Posts in category: Legal

A stay order is a directive issued by a court that temporarily halts a legal proceeding or action. It is often sought to maintain the status quo until the court can fully review the matter. The process of obtaining a stay order typically involves the following steps:

1. Understand the Grounds for a Stay Order

To request a stay order, you must have valid legal grounds. Common reasons include:

• Protecting against irreparable harm.
• Avoiding the enforcement of an unjust or erroneous order.
• Preventing loss or damage that cannot be adequately compensated.
• Ensuring the proper administration of justice.

2. Consult a Lawyer

Seek the advice of a qualified lawyer specializing in the relevant field of law (civil, criminal, property, etc.). A lawyer will:

• Assess the strength of your case.
• Advise on the appropriate court to approach (e.g., district court, high court, or Supreme Court).
• Draft the required documents.

3. Identify the Appropriate Court

File your application in the court that has jurisdiction over the matter. This could be:

• Trial Court: If the stay is related to ongoing proceedings.
• Appellate Court: To stay the execution of a lower court’s order.
• High Court/Supreme Court: For constitutional or broader jurisdiction matters.

4. File an Application

The application for a stay order typically includes:

• Petition/Application: A written document explaining the facts of the case and reasons for seeking the stay.
• Affidavit: A sworn statement verifying the facts mentioned in the petition.
• Supporting Evidence: Documents, contracts, or other relevant material supporting your claim.

5. Pay Court Fees

Pay the prescribed court fees for filing the stay order application. The amount varies based on the court and nature of the case.

6. Present the Case in Court

• The lawyer will present your case before the judge.
• Highlight the urgency and necessity of the stay.
• Argue why granting the stay is in the interest of justice.

7. Wait for the Court’s Decision

• The court may grant or deny the stay order based on the merits of your case.
• If granted, the stay order will remain effective until the court decides otherwise or until a specified period.

8. Ensure Compliance

• Once the stay order is granted, ensure the opposing party is formally notified.
• Monitor compliance with the stay order and take legal action in case of violations.

Key Points to Remember:

• Stay orders are temporary and often subject to conditions.
• Misrepresentation or concealment of facts can result in the cancellation of the stay order.
• Regular updates from your lawyer are essential to track the progress of the case.

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A protest petition is typically filed in court to challenge or object to a certain legal action, such as the closure of a case by law enforcement or a decision by an authority. Here’s a general guide on how to file a protest petition:

1. Understand the Purpose of the Protest Petition

• A protest petition is usually filed to express dissatisfaction with the findings of an investigation (e.g., closure report by police) or to oppose an action that affects your legal rights.
• Common scenarios include protesting a police closure report in a criminal case or challenging an administrative action.

2. Determine Jurisdiction

• Identify the appropriate court or authority where the protest petition needs to be filed.
• For example:
  • If it is against a police report, file it in the court where the report was submitted.
  • If it’s a civil matter, it might be filed in a court with civil jurisdiction.

3. Draft the Protest Petition

• Hire a Lawyer: It’s advisable to consult a lawyer who specializes in the relevant field (criminal or civil law).
• Format: Follow the standard format accepted by the court. Include:
  • Title and case details (case number, parties involved, etc.).
  • Brief facts of the case.
  • Grounds for the protest.
  • Specific relief or action sought from the court.
  • Supporting documents, if any.
• Language: The petition should be clear, concise, and in the official language of the court.

4. Attach Supporting Documents

• Evidence to back your claims.
• Copies of relevant documents, such as:
  • FIR (First Information Report).
  • Investigation reports.
  • Statements of witnesses.

5. File the Petition

• Submit the protest petition to the court/authority within the prescribed time limit (if applicable).
• Pay the required court fee (if any).

6. Court Proceedings

• After filing, the court will review the petition and may summon you for a hearing.
• Be prepared to present your case and explain why the protest is valid.

7. Await the Decision

• The court may order further investigation, direct specific actions, or dismiss the petition.

Important Notes:

• Timelines: File the petition as soon as you receive notice of the action you’re protesting.

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Amending a plaint involves modifying or correcting the original plaint filed in a court of law. This process is governed by Order VI, Rule 17 of the Code of Civil Procedure, 1908 (CPC) in India or equivalent provisions in other jurisdictions. Here’s how a person can amend the plaint:

1. Identify the Need for Amendment

• Rectify Errors: Correct typographical, factual, or legal mistakes.
• Add or Alter Facts: Include new facts that have arisen after the filing.
• Change Claims or Reliefs: Adjust or add claims or reliefs sought.
• Comply with Court Directions: Make amendments as directed by the court.

2. Draft the Amendment Application

The party seeking amendment must file an application for amendment along with an affidavit supporting the reasons for the amendment.

The application should include:

• Details of the Proposed Amendment: Specify the changes sought in the plaint.
• Justification for the Amendment: Explain why the amendment is necessary and how it will help determine the real questions in controversy.

3. File the Amendment Application

• Submit the application in the court where the plaint was originally filed.
• Attach the amended plaint (clean copy with proposed changes) to the application for clarity.

4. Serve Notice to the Opposite Party

• Provide a copy of the amendment application to the opposing party.
• They may object to the amendment by filing a reply.

5. Court’s Consideration

• The court will consider the application based on:
  • Timing: Is the amendment sought before or after the commencement of the trial? Amendments post-trial are considered more cautiously.
  • Necessity: Does the amendment address essential issues?
  • Malafide Intent: Ensure there is no ulterior motive or attempt to delay proceedings.
  • Prejudice: Ensure the amendment doesn’t unfairly prejudice the opposite party.
• If the court is satisfied, it will allow the amendment.

6. Incorporate Amendments

• Once the court permits, the plaintiff must incorporate the changes into the plaint within the stipulated time.
• The amended plaint is then filed with the court and served on the opposing party.

7. Limits and Conditions for Amendment

• Due Diligence Requirement: For amendments after the trial begins, the party must show that despite due diligence, they could not propose the amendment earlier.
• Substantial Alteration of the Case: Amendments that fundamentally alter the case or introduce inconsistent claims are usually not allowed.

Relevant Case Laws:

• Narayan Bhagwantrao Gosavi Balajiwale v. Gopal Vinayak Gosavi (1960): Courts should be liberal in allowing amendments unless there’s a substantial reason to refuse.
• Revajeetu Builders and Developers v. Narayanaswamy and Sons (2009): Established guiding principles for allowing or disallowing amendments.

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Introduction

Family law has evolved significantly over the past century, especially regarding child custody laws. These changes reflect shifts in societal values, the role of parents, and the recognition of children’s rights. Historically, child custody decisions were predominantly made in favor of mothers, but this approach is being reconsidered in light of contemporary debates surrounding gender equality, shared parenting, and the best interests of the child. Proposed changes in child custody laws have significant implications for families, children’s well-being, and the legal system.

Historical Overview of Child Custody Laws

In the past, child custody laws were grounded in the “tender years doctrine,” which presumed that mothers were inherently better suited to care for young children. This doctrine reflected the gender norms of the time, where women were expected to fulfill caregiving roles, and men were primarily seen as financial providers. As a result, fathers often had limited access to their children post-divorce or separation.

In the mid-20th century, family law began to shift as societal views on parenting and gender roles evolved. Legal frameworks started moving towards a more neutral approach, emphasizing the best interests of the child rather than defaulting to one parent’s gender. In the 1970s and 1980s, no-fault divorce laws further facilitated the rise of more equitable custody arrangements, as both parents were often seen as equally capable of raising children.

Contemporary Issues in Child Custody

In modern family law, child custody decisions are generally made based on the “best interests of the child” standard. This principle prioritizes the child’s physical, emotional, and psychological well-being over parental preferences or traditional gender roles. However, this standard has raised concerns among parents, legal professionals, and policymakers, leading to discussions about the effectiveness and fairness of current child custody laws.

Some of the key issues in contemporary child custody law include:

1. Parental Gender Roles and Equality: While the legal system has moved towards gender-neutral principles, some argue that mothers are still favored in custody decisions due to lingering stereotypes. Meanwhile, others advocate for shared or equal custody arrangements to promote the involvement of both parents in a child’s life.
2. Parental Alienation: In some cases, one parent may attempt to turn a child against the other parent, a phenomenon known as parental alienation. This can complicate custody decisions and affect the emotional well-being of the child. Family law reforms are seeking ways to address and mitigate the impact of alienation.
3. Non-Traditional Family Structures: The rise of same-sex couples, blended families, and other non-traditional family arrangements has led to more complex custody disputes. These families often face unique challenges when seeking custody or visitation rights, as laws may not be fully prepared to accommodate these evolving family structures.
4. Children’s Voices in Custody Decisions: There has been increasing support for giving children a voice in custody matters. In some jurisdictions, children’s preferences regarding custody arrangements are taken into account, particularly if the child is mature enough to express a reasoned opinion. However, concerns exist about the emotional pressure this may place on children and whether their wishes always align with their best interests.

Proposed Changes in Child Custody Laws

Several proposed changes in child custody laws aim to address contemporary concerns and further refine how custody decisions are made:

1. Presumption of Shared Parenting: One of the most debated reforms is the introduction of a legal presumption for shared parenting, which would automatically provide both parents with equal time with their child unless evidence suggests otherwise. Proponents argue that this approach ensures both parents remain actively involved in the child’s life, fostering a more balanced and supportive environment. Critics, however, express concerns that this could be problematic in cases of domestic violence or when one parent is not emotionally or physically capable of sharing custody.
2. Parental Alienation and Court-Ordered Therapy: To address issues of parental alienation, some proposed laws suggest mandatory therapy or counseling for families where alienation is suspected. These programs aim to rebuild relationships and help both parents focus on the child’s needs. Such measures could improve long-term outcomes for children caught in high-conflict custody cases.
3. Incorporating Children’s Wishes More Systematically: Some jurisdictions are exploring how to give greater weight to children’s preferences in custody decisions, particularly when they reach a certain age or maturity level. This could involve more structured hearings or consultations with mental health professionals to determine how the child feels about their living arrangements. However, this raises ethical concerns about the emotional strain placed on children in custody battles.
4. Flexibility for Non-Traditional Families: As the family structure continues to evolve, legal reforms may be needed to address the needs of same-sex couples, co-parenting arrangements, and blended families. Some advocates are calling for more inclusive laws that recognize the complexities of modern families and provide clear guidance on issues like custody and visitation.
5. Special Consideration for Domestic Violence Victims: Advocates for domestic violence survivors are pushing for reforms that would better protect victims during custody battles. This includes ensuring that abusers are not granted equal custody rights and that the safety of the child is prioritized in all custody arrangements.

Potential Effects on Families

The proposed changes to child custody laws have significant potential effects on families. Some of the most notable outcomes include:

1. Enhanced Co-Parenting Relationships: By encouraging shared parenting and equal custody, families may see an improvement in co-parenting relationships. Parents would be encouraged to work together for the benefit of their children, which can provide children with a more stable and supportive environment.
2. Improved Child Well-Being: Research suggests that children tend to fare better emotionally and psychologically when both parents are actively involved in their lives. Proposed changes like presuming shared custody may help foster more balanced relationships between children and their parents.
3. Increased Legal Complexities: As family structures become more diverse, legal disputes may become more complex. Courts will need to adapt to a wider variety of family arrangements and determine the best way to balance the rights of parents with the well-being of children. This could increase the burden on the legal system, leading to longer and more costly custody battles.
4. Potential for More Conflict: While shared custody may be beneficial in some cases, it could exacerbate conflicts in high-conflict divorces or abusive relationships. Courts may need to adopt more nuanced approaches to ensure that shared parenting arrangements are in the best interest of the child and do not put them at risk of harm.

Conclusion

The proposed changes in child custody laws reflect a broader shift toward more equitable and child-centered approaches to family law. While these reforms hold the potential to enhance the well-being of children and encourage more active involvement from both parents, they also introduce new challenges and considerations for families and the legal system. As family structures continue to evolve and societal norms shift, family law must remain flexible and responsive to the changing needs of children and families. Ensuring that custody decisions prioritize the best interests of children, while also accommodating the diverse realities of modern families, will be critical for the future of child custody law.

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As of November 2024, Bitcoin and other cryptocurrencies are legal but remain largely unregulated in India. Here’s an overview of the current legal status and regulations:

1. Legality:
   • Cryptocurrencies, including Bitcoin, are not banned in India. The Supreme Court lifted the Reserve Bank of India’s (RBI) 2018 ban on banking services for cryptocurrency-related businesses in 2020, revitalizing the market【7】【8】.
2. Taxation:
   • Profits from cryptocurrency transactions are subject to a flat 30% tax without differentiation between short-term or long-term gains. Additionally, a 1% Tax Deducted at Source (TDS) applies to transactions exceeding ₹50,000 annually. A 4% cess is also levied【7】【8】【9】.
3. Compliance and Monitoring:
   • Cryptocurrencies are classified as Virtual Digital Assets (VDAs) under the Income Tax Act. Transactions involving these assets must adhere to anti-money laundering (AML) and Know Your Customer (KYC) norms under the Prevention of Money Laundering Act (PMLA)【7】【9】.
4. Regulatory Framework:
   • India is yet to adopt a comprehensive regulatory framework for cryptocurrencies. The government is working toward balancing innovation with security and financial stability. There is also a focus on creating an official digital currency by the RBI, which could coexist with private cryptocurrencies【8】【9】.
5. Mining and Trading:
   • Cryptocurrency mining and trading are legal in India. Several platforms facilitate trading, allowing users to convert cryptocurrency to Indian Rupees (INR)【8】.

India’s approach reflects cautious optimism, aiming to harness the benefits of blockchain while addressing associated risks. However, regulatory uncertainties persist, with the government signaling further developments in the near future【7】【8】【9】.

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In cases under Section 138 of the Negotiable Instruments Act, 1881 (NI Act), which deals with cheque dishonor due to insufficiency of funds or other reasons, the accused can raise several defenses to contest the complaint. Here are some common defenses:

1. No Legally Enforceable Debt or Liability

• Defense: The cheque was not issued for the discharge of a legally enforceable debt or liability.
• Explanation: If the accused can prove that the cheque was given as a gift, for charity, as a security, or for a transaction that is void under the law, the prosecution may fail.

2. Cheque Misuse or Coercion

• Defense: The cheque was stolen, obtained through fraud, or was misused.
• Explanation: If the accused can show evidence of coercion, fraud, or theft, it undermines the complainant’s claim.

3. Cheque Given as Security

• Defense: The cheque was issued as a security instrument and not meant for encashment.
• Explanation: If the cheque was intended as a guarantee or for future obligations, it might not qualify under Section 138.

4. Notice Was Not Served Properly

• Defense: The mandatory notice demanding payment was not served, or was defective.
• Explanation: Under Section 138(c), the payee must send a written demand within 30 days of receiving the bank’s dishonor memo. A failure to comply with this requirement invalidates the complaint.

5. Notice Was Not Responded to on Time

• Defense: The accused had already paid the amount within the statutory 15-day period after receiving the notice.
• Explanation: If the accused proves payment, the complaint will not stand.

6. Lack of Jurisdiction

• Defense: The case was filed in a court lacking jurisdiction.
• Explanation: According to the Supreme Court (e.g., Dashrath Rupsingh Rathod vs State of Maharashtra, 2014), jurisdiction lies where:
  • The cheque was presented.
  • The bank dishonored the cheque.
  • The notice was sent/received.

7. Procedural Irregularities

• Defense: The complainant did not follow proper legal procedures.
• Examples:
  • Filing beyond the prescribed one-month limitation period after the cause of action.
  • Filing against the wrong entity (e.g., individual vs. company liability).

8. Stop Payment Instructions

• Defense: A valid stop payment order was issued before the cheque was presented.
• Explanation: If the stop payment instruction was due to reasons unrelated to insufficient funds or legally enforceable debt, it might weaken the complainant’s case.

9. Cheque Alterations

• Defense: The cheque was materially altered or tampered with after issuance.
• Explanation: Tampering with the date, amount, or signature makes the cheque void.

10. Post-Dated Cheque (Not Payable at the Time of Presentation)

• Defense: The cheque was post-dated and not meant to be cashed before a particular date.
• Explanation: If the cheque was presented prematurely, Section 138 may not apply.

Key Evidence to Support Defenses:

1. Correspondence or agreements indicating the nature of the cheque (e.g., security, gift).
2. Bank records showing stop payment orders or prior settlement.
3. Forensic evidence if the cheque is claimed to be forged or altered.
4. Documentary proof of repayment or non-existence of liability.

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Under Section 138 of the Negotiable Instruments Act, 1881 (NI Act), a cheque drawee may seek relief by asserting valid defenses or taking steps that demonstrate compliance with the law. Here’s how a drawee can approach relief:

1. Understanding Section 138

Section 138 penalizes dishonor of cheques due to insufficient funds or when payment exceeds the arrangement between the drawer and the bank. To be held liable, certain conditions must be met:

• The cheque is presented within its validity period (usually 3 months).
• The payee issues a legal notice within 30 days of dishonor.
• The drawer fails to make payment within 15 days of receiving the notice.
• The complaint is filed within the stipulated timeframe.

2. Grounds for Relief

The drawee may seek relief on the following grounds:

a. No Legal Enforceable Debt

• If the cheque was not issued for the discharge of a legally enforceable debt or liability, the drawee can argue that Section 138 does not apply.

b. Defects in Notice

• If the legal notice served by the payee is defective (e.g., incorrect address, insufficient details), the drawee may challenge the proceedings.

c. Cheque Issued as Security

• If the cheque was issued as a security and not as payment for a debt, this can be used as a defense.

d. Post-Dated Cheque or Without Proper Authority

• If the cheque was post-dated and not yet due, or was issued without proper authorization, the drawee can raise these defenses.

e. Settlement or Payment

• If the amount due was already settled or paid by other means, this can be used as evidence of no liability.

f. Absence of Mens Rea (Intention)

• Section 138 applies only when the dishonor is intentional. Accidental errors or mismanagement in the bank account may weaken the complainant’s case.

3. Procedural Defenses

• Improper Jurisdiction: If the complaint is filed in a court that lacks jurisdiction.
• Delay in Filing Complaint: If the complaint was filed beyond the prescribed timeframe.
• Lapse in Complainant’s Action: If the payee failed to adhere to the notice and timeline requirements under Section 138.

4. Steps for Seeking Relief

• Engage a Competent Lawyer: A lawyer experienced in NI Act cases can draft a suitable defense and challenge the case effectively.
• Reply to Legal Notice: Respond promptly to the payee’s notice with factual and legal defenses.
• File a Petition for Quashing the Complaint: Under Section 482 of the CrPC, the drawee can approach the High Court to quash proceedings if they are frivolous or lack merit.
• Evidence Submission: Gather all necessary evidence, such as proof of payment, correspondence, or agreements, to demonstrate innocence.

5. Seek Out-of-Court Settlement

If possible, resolving the issue amicably with the payee can save time and resources. Courts often encourage settlement in cheque bounce cases.

Under Section 125 of the Criminal Procedure Code (CrPC) in India, a woman can seek maintenance for herself and her dependents. This provision is designed to prevent destitution and ensure that individuals who cannot support themselves are financially assisted by those legally obligated to maintain them. Here’s how a woman can proceed to seek maintenance under Section 125 CrPC:

Eligibility to Claim Maintenance

1. Wife:
   • The wife can seek maintenance if:
     • She is unable to maintain herself.
     • Her husband has neglected or refused to provide maintenance.
   • However, a wife living in adultery or who has voluntarily abandoned her husband without sufficient cause may not be eligible.
2. Other Dependents:
   • Minor children (legitimate or illegitimate).
   • Parents who are unable to maintain themselves.
   • Divorced women, unless remarried.

Steps to Seek Maintenance

1. Hire a Lawyer (Optional):
   • Although not mandatory, hiring a legal professional can help navigate the complexities of filing and arguing the case.
2. Drafting the Application:
   • The woman must file an application in the appropriate Magistrate’s Court having jurisdiction.
   • The application should clearly state the facts:
     • Marriage details (if applicable).
     • Circumstances leading to the need for maintenance.
     • Evidence of husband’s income and neglect or refusal to maintain.
3. Submission of Evidence:
   • Submit documents to support the claim, such as:
     • Proof of marriage (if applicable).
     • Husband’s income details (e.g., salary slip, bank statements).
     • Proof of neglect or refusal to maintain (e.g., communication or witness testimony).
4. Court Proceedings:
   • After filing, the court issues a notice to the respondent (husband or the person from whom maintenance is sought).
   • Both parties are heard.
   • The woman and her lawyer must establish her need and the respondent’s ability to pay.
5. Interim Maintenance (Optional):
   • During the pendency of the case, the court may award interim maintenance to meet immediate needs.
6. Final Order:
   • Based on evidence and arguments, the court decides the amount of maintenance.
   • The amount depends on:
     • The respondent’s income.
     • The claimant’s needs.
     • Other relevant circumstances.

Appeal or Revision

• If dissatisfied with the Magistrate’s decision, either party can appeal to a higher court.

Important Notes

1. Enforcement:
   • If the respondent fails to pay the maintenance ordered, the claimant can file an execution petition, and the court may enforce the order, including imprisonment for non-compliance.
2. No Time Bar:
   • Section 125 CrPC has no time limit for filing. A woman can approach the court anytime after being neglected.
3. Multiple Legal Avenues:
   • Maintenance can also be sought under other laws, such as the Hindu Marriage Act, Domestic Violence Act, or Muslim Personal Law, depending on personal circumstances.

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Registering a cybercrime complaint with the cyber cell of the police in India (or other regions with similar mechanisms) involves a systematic approach. Here’s a step-by-step guide:

1. Collect Evidence

Before filing a complaint, gather all the evidence related to the cybercrime. This may include:

• Screenshots of the fraudulent messages, emails, or websites.
• Details of transactions (bank statements, UPI details, etc.).
• URLs, IP addresses, or any other technical information.
• Copies of chats or call records, if relevant.

2. Determine Jurisdiction

• Cybercrime complaints can usually be filed regardless of the complainant’s location.
• Most countries allow victims to file complaints in their jurisdiction, even if the crime originated elsewhere.

3. Visit the Cyber Crime Portal

In India:

• Go to the National Cyber Crime Reporting Portal: https://cybercrime.gov.in/.
• This portal caters to complaints of cybercrimes like hacking, financial fraud, identity theft, cyberbullying, etc.

Steps:

1. Sign Up/Login: Register with your email ID or phone number.
2. Choose Crime Type: Options include women/child-related cybercrimes or other cyber offenses.
3. Fill in Details: Provide incident details, evidence, and your personal details for follow-up.
4. Submit Complaint: Ensure all details are accurate and submit the complaint.

4. Visit a Local Cyber Crime Cell

• If online filing is inconvenient or if you prefer personal interaction, visit your nearest cyber cell.
• Bring all evidence and your ID proof.

Find the nearest cyber cell:

• Use online directories or contact the local police station for directions.

5. For Emergency Cases

If the crime involves:

• Immediate financial fraud: Call your bank’s fraud helpline and dial 1930 (India’s cybercrime helpline).
• Serious threats: Contact your local police station immediately or dial the police helpline number 112.

6. Follow-Up

After filing the complaint:

• You will receive a tracking ID.
• Regularly check the status of your complaint online or contact the cyber cell for updates.

7. International Complaints

For crimes affecting non-residents:

• Contact the national cybercrime authority of your country.
• Examples: IC3 (U.S.), Europol’s Cyber Crime Centre (EU), etc.

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Article 37 of the Indian Constitution states that the provisions of Part IV, which contains the Directive Principles of State Policy (DPSP), are fundamental in the governance of the country. While these principles are not enforceable by any court, they are declared to be fundamental in the governance of the country and it is the duty of the State to apply these principles in making laws. Despite their non-justiciable nature, the judiciary has played a significant role in acting as a guardian to ensure their implementation and harmony with the Constitution.

Role of Judiciary as a Guardian under Article 37:

1. Ensuring Harmonization of Fundamental Rights and DPSPs:
   • The judiciary has interpreted Fundamental Rights (Part III) and DPSPs (Part IV) to ensure harmony between them. Landmark judgments such as Minerva Mills v. Union of India (1980) emphasize that Parts III and IV of the Constitution are complementary to each other and together form the core of constitutional governance.
2. Guiding State Policies:
   • The judiciary, through its interpretations, has encouraged the State to formulate policies aligned with the Directive Principles. For example, in Unnikrishnan v. State of Andhra Pradesh (1993), the Supreme Court expanded the right to education under Article 21 by deriving support from Article 45, a DPSP promoting free and compulsory education.
3. Judicial Activism and Public Interest Litigation (PIL):
   • The judiciary has used PILs to enforce socio-economic rights inspired by the DPSPs. In cases like Vishaka v. State of Rajasthan (1997), the judiciary laid down guidelines to protect women from sexual harassment at workplaces, indirectly giving effect to DPSPs such as Article 39.
4. Interpretation to Promote Welfare Goals:
   • Courts have interpreted laws in the light of DPSPs to ensure the achievement of welfare goals. For example, in Keshavananda Bharati v. State of Kerala (1973), the judiciary reinforced the importance of DPSPs in maintaining the “basic structure” of the Constitution.
5. Judicial Directions to Promote Principles:
   • The judiciary has directed the executive and legislature to implement specific policies in accordance with the DPSPs. In People’s Union for Democratic Rights v. Union of India (1982), the Supreme Court upheld labor rights based on Article 39.
6. Judiciary as a Moral Guardian:
   • While Article 37 makes the DPSPs non-enforceable, the judiciary has often treated them as a moral and constitutional directive, ensuring that the State does not ignore these principles. This ensures the social and economic justice envisioned by the framers of the Constitution.

In conclusion, under Article 37, while the Directive Principles are not enforceable in a court of law, the judiciary has acted as a guardian and interpreter, ensuring their influence on governance, laws, and socio-economic policies, thereby upholding the spirit of the Constitution.