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).
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Child Right Governance in India and other Laws Related to it
Perhaps the most well-known definition of ‘global governance’, James Rosenau designates it as ‘organisations of rubrics at all stages of hominoid action – from the domestic to the worldwide organisation.’ Today the perception of authority has wedged the attention of researchers in fields like political science, economics, business studies, and global relations to analyse an inclusive variety of marvels such as school life, worldwide policy-making, global organisations, public health, monetary dealings, street gangs or traffic rules. Children and youth are in many circumstances obtainable as ruled by others – parents, teachers, social services, religious establishments, or out of control. For youthful scholars, though, the opposite has been basic in the influence of the field of juvenile studies over the last decades. The intervention of children and young people certainly also impact the schemes of guidelines and governance that border them. They are thus as much theme to these systems as they can be energetic and shapers of them, in many cases organised with or in equivalent to the adults adjacent them. Contempt this heading of children as being both marks and shapers of governance, though, with some exceptions, the methodical study of the governance of children and youth have established little consideration within childhood studies as well as to the examination of how child rights are assumed to form in national and multinational politics, law and society.
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First Information Report (FIR): An Overview
Crime and its reporting happen in relays, a country for its good governance & maintenance of tranquility requires complaints to be registered, these then need to be taken in cognizance and resolved in an established manner. A proper administration of the criminal justice system, therefore, requires balancing the rights of the victim and the accused. In India, the distribution of power takes place among its departments and thus reporting of crime, and its settlement happens by involving various branches of government. Reporting of crime is the initial step in the criminal justice system. The ‘First Information Report’ is an essential process in the investigation of a criminal case, in common parlance and in media reporting.
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.
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Pedagogical Model of The Formation of Professional Competence of Lawyer : Ukrainian Reality
This blog includes the Pedagogical Model of The Formation of Professional Competence of Lawyer from Ukrainian Reality by Professor Prof. Anatoliy Kostrub
Mistake of fact
clarity over one of the prime general exceptions in the code with relevant case overviews and illustrations.
Nature & Significance of Law
Law has become a significant medium for every civilized nation. Theory and philosophy of law is called jurisprudence. Jurisprudence should always be the foundation for framing rules and laws of a nation. Law is a dynamic subject which changes with the changing needs of the society. Philosophers and Jurists have come up with different definitions of law in different eras. Nature of law has also been propounded differently by different jurists. John Locke's theory on Constitutionalism is worth mentioning in present day context because the theory of Constitutionalism is associated with the noble idea which means freedom from arbitrary government . This concept encourages protection/promotions of rights of people, rule of law and accountable governmental procedures. A country which lacks constitutionalism is a dangerous sign which should always be discouraged.
75 Years of the United Nations: How it all started
24th October 2020 marks the 75th anniversary of the United Nations. To commemorate the milestone achieved by this organization which has more legitimacy, convening power, and normative impact than any other organization, this blog explains how and why the United Nations was founded.
TOP 10 LEGAL HEADLINES OF THE WEEK 14 Oct 2020
Special Leave Petition Against HC Order Rejecting Review Petition Cannot Be Entertained When Main Judgment is Not Challenged: States SC
EMERGING ISSUES IN THE FIELD OF ARBITRATION
Alternative dispute resolution has become the new normal for people when it comes to resolving their dispute.
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.
Changing Contours of ‘Socialism’ In The Indian Constitution
Socialism is the cherished goal of Indian political system. It emphasizes the welfare of the people by providing equality among people and thus ensuring political equality to all.
Interface Of Ai And Iot: An Intellectual Property Perspective
When we hear the terms Internet of Things (IoT) and Artificial Intelligence (AI), most of us divulge into the thought of a world which is ahead of its time often portrayed in the movies.
Politics and Advocacy during the COVID-19 Pandemic
COVID-19 has given rise to unimaginable damage and distress. It has turned the world upside down with minimal human contiguity, unemployment and heightened domestic disaccord.
THE TRUTH ABOUT RELIGION AND FGM
Female Genital Mutilation (often referred to as FGM) is a destructive operation
Post COVID-19 India and its Emerging Challenges
COVID-19 pandemic has affected every aspect of life. It has raised concerns around the world regarding health, peace and security.
EDUCATION IN INDEPENDENT INDIA
Education is the basic requirement of every civilized society. The right to education has been recognized as a basic human right in several international conventions, covenants, and treaties.
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.
Biological Age cannot be inclusive of Mental Age
The judiciary is racing towards the liberal interpretation from the strict interpretation of the laws, statutes, and provisions and so on.
The curious case of Enola Holmes
Intellectual Property Rights is the cornerstone of development and enhancement of contemporary literature, performing arts and technology.
Arbitration and Conciliation Act, 1996 vs Insolvency and Bankruptcy Code, 2016
The Indian legislation provides for a various number of laws, but there may come a time when there might occur conflict between the legislations.
Daughter's Right To Ancestral Property: What You Need to Know
In a landmark judgment, recorded on, August 11th, 2020, the Supreme Court expanded on the rights of Hindu women as legal heirs to ancestral property.
IS IT ALLOWED TO HAVE A SECOND BITE AT THE CHERRY?
In the above-mentioned case, the judgment was pronounced in the Delhi High Court by Hon'ble Ms Justice Jyoti Singh.
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.
Top Ten Legal Headlines of The Week 20 Sep 2020
SC Directs States and Union Territories to File Affidavit Specifying Measures for Elderly Care Amid COVID-19.
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Prashant Bhushan Held Guilty of Contempt of Court for Tweeting Against the Judiciary.
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Judicial Custody of Social Activists Who Supported Araria Gangrape Survivor was Totally Impermissible: States SC; Directs release.
Schools of Hindu Law
Hindu Law is codified as well as uncodified. The codified law provides for various laws which have uniform application for all Hindus.
Parliamentary form of Government
1. Introduction 2. Features of Parliamentary government 3. Merits and Demerits of Parliamentary government 4. Reasons for adopting Parliamentary system 5. Distinction between Indian and British models
Mens Rea: An Explanation
Mens rea is a Latin term which means ‘guilty mind’. It is the mental element of a person’s intention to commit a crime, or it is the knowledge that one’s action or lack of action that would result in a crime.
Rights of The Accused in India
In India, the rights of the accused are provided only in cases where a warrant is issued. An accused has certain rights during any investigation; enquiry or trial of offence with which he is charged till the time the crime is not proven.
Probation of Offenders Act 1958: An Overview
An accused person should be given a chance of reformation that he would lose if he is incarcerated in prison and associates with hardened criminals.
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.
Introduction of The Consumer Protection Act, 2019
It is said that consumer is the king of the market and to uphold this, the consumer protection act, 2019 has come into force from 20th July 2020 to give more power to the consumers and to protect so that in no way the consumer is being harassed by the dominant position of the trader and manufacturer.
Difference between Investigation and Inquiry under Criminal Procedure Code 1973
The criminal procedure in India is governed by the CrPC 1973.
Amicus Curiae: The Indian perspective
An amicus curia is a Latin word which means, ‘friend of the court. He/she is a person appointed by the court who is a specialist in any specific area along with the legal knowledge who can assist a court by offering information, expertise, or insight that has a bearing on the issues in the case in the form of a brief. He is not a party to a case and should not be appointed by a party to maintain the transparency and unbiased decision. The Court appoints him and the court itself provides his fees/consultation. The decision on whether to consider an amicus brief lies within the discretion of the court.
The Comfort of Downloading and Its Effects on Copyright
With the emergence and vast development of the internet and the World Wide Web, information on a wide range of subjects has been made available at the tip of an individual’s fingers. Additionally, with the comfort of obtaining and storing information through the popular method of downloading, there has been a significant leap in the transfer of digital information across the globe. Even though downloads have been seen as a blessing, it has also been an issue and has created concerns concerning copyright. This article aims to provide an insight on the issue downloading and its impact on copyright. The author also provides suggestions for reform and a conclusion for the same.
Sources of Hindu Law
Hindu Law is a divine law. It is believed that God has preached the law to the common man through Vedas. Different sages and ascetics life have expounded and refined the unique ideas of life clarified in the Vedas.
IS INDIA AN ONLINE ARBITRATION FRIENDLY JURISDICTION?
India provides for a specialized law that specifically deals with alternative dispute resolution, namely Arbitration and Conciliation Act, 1996. With the outbreak of Covid-19, Indian courts were bound to accept the technological advancement and started the hearing of urgent matters through virtual means. But the question arises are the laws keeping up with technological advancements? Through this article, the author tries to answer whether the Indian laws are compatible with the procedures of online Arbitration.
Jurisdiction of Supreme Court of India
According to Article 124 of the Indian constitution, there shall be a Supreme Court of India. The constitutional powers and jurisdictions of the Supreme Court have been defined from Article 124-147. The Supreme Court is meant to be the highest court of appeal which takes up appeals against the verdict of High Courts. Supreme Court at the apex of Indian Judiciary to uphold the constitution of India, to protect the rights and liberties of citizens and to uphold the values of rule of law. Hence it is known as the guardian of our Constitution.
The Market Regulator SEBI and Controversies
The Securities Exchange Board of India (hereinafter referred to as
The procedure of Arbitration In Consumer Disputes
India is a socialist country, therefore, aims to arrive at a balance wherein all the parties have equal opportunities and no party exercises a dominant position over the other. Indian legislation, therefore, provides for the Consumer Protection Act, 1986 which has been repealed by the newly enforced Consumer Protection Act, 2019 on 20th July 2020.
COVID-19 Pandemic: Impact on Corporates and The Mitigating Measures Taken By Government
COVID-19 is one of the worst crises faced by humankind, a glimpse of the devastating impact of COVID-19 pandemic on the economy was seen by the estimates released by the National Statistical Office. The nation’s GDP growth for the FY was 4.2%, which was the lowest in the last 11 years, while the fourth quarter of the FY witnessed it slump to 3.1%. However, this only takes into account the first week of the lockdown, which started on March 25; thus, the situation is estimated to worsen.
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’.
Legal Recognition of Gender Identity & Sexual Orientation
Progressive social changes in society represent the development of any nation. These changes are measured through various mediums like legislative frameworks, judicial attitude, attitudinal changes in the implementing machinery and mindsets of people. Indian Constitution, in its inception, included the fundamental rights under Part III. These fundamental rights form the basic structure and lifeline for the people. For any violation of the fundamental rights, there are remedial measures under Article 32, i.e. the Right to Constitutional Remedies by the Hon’ble Supreme Court of India. In Dr B.R. Ambedkar’s view, Article 32 is the very heart and soul of the Constitution.
Registration of Film Titles Under the Indian Trademark Law Updated: Jul 31
The title is recognised as the primary distinguishable feature of a movie, and the revenue that accrues from a movie can be principally be identified with its title. For the same reasons, the protection of the title is vital for any person receiving benefits out of the creation. Contrary to common understanding, the trademark law in India is the legislation which protects the title of a movie. This article aims at providing an insight into the registration of films under the Trademark Act, and landmark cases associated with it.
Conversion Therapy: Violation of Ethics And The Way Out
Although the responses are new, the concept of conversion therapy dates to 1920s when homosexuality was considered pathological and attempts to cure gender identity using physical punishment, surgical intervention and counselling were ceaseless. The World Health Organization has not only declassified ‘homosexuality’ and ‘gender identity disorders’ as being mental health disorders but has also endeavoured to disregard conversion therapy as ineffective and detrimental. Since then, a wave of change has emerged for the LGBT+ community, in recognition of their gender identities as regular human developments, globally.
A Socio-legal Analysis On Maltreatment Against Women And Measuring The Social Impacts’
There are various laws for women against violence, like- Constitutional laws, Nari-O-Shishu Nirzaton Daman Ain, 2000, Penal Code,1860, Evidence Act,1872, Criminal Procedure,1898.
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.
Introduction to Tort
The 'Law of Torts‘ is originated by the Common Law of England, which is generally civil in nature. It is well developed in the UK, USA, and other advanced countries.
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.
Meaning & Explanation about Law, Bill, Act and Ordinance
Law is a set of rules and regulations enacted by the parliament to direct the conduct of people.
Difference between Detention, Arrest and Custody
There are certain terms in the Criminal justice system which are ambiguous in nature.