Maintenance or alimony refers to the legal obligation to provide financial support by one person to another, typically after separation, divorce, or within specific familial relations. It is a measure of social justice envisaged under the Preamble and Constitution of India, particularly Article 39 of the directive principle of state policy and 15(2) under fundamental rights.
India’s constitution establishes a federal system that divides power and responsibilities between central and state governments to promote cooperative governance, effective administration, and regional self-rule. In recent times, however, the quasi-federal balance has faced mounting challenges, especially when. Cental agencies are perceived as encroaching on areas constitutionally reserved for the states.
Judiciary at the time of constitution framing was an institution that aimed at resolving disputes, interpreting the constitution, protecting rights, and conducting judicial review. When it comes out of this sphere of traditional role and ensures the accomplishment of the ideals of a welfare state, then it is termed as ‘Judicial Activism’.
“Personal liberty is a very precious fundamental right, and it should be curtailed only when it becomes imperative according to the peculiar facts and circumstances of the cases”
In a landmark decision that brings constitutional principles into step with the realities of digital age, the Supreme Court of India in the cases of Pragya Prasun v. Union of India and Amar Jain v. Union of India and ors held that the right to access digital services are a fundamental aspect of right to life and personal liberty guaranteed under Article 21.
The Indian government system shared powers between the central and state governments. The sharing of power is essential as it forms a key part of how state laws become actual laws. The governor of the state has an essential role, either by approving the bill or sometimes sending it to the president for consideration.
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