LAW COLLOQUY

Blog

Legal Blogs

...

CASE ANALYSIS OF B.P. SINGHAL V. UNION OF INDIA

On the suggestion of the Council of Ministers, the President of India removed the Governors of Goa, Gujarat, Haryana, and Uttar Pradesh on July 2, 2004. As a result, a writ petition in the form of a Public Interest Litigation was filed, requesting the reinstatement of the abovementioned Governors of the States. A Governor of a State is appointed by the President of India and serves 'during the pleasure of the President,' according to Articles 155 and 156 of The Constitution of India, 1949. In most cases, a Governor can stay in office for a maximum of five years. However, Article 74 requires the President to act on the advice of the Council and the facts that led to the Governors' removal. Second, a Writ of Certiorari was filed, demanding the quashing of the same order, as well as a Writ of Mandamus, requesting the removal of Ministers, allowing the Governor to continue in office in accordance with the wishes of the Central Government in power. In the current case, the petitioner first demanded the production of papers and then that the four Governors be permitted to serve out the remainder of their five-year terms. This case was heard by a four-judge constitutional bench of India's Supreme Court.

...
19-December-2021
...

The Police Commissionerates System in Bhopal & Indore- Explainer

Before independence, the commissioner system was in force during the British era. It was adopted by the Indian Police after independence. This system is presently applicable in more than 72 metros of the country. Under Part 4 of the Indian Police Act, 1861, the District Officer has certain powers to exercise control over the Police. In this, the Code of Criminal Procedure (CrPC) gives certain powers to the Executive Magistrate for the smooth running of Law and order. Indore is the most populated city of M.P. with a population of 32.72 lakh, while Bhopal is the fifth most populated District with a population of 23.68 lakh as per the census of 2011. Madhya Pradesh Chief Minister Shivraj Singh Chouhan on November 21 announced the implementation of a police commissioner system in the two cities of M.P., Bhopal and Indore, referring growing population and geographical expansion of the two cities and the accompanying administrative and Law & order problems. This blog explains the The Police Commissionerates System and procedure in brief.

...

The Legal Tail Analysing Custodial Violence in Jai Bhim

The film industry has always been a helping hand regarding the pictorial presentation of some real incidents. The virtual vision always leaves a person’s mind in a state of clear images instead of imagination—the impact on the human mind’s last longer when they can see something rather than reading. Looking into the present scenario, the inclination of the filmmakers is more towards the depiction of real incidents with the idea of conveying knowledgeable and quality content to the general public. In the same row comes out a fantastic example of one of the most famous movies nowadays named “JAI BHIM”. This blog analyses the legal perspective of “Custodial Death” and “Police Torture” portrait in the movie.

...

ADDITIONAL PROTOCOLS TO THE GENEVA CONVENTION: UNDERSTANDING REASONS FOR INDIA’S NON-RATIFICATION

As history suggests, India has always ensured to voice its stand and actively participate in becoming a party to international conventions. Subsequently, India is a party to several international treaties, including the Geneva Conventions of 1949. However, contrary to this, when the Additional Protocols to the Geneva Conventions were formulated in 1977, India did not ratify to the international treaties, although it had actively participated during negotiations. This legal blog aims to study and highlight the reasons for India's non- ratification to the Additional Protocols and analyse whether the reasons given by India for non-ratification were justified.

...
09-August-2021