A major judicial corruption probe has been launched in South Africa, targeting alleged misconduct and bribery within the country's legal system.
The investigation, backed by state authorities and anti-corruption agencies, raises serious concerns about judicial independence and the rule of law.

South Africa: High-Level Investigations Underway Over Judicial Probe

Judicial Corruption Probe Launched in South Africa | High-Level Investigations Underway

<p><span class="region">Bolivia</span>
<p>Bolivian ex-president Evo Morales accused his successor on Tuesday of launching a "brutal judicial war" against him after prosecutors issued an arrest warrant over his alleged relationship with a minor while in office.</p></p>
<p>Morales, one of Latin America's longest-serving leaders, has been locked in a months-long standoff with the state over accusations he fathered a child in 2016 with a 15-year-old girl.</p>
<p>On Monday, public prosecutor Sandra Gutierrez confirmed that she had issued an arrest warrant for the country's 2006-2019 leader on charges of "human trafficking involving a minor."</p>
<p>She called for him to be placed in preventive custody for six months.</p>
<p><a href="https://www.wionews.com/world/bolivia-court-ruling-bars-ex-leader-morales-from-presidency-774796"><strong>Also read: Bolivia court ruling bars ex-leader Morales from presidency</strong></a></p>
<p>Morales has repeatedly denied the allegations against him, claiming they are part of a plot by incumbent President Luis Arce—a former ally turned rival—to prevent him from staging a political comeback.</p>
<p>Writing on X, the 65-year-old Morales, a left-wing nationalist, accused Arce of being behind the case against him, which he alleged was aimed at currying favor with the United States.</p>
<p>"I denounce to the world that I am the victim of a brutal judicial war (lawfare) carried out by the government of Luis Arce, who promised to hand me over to the US as a trophy of war," he wrote.</p>
<p>Morales's lawyer, Nelson Cox, told AFP on Tuesday that his client was in hiding in his central political stronghold of Cochabamba and would not surrender to the police.</p>
<h2><strong>'Climbing the political ladder' </strong></h2>
<p>A former coca farmer who grew up in grinding poverty, Morales made history as Bolivia's first Indigenous leader but lost support after trying to cling to power for a third term.</p>
<p>In October, prosecutors said they were investigating him for statutory rape—sex with a minor—as well as human trafficking and smuggling, but have since focused on trafficking.</p>
<p>They believe the girl was placed by her parents in the youth guard of Morales's political movement when he was president "with the sole purpose of climbing the political ladder and obtaining benefits... in exchange for their underage daughter."</p>
<p>The girl's father has been in preventive custody since October.</p>
<p>Morales's lawyers claim he was already investigated over the same allegations in 2020 but that the case was dismissed for lack of evidence.</p>
<p><strong>Watch | Bolivians Struggle As Fuel &amp; Food Prices Skyrocket</strong></p>
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<p>Gutierrez said the warrant against Morales was issued on October 16 but that it had been "impossible" to execute it because of resistance from his supporters.</p>
<p>Between mid-October and early November, Morales's mostly Indigenous supporters barricaded highways leading to Cochabamba to prevent his threatened arrest.</p>
<p>The blockade, which caused widespread shortages of food and fuel, lasted for 23 days.</p>
<h2><strong>Eyeing third term </strong></h2>
<p>Dozens of security force members were injured in clashes with the protesters.</p>
<p>At one point Morales accused Arce of trying to have him assassinated, with a video showing a pickup truck in which he had travelled riddled with bullet holes and his driver bleeding from the head.</p>
<p>The government said police shot at his vehicle after coming under fire from his convoy at a police checkpoint.</p>
<p>Morales's refusal to give up power in 2019 after two terms led to a tumultuous exit that cast a shadow over nearly 14 years of economic progress and poverty reduction.</p>
<p>Forced to resign after elections tainted by fraud, he slipped away into exile in Argentina, returning home a year later.</p>
<p>Despite being barred by Bolivia's courts from seeking a third term, he is seeking the nomination of the left-wing MAS party in the August 2025 presidential elections.</p>
<p>In September, he led a march of thousands of Bolivians on the capital, La Paz, to protest Arce's policies.</p>
<p><em>Disclaimer: This story has been published from a news agency feed with minimal edits to adhere to WION's style guide. The headline may have been changed to better reflect the content of the story or to make it more suitable for WION audience.</em></p>


Morales, one of Latin America's longest-serving leaders, has been locked in a months-long standoff with the state over accusations that he fathered a child in 2016 with a 15-year-old girl.



Bolivia Bolivian ex-president Evo Morales accused his successor on Tuesday of launching a "brutal judicial war" against him after prosecutors issued an arrest warrant over his alleged relationship with a minor while in office. Morales, one of Latin America's longest-serving leaders, has been locked in a months-long standoff with the state over accusations he fathered a child in 2016 with a 15-year-old girl. On Monday, public prosecutor Sandra Gutierrez confirmed that she had issued an arrest warrant for the country's 2006-2019 leader on charges of "human trafficking involving a minor." She called for him to be placed in preventive custody for six months. Also read: Bolivia court ruling bars ex-leader Morales from presidency Morales has repeatedly denied the allegations against him, claiming they are part of a plot by incumbent President Luis Arce—a former ally turned rival—to prevent him from staging a political comeback. Writing on X, the 65-year-old Morales, a left-wing nationalist, accused Arce of being behind the case against him, which he alleged was aimed at currying favor with the United States. "I denounce to the world that I am the victim of a brutal judicial war (lawfare) carried out by the government of Luis Arce, who promised to hand me over to the US as a trophy of war," he wrote. Morales's lawyer, Nelson Cox, told AFP on Tuesday that his client was in hiding in his central political stronghold of Cochabamba and would not surrender to the police. 'Climbing the political ladder' A former coca farmer who grew up in grinding poverty, Morales made history as Bolivia's first Indigenous leader but lost support after trying to cling to power for a third term. In October, prosecutors said they were investigating him for statutory rape—sex with a minor—as well as human trafficking and smuggling, but have since focused on trafficking. They believe the girl was placed by her parents in the youth guard of Morales's political movement when he was president "with the sole purpose of climbing the political ladder and obtaining benefits... in exchange for their underage daughter." The girl's father has been in preventive custody since October. Morales's lawyers claim he was already investigated over the same allegations in 2020 but that the case was dismissed for lack of evidence. Watch | Bolivians Struggle As Fuel & Food Prices Skyrocket × Gutierrez said the warrant against Morales was issued on October 16 but that it had been "impossible" to execute it because of resistance from his supporters. Between mid-October and early November, Morales's mostly Indigenous supporters barricaded highways leading to Cochabamba to prevent his threatened arrest. The blockade, which caused widespread shortages of food and fuel, lasted for 23 days. Eyeing third term Dozens of security force members were injured in clashes with the protesters. At one point Morales accused Arce of trying to have him assassinated, with a video showing a pickup truck in which he had travelled riddled with bullet holes and his driver bleeding from the head. The government said police shot at his vehicle after coming under fire from his convoy at a police checkpoint. Morales's refusal to give up power in 2019 after two terms led to a tumultuous exit that cast a shadow over nearly 14 years of economic progress and poverty reduction. Forced to resign after elections tainted by fraud, he slipped away into exile in Argentina, returning home a year later. Despite being barred by Bolivia's courts from seeking a third term, he is seeking the nomination of the left-wing MAS party in the August 2025 presidential elections. In September, he led a march of thousands of Bolivians on the capital, La Paz, to protest Arce's policies. Disclaimer: This story has been published from a news agency feed with minimal edits to adhere to WION's style guide. The headline may have been changed to better reflect the content of the story or to make it more suitable for WION audience.

Bolivian ex-prez slams 'brutal judicial war' after arrest warrant issued against him in sexual abuse case

<p>Bolivian ex-president Evo Morales accused his successor on Tuesday of launching a "brutal judicial war" against him after prosecutors issued an arrest warrant over his alleged relationship with a minor while in office.</p>

<p>Morales, one of Latin America's longest-serving leaders, has been locked in a months-long standoff with the state over accusations he fathered a child in 2016 with a 15-year-old girl.</p>

<p>On Monday, public prosecutor Sandra Gutierrez confirmed that she had issued an arrest warrant for the country's 2006-2019 leader on charges of "human trafficking involving a minor."</p>

<p>She called for him to be placed in preventive custody for six months.</p>

<p><a href="https://www.wionews.com/world/bolivia-court-ruling-bars-ex-leader-morales-from-presidency-774796"><strong>Also read:&nbsp;Bolivia court ruling bars ex-leader Morales from presidency</strong></a></p>

<p>Morales has repeatedly denied the allegations against him, claiming they are part of a plot by incumbent President Luis Arce—a former ally turned rival—to prevent him from staging a political comeback.</p>

<p>Writing on X, the 65-year-old Morales, a left-wing nationalist, accused Arce of being behind the case against him, which he alleged was aimed at currying favor with the United States.</p>

<p>"I denounce to the world that I am the victim of a brutal judicial war (lawfare) carried out by the government of Luis Arce, who promised to hand me over to the US as a trophy of war," he wrote.</p>

<p>Morales's lawyer, Nelson Cox, told AFP on Tuesday that his client was in hiding in his central political stronghold of Cochabamba and would not surrender to the police.</p>

<h2><strong>'Climbing the political ladder'&nbsp;</strong></h2>

<p>A former coca farmer who grew up in grinding poverty, Morales made history as Bolivia's first Indigenous leader but lost support after trying to cling to power for a third term.</p>

<p>In October, prosecutors said they were investigating him for statutory rape—sex with a minor—as well as human trafficking and smuggling, but have since focused on trafficking.</p>

<p>They believe the girl was placed by her parents in the youth guard of Morales's political movement when he was president "with the sole purpose of climbing the political ladder and obtaining benefits... in exchange for their underage daughter."</p>

<p>The girl's father has been in preventive custody since October.</p>

<p>Morales's lawyers claim he was already investigated over the same allegations in 2020 but that the case was dismissed for lack of evidence.</p>

<p><strong>Watch |&nbsp;Bolivians Struggle As Fuel &amp; Food Prices Skyrocket</strong></p>

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<p>Gutierrez said the warrant against Morales was issued on October 16 but that it had been "impossible" to execute it because of resistance from his supporters.</p>

<p>Between mid-October and early November, Morales's mostly Indigenous supporters barricaded highways leading to Cochabamba to prevent his threatened arrest.</p>

<p>The blockade, which caused widespread shortages of food and fuel, lasted for 23 days.</p>

<h2><strong>Eyeing third term&nbsp;</strong></h2>

<p>Dozens of security force members were injured in clashes with the protesters.</p>

<p>At one point Morales accused Arce of trying to have him assassinated, with a video showing a pickup truck in which he had travelled riddled with bullet holes and his driver bleeding from the head.</p>

<p>The government said police shot at his vehicle after coming under fire from his convoy at a police checkpoint.</p>

<p>Morales's refusal to give up power in 2019 after two terms led to a tumultuous exit that cast a shadow over nearly 14 years of economic progress and poverty reduction.</p>

<p>Forced to resign after elections tainted by fraud, he slipped away into exile in Argentina, returning home a year later.</p>

<p>Despite being barred by Bolivia's courts from seeking a third term, he is seeking the nomination of the left-wing MAS party in the August 2025 presidential elections.</p>

<p>In September, he led a march of thousands of Bolivians on the capital, La Paz, to protest Arce's policies.</p>

<p><em>Disclaimer: This story has been published from a news agency feed with minimal edits to adhere to WION's style guide. The headline may have been changed to better reflect the content of the story or to make it more suitable for WION&nbsp;audience.</em></p>


Bolivian ex-president Evo Morales accused his successor on Tuesday of launching a "brutal judicial war" against him after prosecutors issued an arrest warrant over his alleged relationship with a minor while in office.

Bolivian ex-president Evo Morales accused his successor on Tuesday of launching a "brutal judicial war" against him after prosecutors issued an arrest warrant over his alleged relationship with a minor while in office. Morales, one of Latin America's longest-serving leaders, has been locked in a months-long standoff with the state over accusations he fathered a child in 2016 with a 15-year-old girl. On Monday, public prosecutor Sandra Gutierrez confirmed that she had issued an arrest warrant for the country's 2006-2019 leader on charges of "human trafficking involving a minor." She called for him to be placed in preventive custody for six months. Also read: Bolivia court ruling bars ex-leader Morales from presidency Morales has repeatedly denied the allegations against him, claiming they are part of a plot by incumbent President Luis Arce—a former ally turned rival—to prevent him from staging a political comeback. Writing on X, the 65-year-old Morales, a left-wing nationalist, accused Arce of being behind the case against him, which he alleged was aimed at currying favor with the United States. "I denounce to the world that I am the victim of a brutal judicial war (lawfare) carried out by the government of Luis Arce, who promised to hand me over to the US as a trophy of war," he wrote. Morales's lawyer, Nelson Cox, told AFP on Tuesday that his client was in hiding in his central political stronghold of Cochabamba and would not surrender to the police. 'Climbing the political ladder' A former coca farmer who grew up in grinding poverty, Morales made history as Bolivia's first Indigenous leader but lost support after trying to cling to power for a third term. In October, prosecutors said they were investigating him for statutory rape—sex with a minor—as well as human trafficking and smuggling, but have since focused on trafficking. They believe the girl was placed by her parents in the youth guard of Morales's political movement when he was president "with the sole purpose of climbing the political ladder and obtaining benefits... in exchange for their underage daughter." The girl's father has been in preventive custody since October. Morales's lawyers claim he was already investigated over the same allegations in 2020 but that the case was dismissed for lack of evidence. Watch | Bolivians Struggle As Fuel & Food Prices Skyrocket × Gutierrez said the warrant against Morales was issued on October 16 but that it had been "impossible" to execute it because of resistance from his supporters. Between mid-October and early November, Morales's mostly Indigenous supporters barricaded highways leading to Cochabamba to prevent his threatened arrest. The blockade, which caused widespread shortages of food and fuel, lasted for 23 days. Eyeing third term Dozens of security force members were injured in clashes with the protesters. At one point Morales accused Arce of trying to have him assassinated, with a video showing a pickup truck in which he had travelled riddled with bullet holes and his driver bleeding from the head. The government said police shot at his vehicle after coming under fire from his convoy at a police checkpoint. Morales's refusal to give up power in 2019 after two terms led to a tumultuous exit that cast a shadow over nearly 14 years of economic progress and poverty reduction. Forced to resign after elections tainted by fraud, he slipped away into exile in Argentina, returning home a year later. Despite being barred by Bolivia's courts from seeking a third term, he is seeking the nomination of the left-wing MAS party in the August 2025 presidential elections. In September, he led a march of thousands of Bolivians on the capital, La Paz, to protest Arce's policies. Disclaimer: This story has been published from a news agency feed with minimal edits to adhere to WION's style guide. The headline may have been changed to better reflect the content of the story or to make it more suitable for WION audience.

Hundreds of protesters stormed Mexico’s Senate as lawmakers debated a radical reform to overhaul the judiciary, forcing the upper house into a temporary recess to ensure the safety of the senators.

Protesters storm Mexico’s senate to disrupt judicial reform debate

On Tuesday, September 10, protesters stormed Mexico's Senate, causing lawmakers to suspend a debate on controversial proposals by outgoing President Andrés Manuel López Obrador. The proposals would allow voters to elect judges, sparking intense debate and unrest.

Protesters invade Mexican Senate to halt judicial reform debate

IN PICS | Protests rock Israel after parliament approves controversial judicial reform clause

In pics | 'Day of disruption': Thousands march across Israel as judicial bill vote looms

Here we bring you a quick round-up of all the latest news and top headlines from all across the globe - Israeli lawmakers on Tuesday gave an initial nod to a bill that limits Supreme Court power to rule against the government after Prime Minister Benjamin Netanyahu announced he would press on with contentious changes to the justice system.

Israeli lawmakers give first nod to new judicial overhaul bill

<p>For the 18th week in a row, protests against the government's proposed judicial changes went on into the evening on Saturday, with campaigners urging the opposition to wrap up or end talks with the coalition.</p>

<p>“The time has come for decisions,” protest organizers said&nbsp;</p>

<p>“We demand that opposition leader [Yair] Lapid and MK [Benny] Gantz come together to make a decision in the coming week, and if not, to end the negotiations. It’s either judges whipped into submission or democracy.”</p>

<p>Also Read | <a href="https://www.wionews.com/world/japans-kishida-heads-to-seoul-for-landmark-summit-with-yoon-589868">Japan's Kishida heads to Seoul for landmark summit with Yoon</a></p>

<p>Former Israel Defence Forces Chief of Staff, Benny Gantz, said on Saturday at a protest in Netanya that if there was no progress towards a solution, he would reevaluate the negotiations.</p>

<p>“Our goal at the President’s residence is not to be satisfied with talking,” said the National Unity party head.</p>

<p>Yair Lapid, the head of the opposition, expressed concerns at a protest on Saturday in Rehovot. The alliance could not have discussions "while simultaneously discrediting the judges of the High Court of Justice and sending bullies into the streets," the speaker said.</p>

<p>Also Read | <a href="https://www.wionews.com/world/us-at-least-nine-shot-at-mall-in-texas-shooter-killed-by-police-589857">At least nine people killed in shooting at Texas mall; gunman killed by police</a></p>

<p>“We will turn over every stone to see if there is a chance to reach a historic agreement that will accompany us a hundred years into the future, but we will not let them just bide their time to save their government,” said Lapid.</p>

<p>Activists appealed for a deal on the Judicial Selection Committee, the most divisive of the reform elements, as discussions were scheduled to resume on Tuesday. The Yesh Atid party reportedly planned to discuss the panel because reaching an agreement on other issues would be simpler, according to KAN on Saturday.</p>

<p>Tzipi Livni, a former Hatnuah leader who is now in charge of the protest movement, stated in a speech on Saturday that opposition leaders could only reach an understanding with the coalition if they agreed to recognise the independence of judges.</p>

<p><strong>Watch | World at War: How is Russia's Wagner Group sending weapons into Sudan?</strong></p>

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<p>KAN further stated that Yesh Atid was attempting to move discussions over the Conscription Law inside the President's Residence. In accordance with the coalition agreement, the government must handle the haredi (ultra-Orthodox) draft before enacting a budget as the existing statute is slated to expire on July 31. According to reports, the government would ask for a five-month postponement of the bill.</p>

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For the 18th week in a row, protests against the government's proposed judicial changes went on into the evening on Saturday, with campaigners urging the opposition to wrap up or end talks with the coalition.

For the 18th week in a row, protests against the government's proposed judicial changes went on into the evening on Saturday, with campaigners urging the opposition to wrap up or end talks with the coalition. “The time has come for decisions,” protest organizers said “We demand that opposition leader [Yair] Lapid and MK [Benny] Gantz come together to make a decision in the coming week, and if not, to end the negotiations. It’s either judges whipped into submission or democracy.” Also Read | Japan's Kishida heads to Seoul for landmark summit with Yoon Former Israel Defence Forces Chief of Staff, Benny Gantz, said on Saturday at a protest in Netanya that if there was no progress towards a solution, he would reevaluate the negotiations. “Our goal at the President’s residence is not to be satisfied with talking,” said the National Unity party head. Yair Lapid, the head of the opposition, expressed concerns at a protest on Saturday in Rehovot. The alliance could not have discussions "while simultaneously discrediting the judges of the High Court of Justice and sending bullies into the streets," the speaker said. Also Read | At least nine people killed in shooting at Texas mall; gunman killed by police “We will turn over every stone to see if there is a chance to reach a historic agreement that will accompany us a hundred years into the future, but we will not let them just bide their time to save their government,” said Lapid. Activists appealed for a deal on the Judicial Selection Committee, the most divisive of the reform elements, as discussions were scheduled to resume on Tuesday. The Yesh Atid party reportedly planned to discuss the panel because reaching an agreement on other issues would be simpler, according to KAN on Saturday. Tzipi Livni, a former Hatnuah leader who is now in charge of the protest movement, stated in a speech on Saturday that opposition leaders could only reach an understanding with the coalition if they agreed to recognise the independence of judges. Watch | World at War: How is Russia's Wagner Group sending weapons into Sudan? × KAN further stated that Yesh Atid was attempting to move discussions over the Conscription Law inside the President's Residence. In accordance with the coalition agreement, the government must handle the haredi (ultra-Orthodox) draft before enacting a budget as the existing statute is slated to expire on July 31. According to reports, the government would ask for a five-month postponement of the bill. WATCH WION LIVE HERE You can now write for wionews.com and be a part of the community. Share your stories and opinions with us here.

Israel protests continue against judicial reform for 18th week in a row

<p>In a landmark decision, Abu Dhabi has included Hindi as the third official language used in its courts, alongside Arabic and English, as part of a move designed to improve access to justice.</p>

<p>The Abu Dhabi Judicial Department on Saturday said it has extended the adoption of interactive forms of statement of claims filed before courts by including the Hindi language alongside Arabic and English in labour cases.</p>

<p>This is aimed at helping Hindi speakers to learn about litigation procedures, their rights and duties without a language barrier, in addition to facilitating registration procedures via unified forms available through the ADJD website, the judicial body said.</p>

<p>According to official figures, the UAE population is estimated to be around five million of which 2/3rd are immigrants from foreign countries.</p>

<p>The Indian community in the UAE, numbering 2.6 million, constitutes 30 per cent of the total population and is the largest expatriate community in the country.</p>

<p>Yousef Saeed Al Abri, the undersecretary of the ADJD, said the adoption of multilingual interactive forms for claim sheets, grievances, and requests, aims to promote judicial services in line with the plan Tomorrow 2021 and increase the transparency of litigation procedures.</p>

<p>"This is in addition to facilitating registration procedures to the public through simplified and easy forms and raising litigants' legal awareness via interactive forms of the statements of claims, to ensure access to the legal materials related to the subject of the dispute," Al Abri was quoted as saying by the Khaleej Times.</p>

<p>He indicated that the extension of the adoption of interactive forms in several languages comes under the directives of Sheikh Mansour bin Zayed Al Nahyan, Deputy Prime Minister and Minister of Presidential Affairs and ADJD Chairman.</p>

<p>Al Abri explained that the adoption of new languages comes as part of the bilingual litigation system, the first phase of which was launched in November 2018, through the adoption of procedures requiring the plaintiffs to translate the case documents in civil and commercial lawsuits into English, if the defendant is a foreigner.&nbsp;</p>

<p>"The foreign investor receives the case files translated, thus contributing to the provision of a global judicial service that meets the requirements of residents in the Emirate of Abu Dhabi," he added.&nbsp;</p>


In a landmark decision, Abu Dhabi has included Hindi as the third official language used in its courts, alongside Arabic and English, as part of a move designed to improve access to justice.

In a landmark decision, Abu Dhabi has included Hindi as the third official language used in its courts, alongside Arabic and English, as part of a move designed to improve access to justice. The Abu Dhabi Judicial Department on Saturday said it has extended the adoption of interactive forms of statement of claims filed before courts by including the Hindi language alongside Arabic and English in labour cases. This is aimed at helping Hindi speakers to learn about litigation procedures, their rights and duties without a language barrier, in addition to facilitating registration procedures via unified forms available through the ADJD website, the judicial body said. According to official figures, the UAE population is estimated to be around five million of which 2/3rd are immigrants from foreign countries. The Indian community in the UAE, numbering 2.6 million, constitutes 30 per cent of the total population and is the largest expatriate community in the country. Yousef Saeed Al Abri, the undersecretary of the ADJD, said the adoption of multilingual interactive forms for claim sheets, grievances, and requests, aims to promote judicial services in line with the plan Tomorrow 2021 and increase the transparency of litigation procedures. "This is in addition to facilitating registration procedures to the public through simplified and easy forms and raising litigants' legal awareness via interactive forms of the statements of claims, to ensure access to the legal materials related to the subject of the dispute," Al Abri was quoted as saying by the Khaleej Times. He indicated that the extension of the adoption of interactive forms in several languages comes under the directives of Sheikh Mansour bin Zayed Al Nahyan, Deputy Prime Minister and Minister of Presidential Affairs and ADJD Chairman. Al Abri explained that the adoption of new languages comes as part of the bilingual litigation system, the first phase of which was launched in November 2018, through the adoption of procedures requiring the plaintiffs to translate the case documents in civil and commercial lawsuits into English, if the defendant is a foreigner. "The foreign investor receives the case files translated, thus contributing to the provision of a global judicial service that meets the requirements of residents in the Emirate of Abu Dhabi," he added.

Abu Dhabi to use Hindi as third official language in its courts alongside Arabic and English

<p>The idea of a written Constitution was seen in terms of its ability to limit the governmental power. Instead of examining the content of the Constitution, this proposition focused on its functional reality and suggested classifying Constitutions as normative, nominal and semantic.</p>

<p>It is not enough that a Constitution is valid in the legal sense. To be normative i.e. real and effective, it must be faithfully followed by all citizens. It requires the socioeconomic and political situation conducive to its adoption. In other words; a normative constitution provides norms which have been accepted by the society in actual practice.</p>

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<h5>Even though legally valid, a Constitution that is not fulfilling the expectations of people in practice lacks existential reality.</h5>
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<p>However, normativity cannot be taken for granted; it requires actual verification in each case. Even though legally valid, a Constitution that is not fulfilling the expectations of people in practice lacks existential reality. A nominal Constitution, therefore, implies that present socio-economic conditions of the country are not yet prepared for accepting the norms laid down by the Constitution.</p>

<p>Perhaps the adoption of the Constitution is premature. But the hope exists, sooner or later, the government and people will agree to the constitutional norms. When a Constitution instead of controlling the governmental power has itself become a tool in the hands of few to perpetuate their vested interest and curtail the individual liberty, it is described as a semantic Constitution.</p>

<p>Whether Indian Constitution is to be characterised as normative, nominal, or semantic cannot be decided from its text alone. In each case, insight into the realities of the power process is required. Drafted in the background of a long nationalist movement Indian Constitution incorporated all the fundamental policy and value choices of a normative Constitution; the most significant was the idea of constitutionalism.</p>

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<h5>The proclamation of Emergency (1975) witnessed an extraordinary phase that not only threatened the existence of constitutionalism in India but also, its legal and judicial system.</h5>
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<p>However, the working of the Constitution in these seven decades casts a doubt on its normative character. In fact, discharge of emergency powers of the Constitution demonstrates more of its semantic character.</p>

<p>The proclamation of Emergency (1975) witnessed an extraordinary phase that not only threatened the existence of constitutionalism in India but also, its legal and judicial system. The power of the executive was enhanced overnight and, eventually, turned into an authoritarian regime, which not only curtailed the freedom of citizens but also, paralysed the independent judiciary. Supersession of judges, arrests and detentions of political leaders, student union leaders, eminent personalities, without trials shocked the entire nation.</p>

<p>Enactment of Maintenance of Internal Security Act and Defense of India Rules silenced every possible opposition. Imposition of family planning programmes, execution of birth control methods like sterilisation and vasectomy witnessed the invasion of governmental power into the personal lives of common people to control sexuality. The censorship of the press to curb the democratic voices was another feature which our government possibly learned from its alien predecessor.</p>

<p>The tendency to disregard the constitutionalism was also reflected in the exercise of power under Article 356 popularly known as &lsquo;President Rule&rsquo;. Being in nature an emergency and extraordinary power meant to be exercised only as a last resort; the power had more often been misused to distract the democratic and federal fabric of the constitution.</p>

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<h5>In more than 52 cases out of 75, Article 356 has been used for political purposes rather than constitutional.</h5>
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<p>A survey of the use of Article 356 shows that as of now, the President&rsquo;s Rule has been imposed more than hundred times. Sarkaria Commission which analysed 75 cases of President&rsquo;s Rule from June 1951 to May 1987 ( 1950-1954- 3 times, 1955-1959- 3 times, 1960-1964- 2 times, 1965-1969- 9 times, 1970- 1974-19 times, 1975-1979- 21 times, 1980-1987- 18 times) found in more than 52 cases out of 75, Article 356 has been used for political purposes rather than constitutional.</p>

<p>On three occasions (in 1979, 1980 &amp;amp; 1992) assemblies had been dissolved en mass. A Constitution is expected to endure for a long time and therefore the success of institutions requires in those who have to work, readiness to learn from failures of the past, respect the viewpoints of others and capacity for developing healthy conventions an aspect where we perhaps failed and failed miserably.</p>

<p>The post-emergency phase too witnessed a series of draconian laws like AFSPA, which shows that life and liberty of the citizens is still a plaything in the hands of a majority government. A lot needs to be done in the wake of global standards to claim a normative status.</p>

<p><em>(Disclaimer: The author writes here in a personal capacity).</em></p>


Even though legally valid, a Constitution that is not fulfilling the expectations of people in practice lacks existential reality.

The idea of a written Constitution was seen in terms of its ability to limit the governmental power. Instead of examining the content of the Constitution, this proposition focused on its functional reality and suggested classifying Constitutions as normative, nominal and semantic. It is not enough that a Constitution is valid in the legal sense. To be normative i.e. real and effective, it must be faithfully followed by all citizens. It requires the socioeconomic and political situation conducive to its adoption. In other words; a normative constitution provides norms which have been accepted by the society in actual practice. Even though legally valid, a Constitution that is not fulfilling the expectations of people in practice lacks existential reality. × However, normativity cannot be taken for granted; it requires actual verification in each case. Even though legally valid, a Constitution that is not fulfilling the expectations of people in practice lacks existential reality. A nominal Constitution, therefore, implies that present socio-economic conditions of the country are not yet prepared for accepting the norms laid down by the Constitution. Perhaps the adoption of the Constitution is premature. But the hope exists, sooner or later, the government and people will agree to the constitutional norms. When a Constitution instead of controlling the governmental power has itself become a tool in the hands of few to perpetuate their vested interest and curtail the individual liberty, it is described as a semantic Constitution. Whether Indian Constitution is to be characterised as normative, nominal, or semantic cannot be decided from its text alone. In each case, insight into the realities of the power process is required. Drafted in the background of a long nationalist movement Indian Constitution incorporated all the fundamental policy and value choices of a normative Constitution; the most significant was the idea of constitutionalism. The proclamation of Emergency (1975) witnessed an extraordinary phase that not only threatened the existence of constitutionalism in India but also, its legal and judicial system. × However, the working of the Constitution in these seven decades casts a doubt on its normative character. In fact, discharge of emergency powers of the Constitution demonstrates more of its semantic character. The proclamation of Emergency (1975) witnessed an extraordinary phase that not only threatened the existence of constitutionalism in India but also, its legal and judicial system. The power of the executive was enhanced overnight and, eventually, turned into an authoritarian regime, which not only curtailed the freedom of citizens but also, paralysed the independent judiciary. Supersession of judges, arrests and detentions of political leaders, student union leaders, eminent personalities, without trials shocked the entire nation. Enactment of Maintenance of Internal Security Act and Defense of India Rules silenced every possible opposition. Imposition of family planning programmes, execution of birth control methods like sterilisation and vasectomy witnessed the invasion of governmental power into the personal lives of common people to control sexuality. The censorship of the press to curb the democratic voices was another feature which our government possibly learned from its alien predecessor. The tendency to disregard the constitutionalism was also reflected in the exercise of power under Article 356 popularly known as ‘President Rule’. Being in nature an emergency and extraordinary power meant to be exercised only as a last resort; the power had more often been misused to distract the democratic and federal fabric of the constitution. In more than 52 cases out of 75, Article 356 has been used for political purposes rather than constitutional. × A survey of the use of Article 356 shows that as of now, the President’s Rule has been imposed more than hundred times. Sarkaria Commission which analysed 75 cases of President’s Rule from June 1951 to May 1987 ( 1950-1954- 3 times, 1955-1959- 3 times, 1960-1964- 2 times, 1965-1969- 9 times, 1970- 1974-19 times, 1975-1979- 21 times, 1980-1987- 18 times) found in more than 52 cases out of 75, Article 356 has been used for political purposes rather than constitutional. On three occasions (in 1979, 1980 &amp; 1992) assemblies had been dissolved en mass. A Constitution is expected to endure for a long time and therefore the success of institutions requires in those who have to work, readiness to learn from failures of the past, respect the viewpoints of others and capacity for developing healthy conventions an aspect where we perhaps failed and failed miserably. The post-emergency phase too witnessed a series of draconian laws like AFSPA, which shows that life and liberty of the citizens is still a plaything in the hands of a majority government. A lot needs to be done in the wake of global standards to claim a normative status. (Disclaimer: The author writes here in a personal capacity).

Opinion: Does the Constitution of India fulfill expectations of citizens

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