CONTEMPORARY INDIA- 1

VivekanandaCourse InstituteCode: ofBAProfessional

(JMC)103 Studies
Academic
Accredited Grade “A” Session:
Institution December-May, 2021-22
by NAAC, Recognized under Section 2 (f) by
UGC ISO 9001: 2008 Certified Institution, Affiliated to: G.G.S.I.P. University &
Recognized by Bar Council of India & AICTE
Vivekananda School of Journalism and Mass
Communication
Submitted To: Submitted By:
Mr. Manoj Kumar Singh SIDDHARTHA
Professor, VSJMC
TEAM:
1. SIDDHARTHA
2. SHAGUN
3. SHASHWAT SHARMA
4. SHEFALI SATIJA
5. SHIVANGI SINGH
6. SHREYA NAGPAL
Vivekananda School of
7. Journalism
SHREYAS
and Mass Communication
8. SIDDHARTH JAIN

CE
This is to certify that the Design and Graphics Lab file is an academic
work done by Siddhartha submitted in the partial fulfillment of the
requirement for the award of BA (JMC) from Vivekananda Institute of
Professional Studies, Delhi, under my guidance and direction.

The matter embodied in this report has not been submitted earlier for
the award of any degree or diploma to the best of my knowledge and
belief.

DATE : 15 MARCH 2022 SIGNATURE OF STUDENT

SIDDHARTHA

ASSIGNMENTS
S. No. Topic Signature Remarks
 PREPARE A MULTI-MEDIA AND
1 ORAL PRESENTATION FOR
SEMINAR ON :

A) PUBLIC HEALTH, HYGIENE AND

SANITATION : SWACHH BHARAT
ABHIYAAN
B) MARGINALISATION SOCIAL
ECONOMIC EQUILTY AND
RESERVATION.
C) NATIONAL FREEDOM
MOVEMENT (1857-1947)

ORGANISE A SEMIINAR ON
2 CURRENT FIVE YEAR PLAN/NEW
ECONOMIC INITIATIVES.

CONDUCT AND PARTICIPATE IN A

3 DEBATE/GROUP DISCUSSION ON
ISSUE OF JUDICIAL ACTIVISM.

CONDUCT AND PARTICIPATE IN A

4 DEBATE/GROUP DISCUSSION ON
ISSUE OF WOMEN SAFETY

CPREPARE A POSTER
5 PRESENTAION ON INDIAN ART
CULTURE.

PREPARE A MULTI-MEDIA AND ORAL

PRESENTATION FOR SEMINAR ON
 A
PUBLIC HEALTH, HYGIENE AND SANITATION :
SWACHH BHARAT ABHIYAAN
 B
MARGINALISATION SOCIAL ECONOMIC
EQUILTY AND RESERVATION.
 C
NATIONAL FREEDOM MOVEMENT
(1857-1947)
 Report on Five-year plan/ Economic
Initiatives

Five-Year Plans (FYPs) are centralized and integrated

national economic programs. India launched its First FYP
in 1951, immediately after independence, under the
socialist influence of India's first prime minister,
Jawaharlal Nehru. It mainly focused in the development
of primary sector. The second FYP focused on the
development of the public sector and “rapid
Industrialization”. The twelfth FYP completed in March
2017. The new government led by Narendra Modi,
elected in 2014, has announced the dissolution of the
Planning Commission, and its replacement by a think
tank called the NITI Aayog. Then, NITI Aayog it proposed
a Three- Year Action Agenda, and circulated the draft to
its governing council for review. The three-year action
plan will be a part of a seven-year strategy paper and a
fifteen-year vision document (spanning 2017-18 to 2031-
32), which are in progress. The includes some 300
specific action points which is outlined in seven parts
covering multiple facts of the Indian economy.

Benefits
In a country as big and diverse as India, centralized
planning could not work beyond a point due to its one-
size-fits-all approach. Thus it was time to come out of the
legacy of five-year plans which are reminiscent of
centrally planned economies like the Soviet Union and
Romania. The cycle of five-year plan and the term of
government are not synchronous. With the three-year
cycle, government is held more accountable for its action
on the plan. By making this three-year action plan a part
of a seven-year strategy paper and a 15-year vision
document, government can focus on short-term goals
which can be changed from time to time in a dynamic
environment with eyes firmly stuck on the long-term
policy objectives. They will also be aligned with the
finance commission recommendations as the finances
would be provided through the finance commissions.
SIDDHARTHA
 JUDICIAL ACTIVISM

Judicial Activism - CONCEPT

It's a "Judicial philosophy that encourages judges to deviate
from standard precedents in favor of progressive and novel
social policies". Judges are encouraged to use their powers to
redress injustices, particularly when the other arms of
government fail to do so. In short, the courts should be
involved in defining social policy on matters such as civil rights,
individual rights protection, political injustice, and public
morality.

Judicial Activism - Historical Background

 There are no constitutional articles that support the

origins of judicial activism. It was created by the Indian
judiciary. In the United States of America, a comparable
notion exists.
 With the repeal of the Locus Standi concept, Suo Moto
cases, and the invention of Public Interest Litigation
(PIL) have permitted the judiciary to interfere in a wide
range of public matters, even when there is no complaint
from the affected party.
  Although past examples of judicial activism were linked to
the enforcement of fundamental rights, the judiciary has
increasingly begun to intervene in governance matters as
well

What are examples of Judicial Activism?

In the Maneka Gandhi v /s Union of India case , the court

recited the term 'procedure established by law' under Article
21 of the Constitution by repositioning it as 'due process of
law' which means the procedure which is established by the
law must be just, fair and reasonable.

Reforms in Cricket: The Supreme Court is trying its best to

restructure the Board for the Control of Cricket in India (BCCI).
This is surprising since the BCCI is a private body. The Supreme
Court had set up a Mudgal committee and the Lodha Panel to
investigate the betting charges and suggest reforms. Later the
Supreme court has dismissed BCCI officials for not adhering to
the suggested reforms.

SIT on Black money: The Supreme Court ordered the UPA

government to set up SIT to investigate black money. Though
the UPA government did not take action on this judgment the
NDA government has now fulfilled the task.
Kesavanada Bharati Case: The court held that the Parliament
can amend any part of the Constitution but cannot destroy its
basic structure. The power of judicial review cannot be taken
out by the Parliament. The court declared the second clause of
Article 31C unconstitutional and void but held the first
provision of Article 31C. However, the Parliament brought 42nd
Amendment to the Indian Constitution and extended the scope
of the first provision of Article 31C by including within its
purview any law to implement any of the DPSPs specified in
Part IV of the constitutional and not merely Article 39 (b) or (c). 

It is to be noted that in the Minerva Mills Case(1980), SC

declared the extension of the first provision of Article 31C
unconstitutional and void. At present, only Article 39 (b) and
Article 39 (c) can be given precedence over Article 14 and
Article 19 and not all the Directive Principles.

Judicial Activism – Advantages

 Addresses the legislature's and executive's inaction.

 Makes the judicial system more active and pro-people.
 By offering a broader definition to several parts of the
constitution, such as Article 14, Article 19, Article 21, and
Article 32, it aids in the defense of the constitution's spirit.
 Promotes governance openness and accountability.
 Prevents the state from acting arbitrarily and infringing on
citizens' fundamental rights.
  Ensures that the Executive Branch is subject to checks and
balances (Eg: 2G Allocation, Coal Scam etc.)
 Judicial Activism - Disadvantages
 The judgments delivered via judicial activism mode set a
basic rule for other judgments.
 Recurring review of judgments can result in a loss of faith
in the judiciary.
 State and Central machinery functioning become limited
with judicial activism.
 Statutory and legislative laws are violated.
 Decisions or orders can be influenced for personal gains.

Judicial Review – CONCEPT

Though the legislature has the power to make laws, this power
is not absolute. Judicial Review is the process by which the
Judiciary reviews the validity of laws passed by the legislature.

Where does judicial review power originate from?

 Article 13 guarantees the protection of basic rights and
declares void any law that is "incompatible with or in
derogation of fundamental rights."
 The term "law" is defined in Article 13 as any "Ordinance,
order, bye-law, rule, regulation, notification, custom, or
usage" that has legal force in India.
  In the case of a violation of fundamental rights, Article
32 empowers a person to relocate to the Supreme Court.
Similarly, Article 226 permits individuals to file a complaint
with the High Court in the event of a violation of their
basic or other rights. As a result, the Supreme Court and
the High Court can issue writs as constitutional remedies
against the wrongdoer.
 The Supreme Court has the authority under Article 137 to
review decisions or orders made by the Supreme Court. A
broader SC bench will do the review.
 Article 142 empowers the Supreme Court to issue any
decision or order required to carry out complete justice in
any case or matter before it.
 Primarily Article 13, 32, and 226 forms the core of judicial
review, of which Article 13 and 32 forms part of
Fundamental Right.
 Further judicial review has also been considered as part of
the basic structure of the Indian Constitution and hence
cannot be amended.

Judicial Overreach-CONCEPT

The distinction between judicial activism and overreach is very

narrow. Judicial Overreach is what happens when judicial
activism oversteps its bounds and becomes judicial
adventurism. When the court exceeds its jurisdiction, it risks
interfering with the legislative and executive branches of
government's functions.

Where does judicial overreach power originate from?

Nowhere. In any democracy, this is undesirable. The spirit of
separation of powers is shattered by judicial overreach.

Examples of Judicial Overreach:

Imposition of Patriotism in National Anthem Case.

The Supreme Court on December 2016, passed its judgment in

the case of Shyam Narayan Chouksey v. Union of India, which
makes it mandatory, that:

 All the cinema halls in India shall play the National Anthem
before the feature film starts.
 Before the feature film begins, the National Anthem will
be played at every cinema in India.
 To show respect during the National Anthem, everyone in
the room is required to stand.
 Before the National Anthem is performed or sung in the
movie hall, the entry and exit doors must be closed so that
no one can cause a disturbance.
  After the National Anthem has been performed or sung,
the doors can be opened.
 While the National Anthem is being played in the hall, the
National Flag should be displayed on the screen.

Ban of Firecrackers

In November 2020, during the 80th All India Presiding

Officers' Conference, the Vice-President of India called the
Supreme Court's prohibition on firecrackers during Diwali
"judicial overreach." Aspirants should be aware that there are
differing perspectives on the Supreme Court's actions, thus
they must learn to critically evaluate ideas.

The 99th constitutional amendment and the NJAC bill

The National Judicial Appointments Commission (NJAC), which

was constituted by the 99th Constitutional Amendment, was
declared unlawful by the Supreme Court. This was supposed to
take the place of the collegiate system.

The cancellation of telecom licenses in the 2G case

The Supreme Court ordered the cancellation of 122 telecom
licenses and spectrum awarded to eight businesses after the
CBI filed an FIR against employees of the Department of
Telecom in the 2G scam case. The Supreme Court ruled that the
allocation mechanism was faulty. It also told the administration
that national resources would only be allocated through
auctions.

Issues with Judicial Overreach

 It contradicts the spirit of the constitution because

democracy is based on the division of powers among the
organs.
 It creates a divide between the legislative and judicial
branches of government.
 It erodes people's faith in government institutions, which
is potentially disastrous for democracy.
 Unelected judges play a central role in day-to-
day decision-making, resulting in the tyranny of the
unelected.
 Allowing all PILs to be heard overburdens the judiciary,
which could otherwise be used to resolve pending matters
in the courts.
Difference between Judicial Activism Judicial Overreach

 The boundary between judicial activism and judicial

overreach is very thin, when activism exceeds that
threshold and becomes judicial adventurism, it becomes
judicial overreach.
 The impression of the individuals determines whether the
action is activism or excess.
 The judiciary, on the other hand, has always claimed that
due to legislative and executive overreach, they must
intervene and issue the orders.

Conclusion
There are indications that the judiciary is overreaching and intruding
more and more in the exclusive space of the legislature and the
executive, thereby creating unhealthy asymmetry in the delicate
balance among institutions in the country. We cannot have a situation
where the country is run by judicial decrees, where other organs of the
democracy are unable to take decisions and gradually go redundant.
Although judicial review is a legitimate domain of the judiciary, a limit
or boundary has to be drawn. The quality and speed of the mainstream
judicial system can be improved by a comprehensive and integrative
approach, focussed on improving judicial infrastructure and reducing
indiscipline.
 SPEECH ON GENDER EQUALITY
WOMEN SAFETY

Man and woman are both equal and both plays a vital role in
the creation and development of their families in a particular
and the society in general. Indeed, the struggle for legal
equality has been one of the major concerns of the women’s
movement all over the world. In India, since long back, women
were considered as an oppressed section of the society and
they were neglected for centuries. During the national struggle
for independence, Gandhi gave a call of emancipation of
women. He wrote – I am uncompromising in the matter of
women’s rights. The difference in sex and physical form
denotes no difference in status. Woman is the complement of
man, and not inferior”. Thus, the first task in post-independent
India was to provide a constitution to the people, which would
not make any distinctions on the basis of sex. The preamble of
constitution promises to secure to all its citizens- “Justice-
economical, social, and political”.
The constitution declares that the equality before the law and
the equal protection of laws shall be available for all. Similarly,
there shall be no discrimination against any citizen on the
ground of sex. Article 15(1) guarantees equalities of
opportunities for all citizens in matters of employment. Article
15(3) provides that the state can make any special provisions
for women and children. Besides, directive principle of state
policy which concern women directly and have a special
bearing on their status directly and have a special bearing on
their status include Article 39(a) right to an adequate means of
livelihood; equal pay for equal work both men and women,
protection of health and strength of workers –men, women,
children and Article 42 provides for just and humane conditions
of work and maternity relief.
The condition of women in India has always been a matter of
grave concern. Since the past several centuries, the women of
India were never given equal status and opportunities as
compared to that of their male counterparts. Even in today’s
times of modernization of society, many working women are
still subjected to immense pressure to shoulder the dual
responsibility of a housewife and a working woman
simultaneously with little or no help from their husbands.
Strong and stringent laws are definitely necessary as the
existing laws have proved to be inefficient in ensuring swift
justice and appropriate punishment to the guilty. But the actual
need of the hour is a revolutionary change in the mindsets and
conscience of Indian men so that they stop seeing women as
objects of sexual pleasure.
 ACKNOWLEGDMENT
I am extremely thankful to the contribution by all of our knowledgeable
Faculty Member Mr. Manoj kumar singh –with whose guidance I was able to
shape this report. He guided us that following certain steps we would able to
make this file. This report would not have been completed without his
constant support.

I am particularly grateful to Prof. (Dr.) Charulata Singh, Dean of Vivekananda

Institute of Professional Studies for her unfailing encouragement and thought-
provoking perspectives. I am also grateful to Mr. Manoj kumar singh for
guiding us towards the right direction so that we can easily shape and prepare
our Graphics and Design Lab File.

This year was difficult for everyone but because of their constant guidance I
was able to complete the tasks properly and on time.

Date: 15 MARCH 2022

Place: New Delhi