Monday, August 29, 2022

Recent Indian Parliament’s Labour Codes

Because the Indian Constitution classifies labour concerns as part of its concurrent list, the central and regional governments can introduce encompassing and streamlined labour laws and have done so over the years.

Since 2019, the Indian Parliament has introduced four labour codes which have enhanced over forty extant labour laws. The Code on Wages, the first of the new codes, emerged in 2019. The Industrial Relations Code, the Occupational Safety, Health and Working Conditions Code and the Code on Social Security followed in 2020.

The 2019 Code on Wages is centred on employee concerns about wage payment and related issues across all sectors. Featuring nine chapters and 69 sections, the Code on Wages substitutes the 1936 Payment of Wages Act, the 1948 Minimum Wages Act, the 1965 Payment of Bonus Act, and the 1976 Equal Remuneration Act. The minimum wages of Indian workers are a key concern of the Code on Wages. To this effect, the Code proposed the central government’s stipulation of a floor wage based on the living conditions of employees.

Furthermore, the 2019 Code of Wages empowers the central government to define the time bounds of a standard working day and to mandate employers’ payment of overtime wages to employees when applicable. The Code also bars employees from discriminating between employees based on gender with wage payments.

The Industrial Relations Code, 2020 is a modification of the 1926 Trade Unions Act, the 1946 Industrial Employment Act, and the 1947 Industrial Disputes Act. Primarily, the Industrial Relations Code is geared toward fostering improved relations between labour unions and employers, as well as the orderly resolution of industrial disputes. The Industrial Relations Code redefines the term ‘worker’ to include sales promotion employees, journalists, and employees in a supervisory role with a monthly wage of 18,000 rupees or lower.

Employers have an obligation under the Industrial Relations Code to contribute to a special government fund for redundant workers. The contribution for one redundant worker comprises half of the worker’s monthly wages, coupled with additional bonuses as are applicable. In addition, the Code enables employers and workers alike to seek redress for industrial disputes through arbitration.

Thirdly, the Occupational Safety, Health and Working Conditions Code introduces cohesive safety standards across various industries and reduces impediments to seamless administration. The Code draws on 13 labour laws, notably the 1948 Factories Act, the 1952 Mines Act, and the 1970 Contract Labour Act. Establishments are the core focus of the Code, with the latter primarily defining an establishment as a place where a minimum of ten workers are in employment to carry on a business.

The Occupational Safety, Health and Working Conditions Code stipulates an eight-hour daily work limit and relieves employees of the obligation to pay for their safety and health at work. The Code equally guarantees the right of women to work in all establishments, including night shifts.

Further, the Code on Social Security harmonises nine labour laws, including the 1923 Employees’ Compensation Act and the 1972 Payment of Gratuity Act. Under the Code, the government has an obligation to establish a social welfare programme for platform workers, gig workers and unauthorised workers. The Code on Social Security also mandates employers to pay the average daily wage of women on maternity leave. Employers are obligated to pay maternity benefits for a maximum of 26 weeks.



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Government in India - Overview and Types


 India is an independent and democratic nation with its government consisting of a parliamentary system with federal and unitary components. India is also a socialist and secular nation according to the Forty Second Amendment of the Constitution of India.


The Indian Constitution demarcates its government as executive, legislative, and judicial authority. These governmental powers are held by the President, prime minister, parliament, and Supreme Court. For the executive body, the President has the role of the constitutional leader. The Prime minister serves as the nominal head of government affairs.


Per the constitution, India's President has the majority of the executive power. Though most of these powers are on untested waters and, if executed, can cause an array. Prime ministers in India head Councils of Ministers who advise the President on which he must act. The same goes in the states where a Chief Minister leads a Council of Ministers that advises the Governor. The appointment of these ministers, including their head, are from the parliament of India. In addition, the prime minister may be removed by a vote in the Lok Sabha.


The President, who has a five-year term, is also the chief commander of the armed forces and holds various clemency powers. He may confer some executive powers to his Vice President. Further, the President is in charge of choosing several necessary cabinets, including the governors of the 28 states.


The legislative body in India is under the parliament's control. It is bicameral and divided into Rajya Sabha and Lok Sabha. Rajya Sabha is the upper House of Parliament, whose members are appointed according to constitutional provisions by the President. On the other hand, Lok Sabha, the lower house with 543 members, is elected by electorates for a five-year term. The upper house is often referred to as the Council of States, while the lower house is; the House of the People.


Each house holds unique powers, but Lok Sabha is the most potent house since its members were selected by the general population and are seen as the State's direct representatives. Its membership is notably temporary despite the fixed term. The President, on the advice of the Council of Ministers, can remove them. The members of the higher court, Rajya Sabha, enjoy more stability during their six-term reign.


Any laws made by this parliament are subject to judicial evaluation by the courts, with the signature of the President required for any bill to become a law.


Judicial bodies in India have the authority to render judgments, uphold the law, and resolve disputes. The courts in India include the Supreme, High, and District courts. The apex is the Supreme Court, headed by a Chief Justice, appointed by the President and other justices. The Supreme Court also holds the highest appellate powers.


Each of the 28 states in India is mandated to have a high court to handle economic and legal issues. The District courts are courts of the state high courts. There may be more than one district court in a district in India. It is dependent on the population or if the case occurrence is voluminous.


Thursday, August 11, 2022

The Structure and Jurisdiction of Indian Law Courts

India practices a federal system of division of powers- the legislature creates laws, the executive implements these laws, while the judiciary arm of government interprets them. The judiciary dispenses justice as guided by the Constitution.

The court system in India is designed in a pyramidical hierarchy to decentralise power and ensure the administration of justice at all levels, especially the grassroots. At the top of this order is the Supreme Court, followed by the High Courts and subordinate courts. These courts are custodians of the Constitution, protecting citizens’ fundamental human rights, conducting legal inquiries, and providing legal interpretations in civil and criminal matters.

The courts equally operate under judicial precedents following the hierarchy of courts. Consequently, the decided judgements of the supreme and high courts are binding on the subordinate courts.

The Supreme Court of India is the nation’s highest court of law. India established the court on 28 January 1950. Today, the court consists of 34 judges, one of which is appointed as the chief justice by the president. The supreme court possesses five core jurisdictional powers. The first is the original jurisdiction granted to it by the Constitution. This jurisdiction means the court can hear and decide cases between the federal government and states and between two disputing states.

They also have appellate jurisdiction over the high court, which means they can hear cases appealed from the high courts. Their decisions and judgments are binding on the high court and other subordinate courts. Its other two jurisdictions are advisory and review, meaning they can advise the government on any topic of law and examine laws created by the legislature. Lastly, writ jurisdiction means they have the power to issue legal orders.

The second-highest court in India’s judicial hierarchy is the high court. Like the supreme court, a presidential appointee chief justice heads the high court. The high court also retains the power of constitutional review and possesses original, writ and appellate jurisdictions.

Its original jurisdiction covers disputes between people and the government, conflicts between state legislature, and issues concerning revenue. However, its appellate jurisdiction is over the subordinate courts, giving the high courts the authority of superintendents to the subordinate courts.

Subordinate courts are also called district courts. They are present in every district across the country and are presided over by district judges appointed by state governors. India has a high population, requiring these subordinate courts to help ease the flow of justice administration while reducing the burden of the higher courts. District courts have three major courts: civil, criminal and revenue. These three courts also have different classes under them for administrative purposes.

Civil courts have three levels: the district court, the Civil Judge senior division, and the Civil Judge junior division. These classes or levels possess original, pecuniary, territorial, and appellate jurisdiction. This jurisdiction gives them the authority to hear civil disputes, including those of monetary value, exclusively within their district’s location. They have appellate jurisdiction over matters that lower courts have previously heard.

Criminal courts hear matters of criminal liability and operate within the Criminal Procedure Code of 1973. There are four classes of criminal courts in India: court of session, judicial magistrate first class, judicial magistrate second class, and the executive magistrate.

Revenue courts exclusively entertain matters concerning revenue. The court has three administrative classes: the board of revenue, the commissioner collector, and the tehsildar.

Other lower courts include tribunals and Lok adalats, or village courts.



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Monday, August 1, 2022

Painting Styles of the 20th Century

Painting is one of the oldest forms of art. It involves the use of colors and brushes to create masterpieces. Painting is a creative activity and, as such, possesses various styles and techniques. An art style is a distinctive or recognizable expression of art that people use to categorize works of art broadly. It usually refers to the physical aspect of the art based on the artist’s period, location, and teaching. Art historians and students also refer to them as schools or art movements. They could be individualistic or periodic and are essential to understanding and absorbing art. Artists use these styles to convey important feelings or statements.

The 20th century is arguably one of the most eventful periods in art history. Along with various other global movements, art also experienced a considerable shift, seeing the growth and development of many contemporary art styles due to a change in most artists’ perspectives on life. They found unique, exploratory approaches to their art, breaking tradition and abandoning the linear styles of previous centuries for more contemporary styles. The earliest example of this in the 20th century is Fauvism, an art style that developed in 1905. The name of this style roughly translates to mean ‘wild beasts,’ mainly because Fauvism rejected the delicate pastels of the impressionist period, opting instead for bold colors, distorted subjects, and abstract techniques. Through this, it sought to depict life as idealized and natural. This style began to take form in 1901, when French painters Henri Matisse, Andre Derain, and Maurice de Vlaminck decided to share a studio. Fauvism is a predecessor to individualism as an art style.

At the same time, another similar movement was brewing in Germany. Expressionism, popularized in 1913 by artists such as Paul Klee and Edvard Munch, shared various similarities to Fauvism. It shared Fauvism’s love for bold colors and subjectivity. However, Expressionism was an avant-garde style that created abstract, suggestive, and emotional self-expressive pieces. This style also conveyed the horrors of everyday life, using hyper-stylized brushwork to create horrific images. It was difficult for this art style to gain prominence as it came when the world needed more political art.

The most influential art style of this period, Cubism, also began in the 1910s. Artists like Picasso, Cezanne, and Braque were the pioneers of this movement that used geometric, cubed shapes to portray three-dimensional subjects and perspectives with familiar distorted imagery. Early Cubism was rational and usually used monochrome black and grey tones, but later synthetic Cubism integrated external components and bolder colors. After 1918, cubist paintings became lesser-used globally, but this style gave birth to another popular art style in Italy known as Futurism, used generously in painting and sculpting. Futurism was visually similar to Cubism, but it often depicted numerous poses in one single piece. Futurists valued beliefs such as youth and modernity, but they also believed in controversial ideologies such as nationalism, the industrial revolution, and technology over nature. These ideologies caused them to side with Fascist parties, which soured the movement’s reputation after the Second World War.

The mid and late 20th century saw the complete development of Abstraction in art. Influenced by earlier styles, Abstraction artists reduce a subject to its dominant hues, patterns, textures, and shapes to capture its essence instead of visible details. Abstract work purely spurns realism, opting instead for the subjective.



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An Overview of Labour Laws in India

Labour laws refer to the set of laws that define and govern the relationships between employers, employees, organized unions, and the gover...