ARTICLE 19(1) OF THE CONSTITUTION OF INDIA: AN ANALYSIS
India had achieved independence after huge bloodshed only for the citizens of the country so that they could live happily, without any interference from outside, which is known as sovereignty. Just after three tears, on the 26th day of November 1950, India had drafted its first Constitution, with its founding fathers being Dr. B.R. Ambedkar, Sir Benegal Narsing Rao, Surendra Nath Mukherjee and others. The Constitution of India has 22 parts and 395 Articles, and Part III of the Constitution is enshrined with the Fundamental Rights, ranging from Articles 12 to 35. Article 19(1) of the Constitution of India gives the freedom of speech and expression to all the citizens of India. The Supreme Court has ruled in the case of Devendrappa (1998) that reasonable restrictions may have to be imposed in the freedom of speech and expression in the interest of maintaining discipline in public services, even though it may not have been mentioned as a ground in Article 19(2).
THE SUPACE- A FAREWELL GIFT BY CJI TO THE INDIAN JUDICIARY
A new concept of virtual hearing ARTIFICIAL INTELLIGENCE has been introduced by Hon’ble Shri S.A.Bobde recently, named as “SUPACE”. This is a complete blend of human and machine intelligence. The curiosity to know and have knowledge about a new thing automatically comes to the human mind. This blog, deals with the ARTIFICIAL INTELLIGENCE (SUPACE), it's working and uses in the Indian Judiciary.
Misuse of Gender Laws in India
This paper, titled ‘Misuse of Gender Laws in India’, attempts to put forth some major loopholes in our Judicial System with respect to gender-oriented laws. It tries to make a sincere effort to understand how and why these loopholes get exploited by a section of society. It aims to critically evaluate, study and examine the major difference between what was intended by some laws versus what actually became of them through their massive misuse. This is one of those areas which has just started to gain momentum among the masses, but the legal and societal recognition of which has not received enough attention. There is also a significant dearth of quality literature available in this respect.
Top Thirty Supreme Court Judgements of India in 2020-2021
Among the numerous supreme court judgements passed this year, we have made an effort to reflect upon the top thirty supreme court judgements of India in 2020-2021.
ABORTION AND INTERNATIONAL LAW
The abortion decision involves several parties, all with their own legally protected interests, civil liberties or fundamental human rights. These parties are the fetus, the pregnant woman, the doctor, the father of the fetus and the parents of the pregnant minor.
Self-Reliant India: An Opportunity in The Time of The Pandemic
Atmanirbhar Bharat Abhiyan also is said as Self-Reliant India Mission was authoritatively announced in May to fight the COVID-19-induced economic slowdown by Prime Minister Narendra Modi while addressing to the nation.
Reservation for Promotion: Is the State Bound to Provide It?
After independence, the rights of a minority was continued to be safeguarded, but significant changes happened in 1979 with the Mandal Commission Report which called for a change to admissions to institutes of higher education, except where states already had more generous requirements.
Preamble: The Essence of The Indian Constitution
A constitution is a fundamental law of a country, either written or unwritten, which is a framework of rules for the establishment of governmental institutions, their powers & functions, and their mechanisms.
Difference between Dishonestly & Fraudulently in the Indian Penal Code, 1860
Dishonestly & Fraudulently are usually confused as synonyms, although they have different meanings and uses in criminal law. The main factor in discriminating them is the level of punishment. Dishonestly is non-cognizable, whereas fraudulently is a cognizable offence.
Difference between Kidnapping and Abduction
The word “kidnapping” has been derived from the word ‘kid’ meaning child and ‘napping’ to steal. Thus the word literally means “child stealing”. However, under the Indian Penal Code it is not confined to child stealing. It has been given broader implication, i.e., carrying away of a human being against his/her consent, or the person accused removes the person from his/her lawful guardianship.
Differences between “May Presume” “Shall Presume” And “ Conclusive Proof
As per the dictionary, the meaning presumption is ‘an idea that is taken to be true on the basis of probability’ or ‘the act of believing that something is true without having any proof’.
Covid-19 and the Justice Delivery Mechanism
Indian judiciary is known and acknowledged as one of the most progressive and most reliable judicial institutions around the globe, supporting and serving democratic order. It is appreciable that the Court has quickly adapted to technology to address the grievances of the litigants and dispose of the crucial and urgent matters which is a vital function of judiciary highlighting the fact that justice cannot be suspended even during the lockdown. At the same time, some hurdles are ceasing the way to deliver justice. In this essay, the authors aim to discuss the limitation of law in delivering justice and the matters which are crucial and urgent, yet unable to get listed for hearing.
COVID-19: Penal provisions for enforcing social distancing
On 11 March 2020 WHO declared the Novel Coronavirus Disease (COVID-19) outbreak as a pandemic (an epidemic that has spread worldwide, affecting a large number of people). The Union Government has invoked the powers under the Epidemic Diseases Act, 1897 to enhance preparedness and containment of the virus and declared COVID-19 a 'notified disaster' under the Disaster Management Act 2005.
Distinction between ‘Wrongful restraint’ and ‘Wrongful confinement’
The term ‘Wrongful restraint’ denotes a willful obstruction of any individual in order to keep that individual from continuing toward any path in which that individual has a privilege to continue.
Theories of Punishment
With the change in the social structure, society has witnessed various punishment theories and the radical changes that they have undergone from the traditional to the modern level and the crucial problems relating to them.
Meaning of Lawyer, Advocate, Solicitor, Barrister and more
Generally, lawyers, advocates, barrister, solicitors are considered equivalent words, but they are having different meaning, importance, and nature.