s), designation, institutional affiliation, mobile number, and email-id must be given correctly, preferably on the first sheet of the paper.
• Copyright issues must be taken care of. The manuscript must be free from plagiarism.

REGISTRATION DETAILS

• The mandatory registration will be free of cost.
• Participants will have to bear the travel, lodging and boarding costs.
• The selected papers shall be called for presentation.
• The selected Presenters from out of station will be provided accommodation as per availability.

IMPORTANT DATES

• Submission of Abstract (soft copy): September 15, 2022
• Intimation for Acceptance of Abstract: September 20, 2022
• Submission of Full Paper & Poster (soft copy) and Mandatory Registration: October 5, 2022
• Review and Notification of Paper Selection for Presentation: September 30, 2022
• Date of Conference: October 14 to 15, 2022

CONTACT DETAILS

landlawconference@gnlu.ac.in

https://forms.gle/QXnVchVq8U3JxWb3A

Disclaimer: All information posted by us on Lexpeeps is true to our knowledge. But still, it is suggested that you check and confirm things on your level.

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