Every year on February 24^th, India celebrates Central Excise Day to urge excise department personnel to carry out the central excise duty in a better way in order to avoid corruption in the products producing company and to follow other policies to provide the best possible excise services.

Throughout the country, numerous seminars, workshops, educational and cultural activites, awareness initiatives, contests, and award ceremonies are being held to commemorate the anniversary. Aside from that, awareness initiatives are performed by the relevant ministries and higher authorities.

Previously known as the Central Board of Excise and Customs is now known as the Central Board of Indirect Taxes and Customs. To administer customs legislation, the customs and central excise/central GST department was founded. The department is now part of the Ministry of Finance’s Department of Revenue, which is responsible for policy formulation regarding the levy and collection of customs, central excise duties, central goods and services tax, and IGST, as well as the prevention of smuggling and administration of matters relating to customs, central excise, central goods and services tax, IGST and Narcotics to the extent that they fall under the purview of the CBIC.

The board is the administrative authority for its subordinate institutions, which include custom houses, the central excise and GST commissionerates, and the Central Revenues Control Laboratory.

History of Central Excise Day

Every year on Feb 24^th, Central Excise Day is observed to honor the Central Excise and Salt Act, which was passed on the same date in 1944. The legislation was passed to unify and revise the law concerning Central duties and salt. It was a mash – up of 11 acts pertaining to excise duty.

This statute was later renamed The Central Excise Act, 194 in 1966. Schedules 1 and 2 of this legislation specify the values and rates of duty. According to the original statute, excise charges were collected on 67 different products. The 68^th item was likewise established in 1975 as ‘all other things not else defined’, which essentially meant the ‘Terror Items’.

Later that year, a new statute known as ‘The Central Excise Tariff Act (CETA) 1985’ was enacted. This was included into the previous Central Excise Act of 1944, and following this revision, an altered Central Excise ct of 1944 was enacted.

Why Central Excise Day is Celebrated

The Government of India has designated February 24^th as the day to commemorate this historic occasion throughout the country. The occasion celebration includes collecting tax on items and persons earning more than the maximum set by the Central Excise Act in 1944. The tax payment rate was established in 1985 under Schedules 1 & II of the Central Excise Tariff Act.

According to Central Excise legislation, the payable event is mostly over produced commodities, which is controlled by the Central Board of Excise and Customs (CBEC) through numerous field offices (meaning Central Excise Commissionerates) around the nation. The Central Board of Excise and Custom is part of the Department of Revenue, which is overseen by the Ministry of Finance of the Government of India.

The Central Board of Excise and Customs Department was formed to develop and execute policies concerning the tax payable and its collection by citizens throughout the country. Customs and Central Excise Taxes have been introduced to discourage undesirable business practices such as smuggling and to effectively handle all concerns linked to central excise, customs, and drugs in India. To handle and administer all affairs in the country, India has been divided into ten zones, each of which is led by the Chief Commissioner of Central Excise. In each Zone, the Commissioner of Central Excise is heading around 61 Commissionerates.

The Central Excise Department performs the following two sorts of processes in order to put all of the Central Excise rules and collections into effect:

1.     Physical Control Process
To administer the Central Excise Duty for cigarettes solely, a physical control procedure has been created. During this procedure, a review is performed under the supervision of Central Excise inspectors for the purpose of approval.

2.     Self Removal Process
The Self – removal process has been adopted to manage the central excise duty for all other commodities made in India. All legal duties on the items are self – accessed by the makers throughout this phase in order to clear the goods.

Importance of Celebrating Central Excise Day

Every year on February 24^th, India celebrates Central Excise Day to promote equity among personnel of the Central Board of Excise and Customs Department and to aid them in ensuring greater tax adherence. It is also observed to commemorate the passage of the Central Excise and Salt Act on February 24^th, 1944.

Significance of Central Excise Day

The Central Excise Day is very important in boosting public awareness of the role of Excise Duty officials to the nation’s success. The Central board of Indirect Taxes and Customs authorities’ work in fighting corruption in the commodities manufacturing industry is commendable. It has made a significant contribution to the nation’s structure.

It collects duties on industrial items; the money raised by levying duties is utilized for public welfare and to finance different educational and welfare activities. It is a key to source of our country’s financial development. Our country’s financial revenue has more than quadrupled in a few years due to the excise department’s improved service delivery standards. The department contributes significantly to the improvement of the Indian economy by eradicating poverty and illiteracy.

Duties of Central Excise Department

Excise is a tax that is levied on items made in the country. Excise taxes are collected by the Central Excise Departments of India on all items made in the nation, including tobacco, but excluding alcohol and opium. The state Excise Department is in charge of collecting the tax on alcoholic beverages and opium.

The Schedule to the Central Excise Tariff Act, 1985 (Act 5 of 1986), which went into effect on February 28^th, 1986, lists the commodities subject to Central Excise levies. Previously, excisable items were included in the First Schedule to the Central Excises and Salt Act of 1944. The Present Tariff is a comprehensive law that covers every product made or produced in the nation. Central excise duty is an indirect tax, which means that every individual, affluent or poor, is required to pay tax indirectly on the purchase of items that have already been taxed. This tax is levied under the authority of Entry 84 of Union List of the Seventh Schedule, as read with Article 226 of the Indian Constitution.

Types of Central Excise Duty

1.     Basic Central Excise Duty

2.     Additional Duties and Cesses

3.     Special Central Excise Duty

4.     Road and Infrastructure Cess

All departments of the central excise are in charge of excise responsibilities such as preventing tax evasion, safeguarding the country from smuggling activities, and collecting revenues to financially support the country in order to carry out the socioeconomic development of the country.

Central Excise Tariff Act, 1985

The Central Excise Tariffs were totally revamped in December 1985, and subsequent amendments were also made to the Central Excise Act. These modifications have the effect of re – modeling the Central Excise Tariff on a more precise pattern known as the ‘Harmonized System’, which gives distinct and independent headings for each and every category of commodity. All of the goods included in the new Central Excise Tariff now have the same headings as those in the Customs Tariff. The Government of India has introduced new items in the sub – headings to cover all current sorts of products in particular entries, thereby replacing item 68 altogether. The new Central Excise Tariff includes interpretive comments for each chapter outlining how items should be categorized, as well as board interpretative guidelines similar to the customs tariff.

Registration to the Excise Department

People who are already engaged, getting engaged or going to be engaged in the activities like producing or manufacturing the excisable items in the nation must register with the excise department. Manufacturers, curers, producers, brokers or commission agents, owners of showrooms or warehouses, dealers or importers, and others are among those who must be registered.

To register, individuals must submit an application to the Range Superintendent and complete the R – 1 form. People who manufacture excisable items in the country as specified in the Central Excise Tariff Act of 1985 must do the following:

·       They should be able to move items they produce.

·       Their items should be marketable and manufactured through the production process.

·       The commodities they produce must be declared under the Central Excise Tariff Act of 1985.

Social Justice is an equal access to everyone within a Society. 

The notions of social justice are broad and imprecise; issues arise when they are translated into real action. Social justice is a concept that has significance and is influenced by tradition. Political theorists, psychologists, and social workers have all debated what it means to be in the "proper connection" with and between individuals, cultures, governments, and nations.

According to scholar Patrick McCormick, "there is no agreement on whether democracy, equality, unity, or the common good is the basic basis on which to build the superstructure of justice."

Many social justice students perceive its importance in terms of conflicts between individual liberty and the broader social good, stating that social justice is promoted to the extent that we can support the larger good without infringing on particular individual rights. Many people believe that social justice is a principle of equity in the allocation of human rights and responsibilities, economic opportunities, and social situations.

Others define it in terms of three components: legal justice, who is concerned with what people owe society; commutative justice, which is concerned with what people owe each other; and distributive justice, which is concerned with what society owes the individual. From a distributive standpoint, as most social workers refer to it, social justice entails not only approaches to social choices regarding the distribution of goods and resources, but also consideration of the structuring of societal institutions to ensure human rights and dignity, as well as opportunities for free and meaningful social participation.

In Justice as Fairness
In A Restatement, Rawls modifies two essential concepts of social fairness from his earlier work:

1.     Each person has the same indefeasible claim to a fully adequate scheme of equal basic liberties, which scheme is compatible with the same scheme of liberties for all.

2.     Social and economic inequalities must meet two conditions: first, they must be attached to offices and positions open to all under conditions of fair equality of opportunity, and second, they must benefit the least-advantaged members of society the most (the difference principle).

History
Throughout the Industrial Revolution and later democratic movements in Europe, the word "social justice" originated in the early nineteenth century, with the goal of constructing more equal societies and redressing capitalist exploitation of human labor. Due to the apparent stratifications between rich and poor during this era, early social justice campaigners concentrated primarily on money, land, and wealth distribution.

By the mid-twentieth century, social justice had expanded from being mainly concerned with economics to encompass the environment, racism, gender, and other causes and expressions of injustice. Simultaneously, the social justice metric shifted from being computed and executed solely by the nation-state (or government) to include a universal human component. Governments, for example, still analyze income disparities among persons who share a common citizenship. However, depending on the civilization, social justice might also be regarded. According to the UN, "slaves, exploited laborers, and disadvantaged women are all harmed human beings whose status is less important than their circumstances."

Factors That Challenge Social Justice:
The idea of social justice also necessitates a firm commitment to the protection of human rights and civil freedoms. Disabilities and concerns of other populations, such as physically disabled individuals, child labor, indigenous peoples, and those affected by environmental degradation, drive the social justice agenda as well. So those are the most pressing concerns confronting India. They are at the basis of much of our country's political insecurity, social and ethnic conflicts, as well as the emergence of organized violence and the deterioration of our democratic systems.

Social justice problems, while co-dependent, may be divided into two categories: inter-group care and unfair government control.

·       Inter – Social Treatment
It necessitates categorizing a group(s) of other individuals based on own views and preconceptions. Such biases are particularly frequent in social categories like:

1.     Race-Racial inequality is one of the world's most prevalent social justice challenges. Most states have a history of some form of racial discrimination and prejudice. It has an impact on a racial group's capacity to find job, obtain healthcare, and receive an equitable education.

2.     Religion

3.     Age

4.     Gender/sex- As things stand, worldwide gender equality will take 100 years to become a reality. Obstacles such as the gender wage gap, deteriorating reproductive rights, and uneven educational opportunities keep women at bay. Gender equality, according to social justice activists, is one of the most critical social justice concerns of our day, affecting other issues such as racial equality.

5.     Sexual orientation- People in the LGBTQ+ community endure high rates of violence and discrimination across the world. It has an impact on their capacity to find work, housing, healthcare, and protection, among other things. It is more troublesome in certain nations than others, but even in the most democratic countries, social justice for the LGBTQ+ group is not well-established.

6.     Physical or Mental Abilities.

7.     Educations.

8.     Even in this day and age, society still discriminates against people based on inter-social issues. People are separated based on their religion, and they are called names and even assaulted as a result of their religious affiliation. Some faiths are regarded unequally in society and have a lower social position. However, the major source of prejudice in our culture has been gender/sex. Females, in particular, face discrimination in practically all occupations just because they are female. Women are perceived as being weaker and less efficient than males. Also, they are thought to be emotionally and cognitively weaker than males, which is not always the case. There are several areas where women outperform males. However, according to society, women are meant for housekeeping and not tough labour since they have a distinct bodily structure, strength, and capacity. There are several situations in today's society when women have faced discrimination just because they are female. There are several examples of prejudice against women in athletics in an essay by Nisha Biswas, Hey Women, Tell Me, Are You A Woman? YE SHIEWEN, HELEN STEPHENS, DORA RATJEN, SANTHI, PINKY PRAMANIK, and others.

·       Un – equal Government Regulations
It comprises rules and regulations that purposefully or unintentionally create conditions that impede, limit, or deny a group(s) access to the same opportunities and services as the rest of society. Such regulations may purposefully (explicitly) or inadvertently (inadvertently) create the circumstances for socioeconomic inequality (implicitly). The following are some of the sectors in which diverse government policies frequently result in social inequality and justice:

1.     Educational Laws

2.     Health Care Laws

3.     Environmental Laws

4.     Voting Laws

5.     Policing Laws

6.     Labor Laws

It includes rules and regulations that purposefully or unintentionally create circumstances that restrict, limit, or deny people access to the same opportunities and services as the rest of society. Such regulations can, either intentionally or unintentionally, set the stage for socioeconomic inequity. Many diverse governmental policies, such as educational legislation, health care legislation, environmental legislation, voting laws, labor law, and political legislation, frequently contribute to socioeconomic disparity.

Ideological, Social and Legal Perspective That Safeguard Social Justice
The issue of social justice is linked to the issue of social equality, and the constitution architects were deeply influenced by the feelings of social equality and social justice at the time of independence. For the same reason, phrases such as Socialist, Secular, Democratic, and Republic were included into the Preamble.

The term justice is defined in the Preamble as legal, social, economic, and political. The term justice is protected under many sections of the Indian Constitution's Fundamental Rights and Directive Principles. Social justice means that all individuals are treated equally and without regard for their social status. This assures that the lack of privilege is restricted to a narrow sector of society and that the situation of the low classes (SCs, STs, and OBCs) and women are improved. In accordance with this, economic justice refers to economic considerations such as non-discrimination amongst males.

It entails eliminating visible wealth, income disparities, and property inequities. What is known as "distributive justice" is a combination of social and economic fairness. The Preamble ensures equality of status and opportunity for all Indians.

In Indian society, social unfairness is a major issue. The examination of social stratification in a society based on caste or class is largely concerned with the concept of inequality. On a separate level, Louis Dumont, a French sociologist, explained 'inequality' in the caste system.

Bharat Ratna Babasaheb Dr. B.R. Ambedkar, the Chief Architect of the Indian Constitution, is the man of the millennium for social justice in the sense that he became the deliverer or Messiah of the Dalits, the erstwhile untouchables, Other Backward Classes (OBCs), and women, who account for 95 percent of the Hindu population.

Since time immemorial, that large portion of the population has been forced to live at a subhuman level, thanks to the caste system sanctioned by Hindu scriptures. He was known as the millennium man for social justice because he was the first individual in history to successfully lead a crusade of gaining social justice for broad parts of Indian people by the use of a legislation that effectively annulled the relevant portions of Hindu scriptures.

The Indian Constitution has solemnly promised all its people social, economic, and political fairness; freedom of expression of speech, belief, religion, and worship; equality of position and opportunity; and promotion of the dignity of the individual and communal solidarity among all the fraternity. The Constitution has attempted to reconcile the seemingly incompatible ideas of socioeconomic fairness and individual freedom and constitutional rights by including certain particular sections.

Following Article Grants Rights to People of this Country:

1.      Article 15 – Article 15(1) prohibits discrimination on the basis of religion, race, caste, sex, or place of birth, the Constitution has given special attention to the societal challenge caused by the existence of a high number of persons who are regarded as untouchable. The State should have the authority to establish specific provisions for women and girls, as well as to encourage any backward social and educational groups of people, such as the SC / STs.

2.     Article 16 – In the same way that Article 16(4) requires the State to provide for the resolution of appointments or posts in favour of any disadvantaged class of people who, in the opinion of the State, are not sufficiently represented in the services rendered by the State, Article 16(1) requires the State to provide for the resolution of appointments or posts in favour of any disadvantaged class of people who, in the opinion of the State, are not sufficiently represented in the services rendered by the State.

3.     Article 17 – Article 17 declares that untouchability has been abolished and forbids its continuation in any form, and specifies that maintaining untouchability is a crime punished by law.

4.     Article 19 – The basic rights of the citizens of the country are enshrined in Article 19. The seven sub – clauses of Article 19(1) provide seven distinct types of independence for persons and acknowledge them as constitutional rights.

5.     Article 23 & 24 – Articles 23 and 24 protect fundamental rights from exploitation. Article 24 prohibits employers from employing children under the age of 14 in factories, mines, or other hazardous activities.

6.     Article 38 – The purpose of the state is to maintain a social order that promotes the wellbeing of the people.

7.     Article 39(a) – Certain policy principles must be implemented by the State: The State shall direct its policy toward ensuring that all citizens, men and women alike, have the right to an adequate means of subsistence.

8.     Article 41 – In certain circumstances, the right to employment, education, and public aid within the limitations of its economic ability and growth, the State should make adequate provisions for safeguarding the right to labor, to education, and to public assistance in circumstances of unemployment, old age, disease, and disablement, as well as in other cases of unjustified want.

Conclusion
The notion of justice is the concept of fairness. Social justice is the manifestation of fairness in society. This involves equity in healthcare, work, and housing, among other things. Discrimination and social justice are incompatible concepts.

In Indian society, social unfairness is a major issue. The examination of social stratification in a society based on caste or class is largely concerned with the concept of inequality. On a separate level, Louis Dumont, a French sociologist, explained 'inequality' in the caste system.

The only way to address social inequity is for each of us to do so. People should be aware of the phrases used by the disadvantaged, marginalized, and social justice in order to lower expectations, defy conventions, and put institutions to work. Despite the government's well-intended commitment to establishing social fairness through equalization or anti-discrimination regulations, government measures have caused some conflict in society. Even practices with little to do with social justice are carried out in the name of social justice.

The necessity of the hour is to guarantee that policies are implemented properly and in a balanced manner in order to make social justice an effective vehicle of social progress. While liberalism prioritizes freedom, it recognizes that such freedom is meaningless unless it is supported by a sense of security and equality. A liberal social policy should try to provide chances to the most disadvantaged while also creating a social net that increases their ability to cope with disasters.

Employment laws are designed to clarify the relationship between employers and employees. It helps protect employees and ensure that they are treated fairly, and it helps employers by giving them guidelines and protecting their rights as well. Wherever this relationship between employer and employee is in question, they can hire an employment lawyer to help them resolve the issue. Take a look at the top eight ways that employment law can benefit employers.

1. It Clarifies the Employer to Employee Relationship

One way that employment law benefits employers is that it clarifies the relationship between employers and employees. When you hire someone, there are certain processes that you must follow. This includes the hiring process, wages, work hours, vacation leave, and more. Employers don’t have to determine how they are going to write the employment contract because it is defined by law. It is easier for employers because employment law lets employers know how to regulate this relationship.

2. It Establishes Minimum Wage

It can be difficult to determine how much different employees should be paid. If there were no employment law, some businesses might underpay employees, while others might feel that they need to overpay. These laws make it easy by establishing a minimum wage and guidelines for pay. It also establishes maximum hours per day and how many hours employees can work in a week before they earn overtime. As long as employers follow these laws, they won’t have disputes with employees.

3. It Protects the Employer on Social Media

Social media plays a role in personal and business lives. Posts can actually have an impact on relationships at work. Although employers aren’t allowed to discipline employees for their online activities away from work, they are able to discipline them when their actions can injure the interests of the employer or interfere with the rights of other employees. If employees engage in online harassment of other employees or write posts that are damaging to the employer, they can consult with an employment lawyer to find out how they can proceed.

4. It Provides Guidelines for Electronic Communications

Employment law says that employers are allowed to restrict an employee's use of the Internet and social media during work hours. They are also allowed to limit an employee’s use of their work-provided technology at any time. The employer needs to make the policies clear, and it needs to be well-publicized. Employment laws help clarify what employers can do and allow them to make rules that result in increased productivity at work.

5. Termination Procedures Are Clear

Employment law makes the procedures for terminating employees clear for the employer and the employee, and as long as the employer follows the rules, they won’t have to worry about a dispute. It explains grounds that can result in immediate dismissal, as well as appropriate notice of termination. If there is going to be a collective dismissal, it lets employers know how to do it. They can plan how much they need to pay and how much notice to give.

6. It Explains Severance Pay

In Canada, the only place that requires severance pay is Ontario. However, employment law says that employees are entitled to reasonable notice of termination or pay in lieu thereof. The only time this doesn’t apply is if an employee has been terminated for wilful misconduct or just cause. This makes it much easier for employers to protect themselves and make sure that they follow the laws. It is easier to avoid disputes when you have laws that clarify the entire process.

7. It Helps Employers Boost Morale

There are laws concerning human rights and discrimination. This helps an employer boost morale by following these laws. When employees from all different backgrounds feel safe, protected, and comfortable, they are more productive and more likely to stay in the job. This helps employers with employee retention. They will understand how to protect employees from discrimination, and they will know what accommodations to provide people with disabilities.

8. It Helps Prevent Unfounded Lawsuits

The employment laws are clear, and as long as employees follow them, they will be able to prevent unfounded lawsuits. Employers need to have clear contracts and policies, and if a disgruntled employee files a lawsuit, they will be able to defend themselves. The employment laws are clear and make it easier for employers and employees alike to understand their relationship and what is expected and required of each party.

Final Words

Although employment laws are about the rights of employees, they benefit employers as well. Employers are able to make sure that they follow the rules and regulations so that they are protected if an employee unreasonably files a lawsuit. Clarity is the key to keeping everyone happy and productive at work, and these laws help define what is expected on both sides.

You may wish to visit www.lawyersonia.com to access other resources.   

The Concept of 'Burden of Proof'

The Indian Evidence Act does not define the term "burden of proof." However, in simple terms, the burden of proof refers to the legal requirement or responsibility of the parties to establish the facts that will assist the court in reaching a decision in their favour. Therefore, the duty to prove a fact in a lawsuit is known as the Burden of Proof. The requirements under the burden of proof are covered in Chapter VII of the Indian Evidence Act.

Under the Indian Evidence Act, 1872, sections 101 to 103 deal with the burden of proof in general, whereas sections 104 to 106 deal with the situation where the burden of proof is placed on a specific individual. The concepts of "Onus Probandi" and "Factum Probans" include the underlying principles of the burden of proof. Onus Probandi is a general rule that requires a person asserting the positive to prove it. A person who maintains an affirmative stance has the onus probandi. The onus probandi is on the party seeking to strengthen his case with a specific fact that he is said to be aware of.

Order 6, Rule 2 of the Civil Procedure Code, 1908,  states that the pleading shall only contain important facts that must be shown in a concise form Evidence is a relative term that refers to a connection between two facts: the fact in dispute (factum probandum), or statement to be proven, and the evidential fact (factum probans), or material corroborating the proposition. The former is inherently hypothetical; the latter is advanced as fact in order to persuade the court that the former is likewise true.

According to the fundamental premise of criminal law, the accused should be deemed innocent unless proven guilty beyond a reasonable doubt. The prosecution has the first burden of proving that the accused has committed a crime in a criminal proceeding.

In the case of the State of Rajasthan vs Sher Singh, 1994, it was held that it was unlawful to examine defence evidence before prosecution evidence in criminal proceedings.

In criminal trials, the prosecution bears the burden of proof. The prosecution must show beyond a reasonable doubt that the defendant is guilty until the prosecution proves otherwise. The court shall assume that the accused is innocent. It was held in the case of Md. Allmuddin v. State of Assam, 1992, that the defence version may even be false, nevertheless, the prosecution cannot derive any advantage from the falsity or other infirmities of the defence version, so long as it does not discharge its initial burden of proving the case beyond all reasonable doubt.

In Jarnail Singh v. the State of Punjab, AIR 1996, it was established that if the prosecution fails to produce sufficient evidence to meet their burden, they cannot rely on the evidence presented by the accused in support of their defence.

In criminal trials, the prosecution bears the duty of establishing the defendant's guilt, and they must do it beyond a reasonable doubt. The plaintiff has the burden of proving his case by a majority of the evidence in civil cases. If the prosecution fails to prove the accused's guilt beyond a reasonable doubt, the accused is entitled to an acquittal. This was determined in the case of Ouseph v. State of Kerela, which was decided in 2004.

The burden of proof is defined under Section 101 of the Indian Evidence Act:

Anyone who wants a court to rule on a legal right or responsibility based on facts he claims must first show that such facts exist. The second Section of the statute specifies that when a person is required to show the existence of a fact, that person shall also bear the burden of proof.

As a result, a person seeking a favourable decision from the court must provide evidence in support of his case, according to this clause. The usual rule is that the party that asserts a truth bears the burden of proof, not the side that denies it.

Section 102 of the Indian Evidence Act:

 Who bears the burden of proof — In a suit or procedure, the person who would fail if no evidence was presented on either side has the burden of proof.

Section 103 of the Indian Evidence Act states:

 "The burden of proof as to any specific fact is with the person who asks the court to believe in its existence unless any law provides that the burden of proof rests with any particular individual."

Section 104 of the Indian Evidence Act states that the burden of proof is on the person giving the evidence to prove the facts that must be shown in order for the evidence to be admissible.

When it comes to establishing facts in order to make evidence of another fact acceptable, the burden of proof falls on the individual who wishes to offer the evidence.

Section 105 of the Indian Evidence Act

When an accused is charged with criminal conduct, the burden of proof is placed on the accused to establish the circumstances that gave rise to the accusation under any general exceptions provided by the Indian Penal Code or any other particular legislation. Under this Section, the prosecution's duty is limited to establishing the accused's guilt; once that is established, the burden transfers to the accused, who has the advantage of relying on general exceptions to the IPC or Criminal Procedure Code. This is one of the unique traits that only applies in criminal proceedings. As a result, according to Section 105 of the Act, the onus of evidence is on the accused to know about every incident that has occurred. Additionally, this is referred to as the reverse onus clause.

Section 106 of the Indian Evidence Act

Section 106 advances the concept of a fair trial by making it easier to establish all conceivable facts and removing the burden of proving anything that is impossible and in the accused's favour. Additionally, it allows the accused to challenge the presumption of facts drawn from the sequence of events. However, it is observed that the prosecution exploits this clause and attempts to evade his responsibilities to establish the legal burden.

Presumptions are legal conclusions made by the court about the presence of particular facts. Presumptions are an exception to the usual rule that the party that asserts the existence of particular facts has the first burden of proof, but they eliminate this necessity. When certain facts are believed to exist, the party in whose favour they are presumed to exist is relieved of the burden of proof in that regard.

Documentary Evidence is subject to several presumptions. Presumptions may be divided into three types: factual presumptions, legal presumptions, and mixed presumptions. When a certified copy of an original document is presented to the court, the law presumes that the copy is a genuine copy of the original evidence, according to Section 79 of the Act. The court shall infer that a power of attorney issued before the court is by a real authorised person, according to Section 85 of the Act.

The presumption of innocence is a legal notion stating that everyone is presumed innocent unless proved guilty. Justice Thomas articulated the need of changing the perspective on this idea in the case of State of West Bengal v. Mohd. Omar (2002). According to him, the traditional approach of constantly placing the burden of evidence on the prosecution benefits only the accused of horrific crimes and creates fatalities for society. When a prosecutor successfully establishes specific facts of the case, the court must infer their existence and rely on such circumstances. In other words, after the court is satisfied with the prosecution's case, the burden of proof shifts to the accused since only the accused is aware of every occurrence committed.

As can be seen, the Evidence Act of 1872 is a well-codified statute that deals extensively with the issue of the burden of proof. The current innovations in electronic evidence and burden of proof, on the other hand, require additional clarity, particularly when it comes to judicial interpretation.

Many cases in our criminal justice system have not resulted in a successful conviction. The conventional approach of courts on the notion of presumption of innocence and the obligation to show mental aspect, according to experts, is to blame. As a result, it was determined that trends that violate any regulation must be reversed. However, it is critical to guarantee that these developments do not jeopardise the Judges' integrity and reputation as unbiased officials.

How to file a complaint in regards to violation of Cyber Laws

The idea of cybercrime has increased in scope as a result of the widespread use of the internet and its associated benefits. The Information Technology Act of 2000,[1] which was later updated to the IT Amendment Act of 2008, is the Indian legislation that deals with penalties linked to such offences.

Hacking has been increasingly popular in recent years, and cyber-crime in India is on the rise. Many government websites have been hacked and are vulnerable today. Cyberstalking, pornography, morphing, online harassment, libellous or unpleasant comments, trolling or bullying, blackmailing, threat or intimidation, e-mail spoofing, and impersonation are some of the most common and often reported types of cybercrime against women.

The Code of Criminal Procedure, 1973 governs the procedure for criminal proceedings, including how to file a criminal complaint or FIR against an accused person, as well as the procedure for criminal trial and disposition of a criminal case. Similarly, the Code of Civil Procedure, 1908 governs the procedure for civil cases, including how the plaintiff can begin the proceedings by submitting a plaint in civil court and how the defendant can respond to the plaintiff with a written declaration.

It also lays out the method for the full civil action as well as the resolution of the civil complaint. But the main question is as to how can a victim of cybercrime file a case against the perpetrator?

Simply put, cyber-crimes in India are wrongdoings or crimes committed via the use of technology. There is no particular definition of cyber-crime; however, it is a white-collar crime when any illicit or criminal conduct is carried out utilising a computer as the principal means of operation. Cybercrime is a wide phrase that refers to criminal activity that involves the use of computers or computer networks as a tool, a target, or a location for illegal activity. It encompasses anything from electronic theft to denial-of-service assaults. It is a broad word that encompasses crimes like phishing, credit card fraud, bank robbery, illegal downloading, industrial espionage, child pornography, child abduction through chat rooms, scams, cyber terrorism, virus production and dissemination, and spam, among others.

In India, there are cyber cell departments in practically every state established to deal with cyber concerns.

Since the number of reports of cyber-crime complaints, both online and offline, has risen dramatically in India, cyber cell departments and cyber police have recognised a variety of cyber-crimes.

 Many sorts of cyber offences have been established under India's cyber legislation. The six most common issues that one encounters and deals with are as follows:

1.      Cyber Stalking - After hacking, cyber-stalking is the most commonly reported cyber-crime online complaint or cyber-crime cell complaint. It is a crime of online harassment, which is mostly committed against women.

2.      Online Theft- When a criminal extorts money from a victim, they use the internet to gain access to the victim's personal bank account, credit card, debit card, and other sensitive information.

3.      Cyberbullying- Cyberbullying is when a person is harassed, defamed, intimidated, or harassed via the internet, mobile phones, or social media.

4.      Cyber Terrorism - Cyber terrorism occurs when a person is threatened with extortion or other forms of extortion.

5.      Hacking- In India, it is one of the most frequent kinds of cybercrime. When a person virtually hacks into another person's computer in order to get access to personal and sensitive information such as banking data, e-mail accounts, and so on. As more and more things become digital, the chance of being hacked rises.

6.      Phishing- Sending bogus messages or e-mails with a link to a certain webpage in order to trick victims into inadvertently entering personal information (such as contact information, bank account information, and passwords) or infecting victims' devices with hazardous viruses as soon as they click the link.

7.      Cyber terrorism and cyber extortion- Hacking into someone's computer and encrypting all of the data and files on it, then demanding a ransom to decode it.

8.      Child solicitation and abuse- When a youngster is approached over the internet to be used in the creation of child pornography

There has been the usage of technology, such as electronic devices (computers, computer networks, or mobile phones) and the internet, in the circumstances stated above (social media, e-commerce websites, fraudulent web pages and e-mails, etc.). Everything linked to computers, computer networks, computer equipment, software, the internet, e-mails, websites, data storage devices, and other electronic devices is referred to as "cyber" (mobile phones, ATM machines, etc.). As a result, a cybercrime is defined as a crime committed with or through the use of a computer, computer network, internet, or any other online service or electronic device.

Complaints about cybercrime can be filed with the cybercrime cells. The victim can file the complaint both online and offline, and he or she can select which method is most convenient for him or her. Because cybercrime falls under the purview of global jurisdiction, the victim does not need to file a complaint with the cybercrime cell in the city where he or she resides or where the crime was committed. Instead, the cybercrime complaint can be filed with any of the cybercrime cells established in India. Cybercrime cells have been formed in several Indian cities to make it easier for people to receive help in the event of an accident or harm caused by a cybercrime perpetrated against them.[2] These cells have also been raising awareness about cybercrime and the steps that may be taken to avoid being a victim. Cybercrime cells keep track of cybercrime reports and conduct investigations.

If the victim does not have access to any of the cybercrime cells, he or she can file a police report under Section 154 of the Code of Criminal Procedure at the local police station. If the cybercrime conducted against the victim is a punishable offence under the Indian Penal Code, the police officer is required to file an FIR. If the police officer refuses to submit the victim's report, the victim can file a formal complaint with the Judicial Magistrate in his or her district, who can then order the police officer to begin an investigation. The materials needed to file a cybercrime FIR vary depending on the type of cybercrime perpetrated against the victim (Social Media Crime, Cyber Bullying, and so on).

The online portal where a victim can file a cyber-crime complaint is https://cyber crime.gov.in/Accept.aspx[3], a Government of India initiative that caters to complaints pertaining to online Child Pornography (CP), Child Sexual Abuse Material (CSAM), or sexually explicit content such as Rape/Gang Rape (CP/RGR) content, as well as other cyber-crimes like social media crimes, online financial frauds, ransomware, hacking, cryptocurrency crimes, The portal also allows users to make an anonymous complaint regarding Child Pornography (CP) or sexually graphic content like Rape/Gang Rape (RGR) content. To report a cyber-crime online, follow the procedures outlined below:

STEP 1: Go to   https://cybercrime.gov.in/

STEP 2: Click on 'Report other cyber crimes' on the menu.

STEP 3: Click on 'File a Complaint.

STEP 4: You can either report anonymously if you are a woman or child or click on "Report other Cyber Crimes."

STEP 5: Read the conditions and accept them.

STEP 6: Register your mobile number and fill in your name and State.

STEP 7: Fill in the relevant details about the offence.

Note: You can also report the offence anonymously. After reporting, you can track your report on the same website.

The continuous use of the internet, e-mail, social media, instant messaging, or other digital technologies to annoy, harass or threaten individuals is known as cyber stalking. There was no particular statute prohibiting it before to the February 2013 modification; currently it is covered under the Criminal Law Amendment Act of 2013, which added Section 354D to the Indian Penal Code, 1860, that defines what constitutes as "Stalking."

If a guy follows a woman and tries to contact her in order to develop a personal relationship, notwithstanding the lady's aversion to it, he is committed to stalking and can be prosecuted with it under Section 354(d). Stalking is also committed when a guy observes a woman's usage of the internet, e-mail, or any other kind of electronic communication.

The procedure for filing a complaint about Cyber Stalking is as follows:

1.      Submit a written complaint to the city's nearest cyber cell.

2.      Fill out an FIR form at your local police station. In the event that your complaint is not accepted, you can always take it to the municipal commissioner or court magistrate.

3.      You will be supplied with legal advice and support in order to help you file a case.

Cyberbullying is a form of bullying that occurs via the use of digital devices such as computers, laptops, smartphones, and tablets and results in humiliation. It also includes disseminating, transmitting, or spreading bad, rude, or misleading information about another person in order to humiliate them, a practice known as character assassination.

Most social media networks, such as Facebook, WhatsApp, Instagram, Twitter, and others, have explicit reporting and anti-bullying policies. These platforms may be able to assist you in getting the objectionable content removed. You may report the cybercrime on cybercrime.gov.in, following the steps mentioned above. Furthermore, if you are a woman or child that has been a victim of cyberbullying, you may report cyberbullying in India by sending a detailed complaint to complaint-mwcd@gov.in. You may also file a complaint with your local cyber cell.

If the cyber cell refuses to submit or accept your cyber complaint, you can make a direct complaint with the local Judicial Magistrate, noting that the complaint was not accepted under any/certain conditions.

The increase of cyber-crime has resulted in the most vulnerable members of society, namely women and children, being targeted. Cyberstalking, pornography, morphing, online harassment, trolling and bullying, threat and intimidation, and e-mail spoofing are the most common and often reported types of cyber-crimes against women. Cybercrime against children includes the distribution of paedophilic videos/messages, child pornography, and other forms of child pornography. The level of depravity has reached a point where rapes and child pornography are among the top searches for a porn site.

The procedure for filing a complaint online, i.e., the National Cyber Crime Reporting Portal, allows for the registration of cybercrime under two distinct categories: (1) Cybercrime against women and children; and (2) Other cybercrime. Additionally, it enables anonymous reporting of Child Pornography, Child Sexual Abuse Material, and Sexually Explicit Content (Rape/Gang Rape) by the victim/complainant. Additionally, the "Report and Track" option enables the complainant to monitor the progress of his or her complaint. The complainant is needed to provide information about the event that occurred, the suspect of the crime committed, and the complainant's identity (save for the "Report Anonymously" option). Additionally, the complainant receives a copy of the complaint that was submitted on the site. After a complaint is successfully registered, a PDF of the complaint is created and may be downloaded from the site. If the victim does not have access to the internet, they can file an FIR at their local police station.

With an estimated cost of Rs. 223.198 crores (approx.), the Ministry of Home Affairs launched the Cyber Crime Prevention against Women and Children (CCWC) scheme to effectively tackle cyber-crimes against women and children in the country and formulated-

1.      The unit for reporting cyber-crime online,

2.      Unit of Forensic Science,

3.      Unit for Capacity Building,

4.      Units of Research and Development and

5.      Unit for raising awareness.

Making a written complaint to the cybercrime cell has proven to be the most acceptable method of reporting the crime, as some individuals still cannot pay internet costs or lack the necessary information. A cybercrime victim can register a written complaint with the nearest cyber-crime cell or any other cyber-crime cell in India. The written complaint must be submitted to the Cybercrime Cell's Head and include the following details about the victim or the person filing the complaint: Name, phone number, and mailing address

The type of cybercrime perpetrated against the victim determines what further documents must be included in the complaint. It is required to include these documents in both offline and online complaints.

Cybercrime, which includes phishing, identity theft, and fraud, has risen dramatically in the last year. However, the present laws do not adequately or comprehensively address it. Consolidation of cybercrime infiltration is also anticipated. This highlights the need of developing more effective and deterrent regulatory frameworks and strict rules to combat cybercrime. The passage and implementation of the Personal Data Protection Bill, 2019, was a significant cyber law development in India for 2021. India has hitherto lacked a distinct data protection legislation. In December 2019, the government introduced the Personal Data Protection Bill 2019 in Parliament. By 2020, the aforementioned Bill would have been actively considered by a Joint Parliamentary Committee. Apart from enhancing proper protection for personal data, enacting the personal data privacy legislation would boost the Indian information technology ecosystem.

*****

Every year on January 30, Martyrs' Day, also known as Shaheed Diwas, is observed across the country. The day commemorates Mahatma Gandhi's death anniversary.

On this day, Indians remember the slain freedom fighters who gave their lives in the fight for the country's independence. Across the country, various events are being held to pay tribute to the fallen.

As is customary, the Centre has directed all state governments and union ministries to observe two minutes of silence at 11 a.m. on the day in honor of martyred independence heroes.

This year marks the 74th death anniversary of Mohandas Karamchand Gandhi, also known as Mahatma Gandhi. The day is observed to commemorate Mahatma Gandhi's contributions to India's independence struggle.

Bapu led numerous freedom movements and was a staunch supporter of nonviolence. Nathuram Godse assassinated The Father of the Nation during his evening prayers in the Birla House in 1948. Godse blamed Gandhi Ji for the partition of India and Pakistan, which resulted in the deaths of thousands of people.

On Martyrs Day, the country's top leaders, including the President, Prime Minister, and Defense Minister, gather at New Delhi's Rajghat to pay tribute to Gandhi Ji. The service chiefs of the three armed forces join them in laying floral wreaths at his memorial.

On March 23, Martyrs' Day is also observed to pay tribute to freedom fighters Bhagat Singh, Shivaram Rajguru, and Sukhdev Thapar. The British hung these three brave revolutionaries on this day in 1931. In 1928, the trio was hanged for assassinating British officer John Saunders. Their storey of sacrifice became an inspiration to millions of Indians.

Every year on January 30 and March 23, India commemorates two Martyr's Days or Shaheed Diwas to honor the sacrifices made by Mahatma Gandhi, Bhagat Singh, Rajguru, Sukhdev, and countless other brave Indian freedom fighters who fought for India's independence, glory, and welfare. Martyr's Day is observed by India and 15 other countries around the world to honor courageous champions.

Mahatma Gandhi's contribution to the nation and its independence is well known. He was a great freedom fighter who taught the lesson of nonviolence and worked to restore the nation's unity, which had been shattered by the British. After India's independence in 1947, Bapu stepped away from politics and began working for people's harmony, peace, and brotherhood.

On January 30, 1948, during evening prayers, the 'Father of the Nation' was assassinated at Gandhi Smriti in the Birla House. On January 30, Mahatma Gandhi was martyred, and the Government of India declared the day Shaheed Diwas, or Martyrs' Day.

Gandhi is the personification of nonviolence. Many world leaders look up to him as an inspiration. Gandhi is revered by many people, including Martin Luther King Jr., the leader of the African-American civil rights movement, Nelson Mandela, the great leader of the South African people, the Dalai Lama, and Albert Einstein.

Gandhi's philosophy is founded on three tenets: nonviolence, the struggle for truth (satyagraha), and individual and political liberty (swaraj). In his fight for peace, he sought guidance from Buddha's and the Prophet Mohammed's teachings. Gandhi believed that pure faith could bring people of different faiths together. "I can see that even in the midst of death, life continues." Truth endures in the face of untruth. Light survives in the midst of darkness. As a result, I conclude that God is life, truth, and light.

Earlier this year, the Central Government ordered that all state governments and union ministries observe two minutes of silence on January 30 in honor of martyred freedom fighters. Millions of Indians were inspired by the sacrifice of the trio of heroes. As a result, March 23 was designated as Shaheed Diwas.

In Mahatma Gandhi's memory, the 30th of January is celebrated as Shaheed Diwas or Martyr's Day, and the 23rd of March is celebrated as Martyr's Day to remember the sacrifice of three extraordinary freedom fighters of India. The British hanged three heroes of our nation, Bhagat Singh, Shivaram Rajguru, and Sukhdev Thapar, on March 23rd.

Without a doubt, they also gave their lives for the welfare of our country, even if they did not follow Mahatma Gandhi's path. They are a source of inspiration for India's youth. They came forward at such a young age, and they fought bravely for independence. To honor these three revolutionaries, Martyr's Day is observed on March 23rd.

Mahatma Gandhi was a pivotal figure in the Indian independence movement. His two most important guiding principles were "Satya," or truth, and "Ahimsa," or nonviolence. Gandhi secured the country's freedom with these two principles and the assistance of several other freedom fighters such as Vallabh Bhai Patel, Subhas Chandra Bose, Lala Lajpat Rai, and Jawaharlal Nehru.

The term Panchayati Raj in India signifies the system of local self-government. It is entrusted with rural development. It was constitutionalized through the 73rd Constitutional Amendment Act of 1992. The Panchayati system is not purely a post-independence concept. The dominant political institution in rural India has been the village panchayat for centuries. In ancient India, panchayats were usually elected councils with executive and judicial powers. Foreign domination, especially Mughal and British, and the natural and forced socio-economic changes had undermined the importance of the village panchayats. In the pre[1]independence period, however, the panchayats were instruments for the dominance of the upper castes over the rest of the village which furthered the divide based on either the socio-economic status or the caste hierarchy. The evolution of the Panchayati Raj System, however, after the attainment of independence after the drafting of the constitution. In Article 40 the Constitution of India it is stated that “The state shall take steps to organize village panchayats that endow them with such powers and authority as may be necessary to enable them to function as units of self-government.”

 There were number of committees appointed by the government of India to study the implementation of self-government at the rural level and also recommend steps in achieving this goal. The committees appointed are- Balwant Rai Mehta Committee (1957)- Committee was set up for monitoring the work of the community development programme of 1952 and the National Extension Service of 1953 and also suggest steps to improvise their work. The committee recommended the establishment of democratic decentralization, which ultimately came to be known as Panchayati Raj. It also recommended three tier system at village, block and district level, Ashok Mehta Committee (1977)- Committee 2 submitted their recommendations included two tier system of panchayat, regular social audit, representation of political parties, regular elections, reservation to SCs/STs in panchayat, G V K Rao Committee (1985)- Committee first time recommended for the constitutional status of PRIs and L M Singhvi Committee (1986)- Nyay Panchayats should be established for a group of villages, enhancing the financial resources of Panchayats, separate judicial tribunal should be established in each state to adjudicate on the disputes regarding the elections and other aspects of panchayats. And then 73rd Constitutional Amendment Act, 1992 which is also considered as new system of Panchayati Raj. 73rd Constitution Amendment Bill was introduced in Lok Sabha in September, 1991. The bill was passed by Lok Sabha on 22nd December, 1992 and by Rajya Sabha on 23rd December, 1992. It received the Presidential assent on 20th April, 1992 and came into force on 24th April, 1993. The 73rd Constitutional Amendment made radical provisions in Article 243 to 243(o) in part IX of the constitution. The act also added Eleventh Schedule in the constitution, which contains 29 subjects assigned to panchayats. Specifically, Article 243(G) of the Constitution of India intended to empower the Gram Panchayats by enabling the State Government to devolve powers and authority in respect of all 29 subjects stated under Eleventh Schedule for local planning and implementation of schemes. For e.g. PRIs have been playing a significant role in implementation of Mahatma Gandhi National Rural Employment Guarantee, since its launch in 2006. MGNREGA one of the largest employments generating schemes which provides alternative employment to the people in rural areas through providing guaranteed employment of 100 days to each rural household. The programme has 261 permissible works out of which around 164 types of works are relating to agriculture and allied activities including water conservation. The thrust of government in creation of individual assets on water conservation and irrigation which would boost the agriculture sector. For dealing with situation arising from COVID-19 spread, the permissible works under MGNREGA had been enhanced to 262 numbers by adding unskilled 3 wage component of 230 person-days for construction of commonly sanitary complexes in convergence with Swachh Bharat Mission. PRIs are primarily responsible for planning, implementation and monitoring of the works that are undertaken.

PRIs were established as a three-tier structure based on direct elections at all three tiers. Which are- gram panchayat, panchayat samiti and zila parishad. Major function of PRIs includes preparing plans for economic development and social justice.

Gram Panchayat- Civic functions relating to sanitation, cleaning of public roads, public toilets, supply of drinking water, public wells, primary health care and education, etc. are the major functions of village panchayats. For e.g. Role of PRIs is to implement Jal Jeevan Mission, a flagship programme launched by the PM Shri Narendra Modi in 2019, aims to provide all rural household with tap water supply in adequate quantity and of prescribed quality by 2024. The amin aim is to provide functional household tap connections to every household of the country. During the current fiscal (2019-2020), Rs. 8050 crores have been made available to the states for implementation of JJM by the Central Government. The role gram panchayats have been to identify beneficiaries under the Pradhan Mantri Awas Yojana is also a flagship scheme of the government. The scheme provides assistance to BPL families who are either houseless or having inadequate housing facilities for constructing a safe and durable shelter.

Panchayat Samiti- It is a second tier of the Panchayati Raj is Panchayati Samiti. It bridges the link between Gram Panchayat and Zila Parishad. In Panchayat Samiti members are directly elected. Sarpanchs of Gram Panchayats are ex[1]officio members of Panchayati Samiti.

Zila Parishad- It is the uppermost tier of the PRIs. This institution has directly elected members. Chairpersons of panchayat samitis are ex-officio members of 4 zila parishad. Members of Parliaments, legislative assemblies and councils belonging to the districts are also nominated members of zila parishads. It also prepares district plans and integrates samiti plans for submission to the State Government. Another critical aspect of 73rd Constitutional Amendment was the insertion of a clause under Article 280 (3) (bb) of the constitution that the Union Finance Commission would recommend measures to supplementing the resources of the Panchayats in the state on the basis of the recommendation of Finance Commission of the state.

After getting Constitutional status in 1992, PRIs have played a vital role in the development of the villages. Constitutional recognition established a cemented base for PRIs.

MAYANK

(GGSIPU)

The Indian Constitution is the world's biggest constitution. The highest rule of law in India is the Constitution. The text establishes the foundation for the delineation of essential political codes, structure, processes, powers, and responsibilities of government institutions, as well as fundamental rights, rules, and citizens' obligations.

B.R. Ambedkar, the head of the drafting committee, is widely recognized as the principal architect. The Constitution states India to be a sovereign, socialist, secular, democratic republic that seeks to foster brotherhood while safeguarding justice, equality, and freedom for its inhabitants.

The original 1950 Constitution is kept in helium-filled storage at the Parliament House in New Delhi. The words 'secular' and 'socialist' were inserted to the preamble during the Emergency in 1976. It was approved by the Indian Constituent Assembly on November 26, 1949, and went into force on January 26, 1950.

Article 368 of the Indian constitution states that the government has the authority to change the constitution. There are two kinds of amending procedures: rigid and flexible. It is extremely difficult for the people to modify the constitution under the inflexible system. The constitutions of the United States, Canada, and Australia are then read. The Flexible process, on the other hand, is where the constitution may be amended.

The Indian Constitution is both stiff and flexible, meaning that it is difficult to modify yet virtually adaptable. In accordance with Article 368 of the Indian Constitution, a provision must be proposed in any of the houses and must later be passed by a large majority or a simple majority. If the resolution is approved by a vote, it will be delivered to the president for his signature. The constitution has been revised 104 times in the 70 years since Indian independence. It began with 395 articles and 8 schedules and has now grown to over 450 articles and 12 schedules as a result of 104 changes.

Amendment of Indian Constitution Article 368
The Indian Parliament has the authority to change the Indian Constitution and its processes under Article 368 of the Indian Constitution. Amendments to the Indian Constitution are difficult to draught and must be consistent with previous clauses. Article 368 empowers Parliament to change the Constitution while maintaining its core structure. Article 368 of the Indian Constitution specifies two sorts of modifications to the Indian Constitution. The first sort of change is by a simple legislative majority (Lok Sabha and Rajya Sabha), the second by a special parliamentary majority, and the third by a special majority and half of the whole state.

Reason for Amendment Procedure by Article 368
Time is not static; it is always changing. The Constitution should be amended. People's social, cultural, and political circumstances are beginning to change. We would be unable to face future challenges if constitutional amendments were not adopted, and this would constitute a roadblock in the path of growth. There's a reason why our founding fathers built the constitution as strong as it is today. Its purpose is to guarantee that plans evolve in tandem with the country's progress. As a result, under Article 368, Parliament's rights to alter the constitution are infinite in terms of the portions of the constitution that it desires to amend.

The Indian Constitution’s Fundamental Structure
The Supreme Court held in the Kesavanand Bharati case of 1973 that the Parliament could not amend certain elements that comprise the core constitutional structure. Constitutional ideas that are necessary for constitutional existence examples include free and fair elections, the federal nature of the country, judicial review, and power separation. It states that the Constitution is built on some fundamental legislative frameworks and founding ideals. Nobody can get their hands on these.

Major Amendments in the Constitution

First Amendment, 1951

1.     The Constitution (First Amendment) Act of 1951 gave the state the authority to establish specific provisions to help the socially and economically disadvantaged classes.

2.     Savings law that allows for the acquisition of estates, for example.

3.     The Ninth Schedule was added to insulate the land reforms and other measures included in it from judicial scrutiny. Articles 31A and 31B were inserted following Article 31.

4.     Three new grounds for regulating freedom of expression have been added: public order, cordial relations with foreign nations, and incitement to an offence. It also rendered the restrictions 'reasonable,' and hence, by definition, justifiable.

5.     Freedom of expression, holding of Zamindari estate, State trade monopoly, and other issues were raised in the lawsuits. These laws violate property rights, free expression, and equality under the law.

The Constitution (7^th Amendment), 1956

1.     The schedules for the second and seventh weeks have been altered.

2.     The present state division into four divisions (i.e., Part A, Part B, Part C, and Part D states) was repealed and reformed into 14 states and six federal territories.

3.     Union territories were granted high court jurisdiction.

4.     It was provided for two or more states to form a common high court.

5.     If extra and acting High Court justices are appointed.

6.     Implementing the recommendations of the State Reorganization Committee and the State Reorganization Act of 1956. State linguistic re – organization. Class A, B, C, and D have been phased out.

The Constitution (9^th Amendment Act), 1960

1.     Facilitated the cession of the Berubari Union Indian territories (located in West Bengal) to Pakistan, as stipulated in the Indo-Pakistan Agreement (1958). The constitution's Schedule 1 was changed.

2.     Adjustments to Indian Territory as a result of an agreement with Pakistan. Following this, the Union submitted the subject to the Supreme Court, which decided that the Parliament's authority to reduce the extent of a state (under Article 3) did not encompass the cession of Indian territories to a foreign country. As a result, Indian Territory may only be transferred to a foreign state by modifying the Constitution in accordance with Article 368.

The Constitution (10^th Amendment Act), 1961

1.     As a result of the purchase from Portugal, Dadra, Nagar, and Haveli were incorporated as Union Territories.

2.     Article 240 of the Constitution was changed.

The Constitution (11^th Amendment Act), 1961

1.     Changed the mechanism for electing the Vice President by instituting an electoral college rather than a combined parliamentary sitting of the two chambers.

2.     Provided, however, that the election of the President or Vice President cannot be disputed because of a vacancy in the relevant electoral college.

The Constitution (12^th Amendment Act), 1962

1.     The Indian Union absorbed Goa, Daman, and Diu as Union Territories.

2.     Article 240 of the Constitution was changed.

The Constitution (13^th Amendment Act), 1962

1.     Article 371A provides for the formation of Nagaland State, with special protection.

2.     The constitution's Article 170 was amended.

The Constitution (15^th Amendment Act), 1963

1.     Allows the High Court to issue writs to any person or authority, even if the cause of action falls beyond the jurisdiction of the court, if the cause of action arises within its geographical borders.

2.     The retirement age for high court judges has been raised from 60 to 62 years.

3.     As long as retired high court judges are nominated to serve as acting judges on the same court.

4.     The compensation allowance for the transfer of judges from one High Court to another was provided.

5.     Allowing the retired High Court judge to serve as an ad hoc judge on the Supreme Court.

6.     The mechanism for determining the age of Supreme Court and High Court justices was established.

The Constitution (24^th Amendment Act), 1971

1.     Affirmed Parliament's ability to modify every part of the Constitution, including fundamental rights, by revising Articles 13 and 368.

2.     Made it mandatory for the President to sign off on a Constitutional Amendment Bill.

3.     The Twenty-fourth Constitutional Amendment Act was enacted in response to the Supreme Court's Golaknath ruling (1967), which held that Parliament lacks the ability to withdraw constitutional liberties by modifying the Constitution.

The Constitution (26^th Amendment Act), 1971

1.     The old rulers of princely states' privy purses and privileges were abolished.

2.     Article 366 has been amended. Article 363A was added, while Articles 291 and 362 were removed.

The Constitution (31^st Amendment Act), 1973

1.     The number of Lok Sabha seats has been increased from 525 to 545.

2.     This was done as a result of the country's growing population.

The Constitution (36^th Amendment Act), 1975

1.     Sikkim became the 22^nd state of Indian Union.

2.     The 10^th schedule was omitted.

The Constitution (37^th Amendment Act), 1975

1.     Parliament passed it on April 26^th, 1975, to make way for a legislative Assembly and a Council of Ministers for Arunachal Pradesh, the North – westernmost Union Territory of the country.

The Constitution (39^th Amendment Act), 1975

1.     The Lok Sabha passed the Bill on August 7, 1975, and it received presidential assent on August 9, 1975.

2.     The Act makes the election of a Prime Minister or Speaker of Parliament, as well as the election of the President and Vice-President, unassailable in court

3.     The Supreme Court threw down Article 329A in the case of State of Uttar Pradesh v. Raj Narain 1976 (2) SCR 347 for violating the basic structure.

The Constitution (40^th Amendment Act), 1976

1.     The Parliament was given the authority to set the limits of the territorial seas, continental shelf, Exclusive Economic Zone (EEZ), and India's maritime zones at any moment.

2.     The 9th Schedule contains 64 additional Central and State laws, the most of which involve land reform.

The Constitution (42^nd Amendment Act), 1976

Three extra phrases (socialism, secularism, and integrity) were added to the Preamble. Citizens have additional essential obligations (new part IV A). The President was bound by the cabinet's advice. Tribunals with the exception of administrative and other concerns (Added Part XIV A). Up to 2001, the Lok Sabha and state legislatures were frozen on the basis of the 1971 census — Population Management Mechanism. The constitutional amendments were adopted without judicial scrutiny. The Supreme Court and other high courts had limited the authority of judicial review and written jurisdiction. Increased the term of the Lok Sabha and state legislatures from 5 years to 6 years.

The Constitution (43^rd Amendment Act), 1978

1.     This Act repeals the heinous basic provisions law (42nd Amendment) passed under the Emergency. It restores civil freedoms by repealing Article 31D, which granted Parliament the authority to restrict even lawful trade union activities in the name of anti-national activity prevention laws. The new legislation, which has been ratified by more than half of the states in conformity with the Constitution, also returns legislative powers to the states to establish suitable provisions for anti-national acts that are consistent with basic rights. The legislation also re-established the judiciary in its proper role.

2.     The Supreme Court will now have the authority to overturn state legislation, which the 42nd Amendment Act removes. The High Courts would now be allowed to decide the statutory legality of Central Legislation compelling persons living in remote places to obtain speedy justice without having to go to the Supreme Court.

The Constitution (44^th Amendment Act), 1978

1.     Concerning the national emergency, the word 'internal disturbance' has been replaced by the term 'armed rebellion.'

2.     Has required the President to declare a national emergency only on the written proposal of the cabinet.

3.     Has enacted certain constitutional protections for a national emergency and the rule of law.

4.     The right to property was removed from the Fundamental Rights register and established a legal right instead.

5.     Provided, however, that the basic rights protected by Articles 20 and 21 cannot be suspended during a national emergency.

6.     The original tenure of the Lok Sabha and state legislatures (five years) has been reinstated.

7.     Restored the quorum norms in Parliament and state legislatures.

8.     The reference to the British House of Commons was removed from the parliamentary privileges clauses.

9.     The publication of honest accounts of legislative trials and state assemblies in a periodical was granted basic immunity.

10.  The President was permitted to return the cabinet's suggestions for reconsideration once. The reconsidered opinion, on the other hand, will be binding on the President.

The Constitution (52^nd Amendment Act), 1985

1.     Provided for disqualification on the ground of defection of parliamentary members and state legislatures, and added a new Tenth Schedule containing the details in this regard.

2.     The Act made defection of another party unlawful after elections. Any member who defects after elections to another party will be disqualified from being a member of parliament or a legislature of the state.

The Constitution (58^th Amendment Act), 1987

1.     Provided for an authorized text of the Constitution in Hindi and granted the Hindi version of the Constitution the same legal legitimacy as the English version.

2.     This requires particular arrangements for reserving seats for Scheduled Tribes in the states of Arunachal Pradesh, Nagaland, Mizoram, and Meghalaya. The seating alteration was put on hold until 2000 A.D. when Article 322 was amended.

The Constitution (61^st Amendment Act), 1989

1.     The voting age for Lok Sabha and state legislative assembly elections has been reduced from 21 to 18 years.

2.     That was characterized by then-Prime Minister Rajiv Gandhi as an indication of the government's complete trust in the country's young. Because the kids are educated and intelligent, decreasing the voting age will allow the nation's unrepresented youth to express their emotions and maybe get involved in the political process.

The Constitution (62^nd Amendment Act), 1989

1.     It asked for the prolongation for another 10 years of reserve of seats in Parliament and state legislatures for Scheduled Castes and Tribes, as well as reservation for election for the Anglo Indian community.

The Constitution (65^th Amendment Act), 1990

1.     Article 338 of the Constitution has been changed to create a National Commission for Scheduled Castes and Scheduled Tribes comprised of a Chairperson, a Vice-Chairperson, and five additional members nominated by warrant under the supervision and seal of the Chairperson.

The Constitution (69^th Amendment Act), 1991

1.     The purpose of the Act of Parliament was to grant Delhi statehood as the "Delhi National Capital Territory." This also proposes for a 70-member assembly and a 7-member ministerial council in Delhi.

The Constitution (71^st Amendment Act), 1992

1.     The amendment allows Nepali, Manipuri, and Konkani to be included to the Constitution's Eighth Schedule. With the addition of these three languages, the number of languages in the Eighth Schedule rises to 18.

The Constitution (73^rd Amendment Act), 1992

1.     The Parliament enacted the Seventy-third Constitutional Amendment Act, 1992, on 22 December 1992, and it was notified by the Central Government via the Official Gazette on 20 April 1993, when it was rectified by the lawmakers of the State and authorized by the President of India. The institutions of Panchayati Raj now have constitutional legitimacy.

2.     Because of Part VIII of the with the introduction of the responsibilities and duties of Panchayati Raj Institutions in Article 243A and the new schedule known as the Eleventh Schedule, a new section IX was introduced to the Constitution. The Act establishes Gram Sabha, a three-tier Panchayati Raj model, and the reservation of seats for SCs and STs in proportion to their population, as well as the reservation of one-third of seats for women.

The Constitution (76^th Amendment Act), 1994

This Amendment Act raises the reservation ceiling for government employment and admission seats in educational institutions in Tamil Nadu to 69% in favor of socially and educationally disadvantaged groups. Furthermore, the Amendment Act was inserted in the Constitution's Ninth Schedule to insulate it from judicial examination.

The Constitution (77^th Amendment Act), 1995

This amendment inserted a new section (4-a) to Article 16 of the Constitution, allowing the state to adopt any reservation measures in favor of SCs and STs in promotions in government employment if it believes they are underrepresented in state services. This was done to neutralize the effect of the Supreme Court's decision in the Mandal Commission case (Indra Sawhney vs. Union of India), in which the Court ruled that quotas on promotions are not permissible.

The Constitution (80^th Amendment Act), 2000

Based on the suggestions of the Tenth Finance Committee, the Constitution (Eightieth Amendment) Act of 2000 created an alternate plan for the division of taxes between the Union and the Province. Under the existing income-sharing agreement between the Union and the states, 26 percent of total Federal tax and duty revenues are to be paid to the states in lieu of their current amount of income tax, excise duty, special excise duties, and exemptions from taxes on rail passenger fares.

The Constitution (81^st Amendment Act), 2000

The unfilled vacancies of one year reserved for the Scheduled Castes and Scheduled Tribes in accordance with the clause of Reservations made pursuant to Article 16 of the Constitution shall be regarded as a distinct class of vacancies to be filled in every subsequent year or year, and these class of vacancies shall not be counted in accordance with the vacancies of the year in which they were filled to determine the limit of a quota of fifty pence.

The Constitution (84^th Amendment Act), 2001

The Act amended Articles 82 and 170(3) of the Constitution to readjust and rationalize the geographical constituencies of the States without changing the number of seats allotted to each State in the House of People and Parliamentary Assemblies of States, including Scheduled Castes and Scheduled Tribes Constituencies, on a population-based basis determined in the 1991 census, in order to close the gap created by unequal population/electoral growth in different constituencies.

The Constitution (86^th Amendment Act), 2002

1.     To make the right to free and compulsory education a basic right, the Act inserts a new Article, Article 21A, which grants the right to free and compulsory education to all children aged 6 to 14 years. Parts III, IV, and V of the Constitution are amended by the law (A).

2.     One of the most significant developments was that, with government assistance, the government required private schools to take 25% of their class size from socially vulnerable or underprivileged classes in society through a random allocation method. This step was done in order to provide everyone with a high-quality education.

The Constitution (88^th Amendment Act), 2003

Service tax collected and appropriated by the Union and States, levied by the Union. The Acts amends Articles 268, 270 and VII schedule.

The Constitution (92^nd Amendment Act), 2003

The amendment advocates the inclusion languages Bodo, Dogri, Maithili, and Santhali into the constitution's VIIIth Schedule. With the addition of these four languages, the number of languages in the VIIIth Schedule increases to 22.

The Constitution (95^th Amendment Act), 2010

The amendment proposes to raise the quota of seats in the Lok Sabha and state legislatures for SCs and STs from 60 to 70 years.

The Constitution (96^th Amendment Act), 2011

Replaced Odia for Oriya in Indian Constitution 8^th Schedule.

The Constitution (97^th Amendment Act), 2012

Article 19(l)(c) was amended to include the words "or cooperative societies" after the term "or unions," as well as the addition of Article 43B, Promotion of cooperative societies, and Part-IXB, Co-operative societies. The amendment's goal is to foster cooperative economic activities that would help rural India prosper. It is necessary not just to preserve cooperatives' independence and democracy, but also to keep management accountable to members and other stakeholders.

The Constitution (99^th Amendment Act), 2014

It called for the setting up of the National judicial Commission.

The Constitution (100^th Amendment Act), 2015

Other enclave areas are being exchanged with Bangladesh. Citizenship rights are being conferred to enclave inhabitants as a result of the signing of the Treaty of Land Boundary Agreement (LBA) between India and Bangladesh.

The Constitution (101^st Amendment Act), 2016

1.     With the enactment and subsequent notices of the 101st Constitution Amendment Act, 2016, the Goods and Services Tax (GST) went into effect on September 8, 2016.

2.     Articles 246A, 269A, and 279A were incorporated into the constitution. The amendment permitted modifications to the 7th cycle of the constitution. Previously, Union List entry 84 included duties on cigarettes, alcoholic beverages, marijuana, Indian hemp, medicines and pharmaceuticals, and medical and bathroom arrangements. Following the modification, petroleum oil, high-speed gasoline, engine spirit (petrol), natural gas, and air turbine power, cigarettes, and cigarettes items should be mentioned.

3.     Entry 92 has been eliminated (newspapers and advertisements placed in them); they are now subject to GST. Entry 92-C (Service Tax) has been removed from the union list. Entry 52 (in-state sales tax) has been deleted from the State register.

4.     According to the provisions of List I Entry 92-A, Taxes on the export or purchase of products other than newspapers, have now been supplemented by Taxes on the sale of petroleum oil, high-speed gasoline, motor spirit (petroleum), natural gas, aviation turbine fuel, and alcoholic spirit for human consumption, but not including the sale or distribution in the form of inter-State commerce or commerce Reference 55 (Taxes on Advertising).

The Constitution (102^nd Amendment Act), 2018

The bill seeks to give the National Commission on Backward Classes legal standing. It wants to establish a new Article 338B into the constitution that provides for the NCBC, its mandate, composition, functions, and different offices. Inserted a new Article 342-A authorizing the President to inform that state/union territory's list of socially and educationally disadvantaged classes.

The Constitution (103^rd Amendment Act), 2019

Articles 15 and 16 of the Constitution were amended. It provides for the advancement of the economically disadvantaged segments of society. A considerable 10% of all government posts and college seats will also have a quota for voters other than the wealthy. This law is written with the intention of enforcing Article 46 of the Indian Constitution, a Directive Principle that requires the government to defend the educational and economic interests of the poorer parts of society.

The Constitution (104^th Amendment Act), 2020

This increased seat quotas in the Lok Sabha for SCs and STs, as well as in state legislatures.

"There is no more effective development instrument than women's empowerment," declared Kofi Annan.

Since 2008, India has observed National Female Child Day on January 24th to enhance societal awareness and concern towards the girl child. The commemoration of this day was initiated in order to provide greater assistance and new chances to the country's females. Inequality concerning female children is a widespread issue that encompasses a wide range of issues, including disparities in education, nutrition, legal rights, medical treatment, protection, honor, child marriage, domestic violence, sexual harassment in public places and the workplace, and so on.

India as a nation is primarily male dominated, and the desire for a son is ubiquitous, affecting people from all socioeconomic backgrounds and regions of the country. As a result, it is critical that governmental agencies, non-governmental organizations, and civil society work together to alter this attitude and actually make our society gender equitable and gender aware.

The Ministry of Women and Children established National Girl Child Day in 2008 with the goal of emphasizing the injustices that girls suffer at various levels in our society. The goal of commemorating this day is to raise awareness about a variety of issues, including the rights of a female child, the value of education, adequate nutrition, and health.

The day requires individuals to recognise the issues that restrict girls from expressing their basic rights and to find methods to contribute as much as they can to finding solutions. Even when girls were born, they were sent into the crucible of child marriage. Since the country's independence, the Indian government has worked to remove prejudice against daughters and sons, as well as crimes against them.

The Indian government has taken various initiatives over the years to better the status of girls, including Save the Female Child, Beti Bachao Beti Padhao, free or subsidised education for girl children, and reservations for women in colleges and universities.

Every year on January 24th, India observes National Girl Child Day. It was started in 2008 by the Ministry of Women and Child Development and the Indian government to raise awareness about the injustices that girls face in Indian society. Girl Child Day is observed every year on January 24th for a specific cause. Indira Gandhi is the driving force behind this explanation.

Indira Gandhi was sworn in as India's first female Prime Minister in 1966. The 24th of January is a notable occasion in Indian history, encouraging women's empowerment and gender equality.

The goal of commemorating this day is to promote awareness about the rights of girls. All individuals, including daughters, must be made aware of the prejudice that the girl child faces in society. Every year on this day, state governments across the country undertake awareness campaigns. Aside from National Girl Child Day, October 11 is International Day of the Girl Child. 

Amy Tenny said, “The world needs strong women. Women who will lift and build others, who will love and be loved. Women who live bravely, both tender and fierce. Women of indomitable will”.

The Punjab government declared January 2021 to be the "month of the girl child." Dheeiyan Di Lohri is another scheme that has been launched. Though the topic for National Girl Day has not yet been revealed, the theme for Girl Child Day 2021 was "Digital Generation, Our Generation," and the theme for Girl's Day in 2020 was "My voice, our collective future."

The National Education Policy (NEP)-2020 includes a "Gender Inclusion Fund" to promote the development of girls. The GOI will establish a "Gender Inclusion Fund" to ensure that all girls get a high-quality, fair education. The fund will priorities securing 100 percent enrolment of girls in school and a record participation rate in higher education, closing gender disparities at all levels, promoting gender equity and inclusion in society, and improving girls' leadership ability via constructive civil conversations.

States will also be able to use the funds to promote and scale up effective community-based programs that address local context-specific barriers to females and transgender pupils.

NEP 2020 will focus on the safety and security of female students both on and off campus. Before applying for yearly accreditation, schools must guarantee that their campuses are free of harassment, discrimination, and domineering behavior. This will boost the number of female students in the class.

The initiative will identify societal norms and gender stereotypes that impede females from pursuing an education and contribute to high dropout rates. The Ministry of Education's (MoE) Department of School Education and Literacy is undertaking Samagra Shiksha, an Integrated Scheme for School Education (ISSE) with several interventions aimed at girls' education. One of the primary goals of the Samagra Shiksha is to reduce gender and social class imbalances in school education at all levels.

An specific component of the Khelo India Scheme focuses on the hurdles that girls and women encounter in participating in sports, as well as developing ways to overcome these and enhance participation. Women's participation in the Khelo India Games has increased by 161% between 2018 and 2020. The number of selected female athletes funded by the Khelo India scheme has increased from 657 in 2018 to 1471 in 2019. (223 percent increase). In September 2018, 86 women athletes were a part of the Target Olympic Podium Scheme (TOPS) programme, and presently there are 190 of them (220 percent jump).\

The Department of Science and Technology (DST) has developed the 'Knowledge Involvement in Research Advancement through Nurturing (KIRAN)' Scheme to empower women scientists and technicians with numerous employment prospects. Its primary goal is to achieve gender parity in the science and technology sectors by bringing more female talent into the research and development area through various programs.

The Program for Gender Advancement in Science and Technology Institutions, which began in 2020, intends to create a Charter for Gender Equality in STEM with an emphasis on bringing about transformative changes at the institutional level. The project's goal is to construct a new ecosystem based on institutional competences and to provide continuing mentoring assistance to help them accomplish transformation.

The Ministry of Skill Development is working to provide a favorable environment for skilling women in India Nineteen of the 33 National Skill Training Institutes (NSTIs) provide skill training solely for women. Craftsman Training Scheme has sanctioned 3,400 seats in NSTIs, whereas Crafts Instructor Training Scheme has sanctioned 2,225 seats (CITS).