Journal of Constitutional Law and Jurisprudence

Prevalence of Untouchability against Dalits and the caste system in India: A Jurisprudential analysis

Atriyo Bhattacharya — Mon, 15 Apr 2024 00:00:00 +0000

The Dalits (previously known as Untouchables) are victims of the caste-based discrimination prevalent in Indian society. India's Dalits are around 167 million, or one-6th of its population. The scheduled caste (constitutional term for Dalits) community, i.e., Dalits, have likewise sought minority rights and indigenous groups' recognition before global forums. However, the Dalits do not promptly meet the globally concurred rules for minorities or native people groups. In India, Dalits aren't lawfully recognised as a minority group. They enjoy only a few Constitutional protections and Constitutional status in the form of affirmative action, which is distinct from those classified as "minorities". According to philosopher Immanuel Kant, this oppression violates moral laws and is immoral. The research paper apart addressing the constitutional provision of Article 14 (right to equality), article 15(right against discrimination against caste, race, sex, religion or place of birth), article 16(right to equal opportunity in the matter of public employment), and article 17(Abolition of Untouchability), includes philosophies behind the existence of the prevalent caste system and Dalit oppression. This research paper was written, analysing eight articles, seven research papers, a report on Untouchability by the National Council of Applied Economic Research (NCAER) and various case studies on violation of Dalit rights. The NCAER report states that one in every four Indians admits to practising Untouchability in India. As per the authors' analysis and findings, despite legislative and constitutional prohibitions of Untouchability and discrimination based on caste, they continue to suffer caste-based discrimination and violence. I have used the Kantian theories of Categorical imperative, universality principle and John Rawls's theory of the veil of ignorance. Moreover, Ambedkar's Jurisprudence has also influenced the analysis of the problem. In conclusion, the study highlights ongoing caste-based discrimination against Dalits in India, despite legal safeguards, utilizing Kantian and Rawlsian ethical frameworks.

Deciphering Administrative Discretion: The Evolution and Control in Modern Governance

Simran Kashyap — Mon, 15 Apr 2024 00:00:00 +0000

The evolution of administrative law reflects the shifting landscape of state functions and societal values over time. From past authoritarian regimes to modern democratic states, government roles have transformed significantly. This journey, spanning from the Police State to the Welfare State and eventually to the Modern State, corresponds with changes in administrative practices and legal frameworks. Administrative law encompasses various actions, including rule-making, decision-making, application of rules, and ministerial powers, highlighting the diverse functions of modern governance. However, the exercise of administrative discretion presents challenges in balancing autonomy with accountability. In India, mechanisms like judicial review under Articles 14 and 19 of the Constitution safeguard against power abuses, ensuring administrative actions are reasonable and just. Comparative analysis with countries like the United States and England offers insights into different approaches to judicial review and protecting individual rights within administrative frameworks. In essence, administrative law offers a window into the complexities of modern governance, striving to balance state authority with individual rights as we confront 21st-century challenges.

Administrative Action in India

Prerna Shikha — Mon, 11 Mar 2024 00:00:00 +0000

Administrative action in India constitutes a cornerstone of governance, encompassing a diverse array of activities undertaken by administrative authorities at various levels of government. These actions, which include legislative, executive, and quasi-judicial functions, play a pivotal role in the implementation of laws, policies, and regulations. The classification of administrative actions
facilitates a nuanced understanding of their nature and scope, enabling effective scrutiny and oversight. Judicial review, a fundamental aspect of the Indian legal system, ensures the legality, fairness, and adherence to constitutional principles in administrative decision-making. Through mechanisms such as writs and statutory remedies, individuals have recourse against arbitrary or unlawful administrative actions, thus upholding the rule of law and protecting citizens' rights. In a dynamic and evolving regulatory landscape, the effective governance of administrative action requires a delicate balance between executive discretion and judicial oversight, with a focus on transparency, accountability, and the promotion of public welfare.

Constitutional Provisions and Environmental Protection under Indian Law

Dr. Jigisha Singh — Fri, 22 Mar 2024 00:00:00 +0000

This paper endeavors to review the constitutional provisions under the Indian Constitution in the light of Environmental Protection and the role of judiciary by way of judicial activism in evolving numerous principles/rights under the constitutional provisions and ensuring the protection of the environment. The judiciary has moved forward to step into the shoes of the aggrieved party and have provided them with all necessary remedies in case of infringement of their rights, precisely their Fundamental rights. The author would proceed to discuss some of the important/ landmark judgments to see how the environmental jurisprudence has proceeded to evolve on constitutional parameters. And how there is well-organized enforcement of the constitutional mandate by way of Public Interest Litigation. Various rights have been included in Article 21 of the Indian Constitution within the ambit of Right to life and liberty, as environment is vital for the social, economic and moral development of the human beings and it cannot be ignored and/or excluded from the right to life and liberty

Distribution of Taxes and Grants between the Center, State and Local Governments in India: A study of India’s Fiscal Federalism

Arindam Shit — Tue, 05 Mar 2024 00:00:00 +0000

The Constitution of India through various provision uphold the quasi-federal structure of government in terms of separation of power in enacting legislations and in the process of executing the law in the territory. Whereas the concept of fiscal federalism is also having a significant relevance in upholding the structure of government in India. In general terms, the distribution of financial obligations among Union and State Government is terms as fiscal federalism, but the actuality of the same is not that simple. The Constitution of India allows the Union government to distribute grants and taxes among State and local governments from the Consolidated Fund of India and Contingency Fund of India as and when required. But not all grants are backed by statutory provisions, rather some of them are left at the discretion of the Union government and Finance Commission. Which
shows the central state financial relationship can be affected by the conflicts between ruling and opposition parties and as a result the citizens of the country will be affected severely. This research paper has been designed to analyze the obstacles that the Indian government faces to stabilize the fiscal federalism due to various factors and at the same time to justify the federal status of the country in terms of distribution of financial obligations.

Unveiling Writ Jurisdiction: A Historical Analysis and Contemporary Significance

Samiksha Virmani — Tue, 05 Mar 2024 00:00:00 +0000

Unveiling Writ Jurisdiction: A Historical Analysis and Contemporary Significance" delves into the intricate realm of writ jurisdiction, tracing its origins from English common law to its current role as a cornerstone of judicial authority. The paper explores how writs, initially discretionary orders by royal courts, evolved into indispensable instruments for safeguarding individual liberties. Central to this evolution was the Magna Carta of 1215, which curtailed monarchic power and laid the groundwork for using writs as a check on governmental actions. The study meticulously categorizes common writs—such as Habeas Corpus, Mandamus, Certiorari, and Prohibition—clarifying their functions in enforcing compliance with laws and constraining authority. Specifically, it scrutinizes the historical significance and modern applications of these writs, emphasizing their pivotal role in upholding the rule of law and protecting fundamental rights. Highlighting the dynamic nature of writ jurisdiction, the paper explores its interaction with international human rights treaties and constitutional protections. It underscores how writs serve as potent legal remedies, empowering individuals to challenge unlawful detention or governmental overreach. In essence, the research provides a comprehensive overview of writ jurisdiction, from its humble beginnings to its enduring relevance in contemporary legal systems. By shedding light on its historical development and contemporary significance, this paper contributes to a deeper understanding of the crucial role that writs play in ensuring justice and upholding the rule of law.

Appointment of Arbitrators

Aanice Thomas, Yohith Konidala — Tue, 05 Mar 2024 00:00:00 +0000

The appointment of an arbitrator is an integral part of the arbitrator process as it sets the foundation for the arbitration process & the arbitrator(s) play a vital role in gaining mutual confidence of both the parties. As per the Act, an arbitrator can be appointed mutually by both the parties. However, if both the parties are not able to agree on the same, the judiciary can intervene to appoint an arbitrator for the same. By no means are the capabilities & competence of the retired judges in question, but
this continuous appointment of retired judges as arbitrators has created a monopoly in the system which may affect the future scope of the profession in large. In this paper, we shall look deeper into these foundational issues & analyze the nuances & shortcomings with respect to the appointment of arbitrators in India.

Arbitration and Conciliation

Manisha Pathak, Manish Pathak — Mon, 04 Mar 2024 00:00:00 +0000

Alternate Dispute Resolution is a mechanism which includes out of Court settlement provisions like arbitration, mediation, conciliation and negotiation. It is a way of settlement through third person with or without Court interference. It follows the Principle of Natural Justice, equity and good conscience. It promotes speedy disposal of cases. The root of this mechanism lies in specific provisions of Code of Civil Procedure namely Section 89, which provides settlement of dispute by alternate mechanism. There are various advantages to this method such as less involvement of cost, less time consuming, no stringent provisions of Law and so on. This Article broadly covers the concept of Arbitration and Conciliation Act. The Article deals with scope, object and applicability along with other provisions of Arbitration and Conciliation Act. It includes Kinds of Arbitration, advantages and
disadvantages, Arbitral Tribunal, Appointment of Arbitrator, their termination, basis of arbitration, Tribunal, its jurisdiction and process. It also cover the concept of Conciliation as mentioned in the act, such as appointment of conciliator, their role and its procedure. The act broadly speaks about two foreign convention namely Geneva Convention and New York convention. This Article also covers the rules which are laid down in the schedule of the Act, Fees prescribed under schedule of this Act, the grounds on which award can be challenges or arbitrator’s partiality can be questioned. The Article also cover Arbitral Council of India and its role in Indian Judiciary. This article examines effectiveness of these mechanism in promoting fair and impartial decision making. This paper discuss the key skills and qualifications required for the position of arbitrator and conciliator. This paper provide valuable insights into the field of alternate dispute resolution mechanism. It highlights the role of these mechanism in resolving disputes with the help of the provisions of Arbitration and Conciliation Act.

Constitutional Aspects concerning Right to Health: Augmenting Work-Life Balance in Remote Working

Bhupinder Singh — Mon, 05 Feb 2024 00:00:00 +0000

The Constitution of India, 1950 lays down the right to life and under this right “the healthcare and well-being right also available. Work models that are hybrid have several advantages. They enable workers to combine their personal and professional life by giving them the option to work from home or the office. This flexibility can promote work-life integration, raise morale among employees, and increase job satisfaction. The organizations may cultivate a sense of empowerment and trust among their workforce, leading to increased productivity and engagement, by allowing employees to select where and how they work. This paper explores the constitutional aspects focusing on the right to health in remote working and projecting the work-life balances.

Recognition of Same Sex Marriages in India: Need of Expansion of Personal Liberty in the Light of Constitutional Morality

Vikram Irale, Kiranmayi Pednekar — Tue, 09 Jan 2024 00:00:00 +0000

History repeats itself; therefore we'll wait for the NAZ Foundation case to do so again. In recent years, there has been a notable movement in the global perspective toward the acceptance and acknowledgement of the rights of individuals who identify as LGBTQ+. In India, same-sex marriage legalization is still a contentious issue, which emphasizes the need for a more comprehensive comprehension of human liberty in light of constitutional morality. According to the Constitutional Morality Rule of Law, the governmental apparatus must protect the rights to social justice, equality, due process, individual liberty, and freedom of expression. In addition, legal recognition of SSM is required for social status, the removal of social stigma, legal protections, economic benefits, emotional well-being, inheritance, insurance, and health coverage. The "right to be let alone" is only one aspect of the right to privacy; it goes well beyond that. Included now are the notions of geographical privacy and decisional privacy, often known as privacy of choice. It includes the autonomy to choose for oneself in fundamental decisions. "Law" is a social change instrument. Laws evolve together with society. It should be in keeping with the needs of the society.

A Legal Examination of the International Court of Justice's 1994 Advisory Opinion about the Deployment of Nuclear Weapons

Fateme Ghaeminasab, Sajjad Ranjbar Dafchahi — Thu, 21 Dec 2023 00:00:00 +0000

International law is developed in part by the International Court of Justice, a legal entity. One of the duties of the court that helps to be more effective in international law is to issue advisory opinions. The court stated in its advisory opinion that any use of force that is permissible under Article 51 of the UN Charter may be authorised. This implies that the use of nuclear weapons may also be justified by customary international law, provided that the standards for the need and proportionality of force are satisfied. The United Nations General Assembly asked the International Court to offer an advisory opinion on whether the use or threat of nuclear weapons is permitted under international law in resolution 49/75 K (1994). This request presented the Court with a unique opportunity. If the act in question (which no State has proposed) is completely illegal or always against the law (a stance that has gained some followers but has been rightfully dismissed by the majority of the Court), then a thorough analysis of those circumstances would be necessary to answer the query posed by the General Assembly. In this scientific effort, the legal dimensions of this consultative vote were investigated using analytical and library methods.

Interpreting Ambedkar's concept of "Constitutional Morality" vis a vis the Supreme Court's jurisprudence on the same

Maitreyee Dubey — Fri, 15 Dec 2023 00:00:00 +0000

The Constitution of India provides for division of power. The role of the legislature is to make laws, the role of the executive is to implement those laws and the role of the judiciary is to interpret the framed laws by the legislature. In recent times Constitutional morality has become an important tool used for judicial activism frequently. This article will first analyze the interpretation given by Dr. Bhim Ram Ambedkarand thereafter, [B. R. Ambedkar]. Then consequently the article will reflect on major landmark judgments which acted as constituional moment in the history of the interpretation of constitutional morality. It will parallelly compare the meaning of the term by Dr. Ambedkar and Apex Court. In the very recent case of Suprio vs Union of India, the concept of Constitutional Morality was again discussed by the Honourable Supreme Court, by a Constituional Bench,. but whether it was dicussed in the manner it was concived? In the end, the article will conclude by interpreting the analysis of judgments and some suggestions to solve the problem as portrayed by the hypothesis.

The Political, Economical and Psychological Impact of Electoral Freebies in Indian Politics: A Critical Study

Janees Rafiq — Mon, 04 Dec 2023 00:00:00 +0000

India has a long history of supporting social welfare programmes that attempt to increase the economic security of the country's most vulnerable citizens. However, these social payments are usually labelled as "handouts" or "giveaways," often promised or delivered for political objectives, which is widely seen as manipulative and exclusively aimed to sway voters. In addition to discouraging initiative and entrepreneurship, the extensive distribution of different welfare resources places a financial strain on the public purse, particularly in terms of trade-offs with long-term development efforts. There is a lot of dispute about how significant a role these freebies play in Indian politics. Freebies are the offering of products or services by political parties to the people with the main aim of winning political support and votes, and are also known as populist welfare programmes or electoral incentives. Food, clothes,
and shelter are only a few examples; other options include technological goods, help paying off agricultural loans, and free or low-cost housing. Those in favour of such handouts say they help reduce economic disparities and empower disadvantaged groups. However, detractors claim that they promote a culture of dependency, stunt economic progress, and undermine democratic norms and sound
budgeting. This study examines these giveaways in Indian politics from several angles, looking at their good and bad repercussions. The study's author will also provide a complete methodology for assessing the effect of these giveaways on India's state welfare programmes, while drawing attention to the major concerns in the current discussion over them.

Confrontation of the Judiciary and Legislature: What Led to the Highest Bench which Ever Sat in Any High Court

Maitreyee Dubey — Mon, 04 Dec 2023 00:00:00 +0000

The Indian governance structure has the division of power between the judiciary, executive, and legislature. The legislature plays the role of enacting a law, the executive plays the role of implementing the law, and finally, the judiciary plays the role of interpreting the law. Therefore the judiciary and legislature are two of the most important institutions that India possesses. The clash between these two institutions is not something transformative. India follows a diluted meaning of separation of power but this does not mean to bring the two institutions against each other. This blog is a critical analysis of a case and further, ponders upon the jurisprudential understanding of the case and its consequence. It is an important case to discuss which saw two of the most important pillars of democracy standing in front of each other and clashing.

Women Lawyers' Emancipation in India: Constitutional Provisions

Karna Singh, Sailya Singh — Mon, 04 Dec 2023 00:00:00 +0000

There may be no gender discrimination, according to the Indian Constitution. In spite of the fact that the Indian Constitution has numerous legislative provisions for the safety and empowerment of women, it is ironic that only half of the public is aware of these rights. In this essay, well go over the crucial legal regulations for India legal profession that empower women lawyers. Family and societal empowerment for women also involves individual empowerment. An essential component of empowering women includes including them in decision-making, earning, sharing basic necessities, and commanding respect for them. Women empowerment is a trendy term in India these days, even among vastly disparate national and legal systems. The Indian Constitution states that discrimination on the basis of gender is prohibited. The Indian Constitution has many legislative protections for women empowerment and safety, but the paradox is that only 50% of people are aware of these rights. The key legal provisions for women empowerment in India will be covered in the following article.

Deciphering the Nature of State under Article 12 of the Indian Constitution

Arya A. Kumar, Nihal J.K — Tue, 28 Nov 2023 00:00:00 +0000

The nature of the State under Article 12 of the Indian Constitution is a subject of paramount importance in the realm of constitutional law. Article 12 defines the term “State” as it is used throughout the Constitution, and its interpretation has far-reaching implications for the fundamental rights and duties of Indian citizens. The complexities involved in deciphering the nature of the State within the context of Article 12. Article 12, as a cornerstone provision, serves as a bridge between the legal framework and the protection of individual liberties. The definition of the State, under this article, extends beyond the executive and legislative branches to include government instrumentalities and even entities significantly financed or controlled by the
government. This broad interpretation, while essential for safeguarding the fundamental rights of the citizens, has also raised questions about the extent of government reach and the potential for abuse of power. The historical evolution of Article 12, key judicial pronouncements, and the dynamic interplay between government bodies, public authorities, and private entities that fulfill public functions. It also explores the need for a balanced and nuanced approach to interpret the nature of the State, ensuring the protection of individual rights while preserving the autonomy of non-state entities. Understanding the evolving nature of the State under Article 12 is essential for shaping the course of constitutional jurisprudence and the protection of citizens fundamental rights in India.

Global Constitutionalism and Human Rights: Navigating a Complex Landscape

Bhupinder Singh — Mon, 06 Nov 2023 00:00:00 +0000

The concept of global constitutionalism has gained prominence as a means to uphold and protect fundamental human rights across borders. Global constitutionalism refers to the idea that there exists a set of principles and norms that transcend national boundaries, serving as a framework for governance and the protection of individual rights on a global scale. At the heart of this endeavor lies the recognition that human rights are universal and should be safeguarded by a collective effort transcending national sovereignty. This article explores the intersection of global constitutionalism and human rights, examining its challenges, opportunities, and implications for a more just and equitable world. The origins of global constitutionalism can be traced back to the aftermath of World War II, when the atrocities committed during the war underscored the need for an international legal framework to prevent such horrors from occurring again. The Universal Declaration of Human Rights (UDHR) adopted by the
United Nations in 1948 stands as a testament to the shared commitment of the international community to uphold human dignity and rights. Since then, various international treaties and conventions have been established to address specific aspects of human rights, including civil, political, economic, social, and cultural rights. Despite the progress made, the implementation of global constitutionalism and the protection of human rights on a global scale are not without challenges. One of the foremost challenges is the tension between state sovereignty and the authority of international bodies. Not all countries are equally committed to universal human rights norms, and some may resist efforts to curtail their sovereignty in favor of international standards. Striking a balance between respecting state sovereignty and ensuring the protection of human rights is an ongoing struggle. International criminal tribunals, such as the International Criminal Court (ICC), have been established to address egregious violations, but their effectiveness can be hindered by political considerations and limited jurisdiction. Regional organizations, such as the European Union (EU), African Union (AU), and Organization of American States (OAS), have taken steps to promote human rights within their respective regions. These organizations often adopt treaties, conventions, and mechanisms for monitoring and enforcing human rights standards. Their efforts contribute to a more localized approach to global constitutionalism, recognizing the unique challenges faced by different regions. Ultimately, the pursuit of a world where every individuals rights are respected and upheld requires a collective effort that transcends boundaries and embraces the shared values of humanity.

Factors of the formation of totalitarian governments in Afghanistan

Mohammad Karim Jebran, Abdul Hameed Sahak — Thu, 02 Nov 2023 00:00:00 +0000

Among the issues that have existed in our political thought, there has been the prescription of hereditary government, the theory that leaves the hands of influential rulers free to exercise governance and even allows them to commit authoritarian acts. Many scholars and writers have written in this field and examined the relationship or confrontation between tyranny and religion, culture, and social environment. In this regard, any of them studied and analyzed the relationship between tyranny and elements such as culture, geography, education, family, religion, ethnicity, social environment, poverty, and foreign interventions, according to their literature and way of thinking; for which I will present their findings to the dear readers.

An Analytical Reconsideration of the Separation of Power: A System of Check and Balance in India

Ayushi Aggarwal — Tue, 31 Oct 2023 00:00:00 +0000

The Indian political system envisages the concept of the separation of powers and the system of checks and balances. It is rooted in the Constitution of India, which was adopted in 1950 and draws inspiration from various sources, including the Constitution of the United States and the ideas of political philosophers like Montesquieu. An analytical reconsideration of these concepts is necessary to comprehend how these ideas function in the Indian context. Despite the constitutional framework, there have been instances of concentration of power and a lack of effective checks and balances, especially during periods of political instability or when one political party dominates the political landscape. The role of money in politics and the influence of special interest groups can also undermine the system of checks and balances. While the Indian Constitution provides a robust framework for these principles, their effectiveness in practice depends on the commitment of political actors, the judiciary, and civil society to uphold and protect them. This paper delves into the principle of separation of powers and how it relates to the principle of checks and balances from a jurisprudential lens. The paper briefly discusses the historical background, origin and how this principle has been manifested in India, the nature and degree of checks each branch exercises over the others, and broadly, the Indian legislative schemes on separation of powers. It views the separation of power from an international perspective and the embodiment of the doctrine in the United States of America and the United Kingdom.

Diving into Global Legal Insights for Equity, Diversity and Justice: Turbo Charge SDG 10 (Reduced Inequalities)

Bhupinder Singh — Mon, 30 Oct 2023 00:00:00 +0000

The imperative of achieving Sustainable Development Goal 10 (SDG 10) - Reduced Inequalities underscores the urgency to address the pervasive global challenge of social and economic disparities. This research embarks on a comprehensive exploration of the intricate interplay between legal frameworks and the pursuit of Equity, Diversity, and Justice on a global scale. As the tenth goal of the United Nations' 2030 Agenda for Sustainable Development, SDG 10 articulates a commitment to significantly reduce inequalities within and among countries. In this context, understanding the role of legal systems becomes paramount, as they serve as the bedrock for shaping societal norms, safeguarding individual rights, and instituting mechanisms for redress. This research paper explores the global legal landscape pertaining to Equity, Diversity, and Justice with a specific focus on Sustainable Development Goal 10 (SDG 10) - Reduced Inequalities. The paper delves into the legal frameworks, international conventions, and national legislations that aim to address issues of inequality on a global scale. The analysis also encompasses case studies and best practices to highlight effective strategies for promoting equity, diversity, and justice. By examining the current legal insights, this paper seeks to contribute to the ongoing discourse on achieving SDG 10 and fostering a more inclusive and equal world.

A Study on the Violence of Dalit women Right in Western Odisha

Karna Singh — Mon, 23 Oct 2023 00:00:00 +0000

All persons are born free and with equal rights. As a result of profoundly unbalanced social, economic, and political power dynamics, caste- and gender-based violence against Dalit women is pervasive. Due to their socioeconomic weakness, lack of political representation, and the predominate risk factors of being Dalit and female, they are more likely to encounter potentially violent circumstances while having less time to flee as a result. Violence against Dalit women is blatant proof of pervasive exploitation and discrimination against these women, who are subjected to men in a patriarchal society in terms of power relationships, as well as against their caste-based communities. If left with residuary function and subsidiary position in work participation, no country can advance its half of the population. Low levels of literacy, skills, and income-earning capacity for women are anchored in society and substantially impede economic growth and human advancement as a whole. In an effort to change the situation, independent India has declared that gender equality is a fundamental right guaranteed by the Constitution and has directed state policy on removing the many obstacles that stand in the way of women achieving their full potential.

A Comprehensive Analysis of India as the Potential Arbitration Hub of the World

Gnanavel L. — Mon, 23 Oct 2023 00:00:00 +0000

Even developed countries around the world are having problems attaining the status of hubs for international arbitration. India has frequently been regarded as a country that, in terms of investments, sends conflicting signals to the international investor community. It might be difficult for investors to decide whether or not to invest in India. Every country aspires to be the home of an arbitration centre because to the many benefits it offers. This article also discusses about the evolution of arbitration in
India and also the other historical developments. Every nation wants to attract increasing amounts of investment, but before doing so, investors consider a number of factors, such as the strength of the arbitration process, the friendliness of the government and courts toward arbitration, the ease of doing business, the stability of the environment, etc. In this article we will be discussing about how India can be serve as a seat for international arbitration and also what are the major difficulties in attaining the position. In terms of skill set, legislative and legal frameworks and other attributes India has a high potential to serve as a hub for arbitration all over the world. Thus it’s still a place for India to reach the status of global hub for arbitration. Thus to conclude this article thoroughly deals and discusses about the India’s seat and need for International arbitration.

Beyond the Grave: "An Analysis of Necrophilia Laws Worldwide and Need for Explicit Legislation in India"

Kinjal Asmi, Aditya Murthy — Mon, 23 Oct 2023 00:00:00 +0000

The recent ruling by the Karnataka High Court, asserting that sexual intercourse with a deceased person cannot be classified as rape, highlights the necessity for a specific legal framework addressing necrophilia in India. This article analyzes the limitations of Section 297 of the Indian Penal Code (IPC) in addressing necrophilia and examines the implications of the court's decision in Rangaraju v. State of Karnataka. The discussion emphasizes the importance of respecting the dignity of the deceased and proposes amendments to existing legislation. Comparisons are drawn with laws in other jurisdictions, such as the United Kingdom, the United States, and France, to provide a global perspective on the issue. The article concludes that there is a need for comprehensive legislation explicitly addressing necrophilia, reflecting a commitment to upholding human rights and dignity even after death. Establishing a global committee to define and establish punishments for necrophilia could facilitate a unified international approach, considering the complex interplay between legal, cultural, and ethical aspects surrounding the treatment of the deceased.

The Limitation on Amendments to Constitution of India

A.M. Henriques — Wed, 04 Oct 2023 00:00:00 +0000

Purpose: The Paper aims to put into focus that the basic structure doctrine of the ideology of constitutionalism is not only a binding precedent in law but an expression of the basic features of the constitution of India which have stood the test of time to keep the nation together in peace and harmony. Methodology: Critical Analysis and discussion on principles put into interpretation. Findings: The country cannot afford the dilute the basic structure doctrine as set out by the Supreme Court as the same represents the very foundation of the Indian polity

AUSTIN’S THEORY OF LAW: AN ANALYSIS

Rashmi Sinha — Tue, 26 Sep 2023 00:00:00 +0000

People come and go in this mortal world but some leave their immortal marks on the path to enlightenment such that whenever any new-comer wishes to get enlightened in the area, he cannot do so without passing through those marks. Such is the immortal theory of law propounded by Austin which cannot be avoided if we wish to study Jurisprudence. He proposed the theory of law way back in the 19 th Century but its still relevant, most popular one and a guiding light for all jurists till date. Austin had an empirical approach which made him founder of Analytical School. He separated notions of ethics from the study of positive law which was praised by Sir Henry Maine. According to him, only positive law was law or what he termed as law properly so called as it was made by sovereign who is illimitable, indivisible and continuous and not in a habit of receiving commands from a like superior. He was the one who introduced the term positive morality and clarified that laws made by God were not subject matter of Jurisprudence thereby removing the ambiguities created by Natural Law School. He said that law is the command of sovereign backed by sanction, which still fits in. His theories are clear, consistent and simple. He systemized the English Law with his theoretical structure and precise analysis. That’s why he is also known as the Father of English Jurisprudence. However, Austin’s theories faced a lot of criticisms yet no theory could eliminate the necessity of studying his theories in order to understand Jurisprudence and Law. It was in this context that Hart said that even the shortcomings of the theories of Austin are a source of
enlightenment. In fact, a Neo-Austinian School evolved as a reaction to criticisms of his theories.

The Judicial Intervention Over the State of Sikkim’s Unique Constitutional Status

Dilip Pandey — Sat, 02 Sep 2023 00:00:00 +0000

This research article aims to determine the effects of judicial interference, specifically the judgments of the Supreme Court, and to shed light on the causes and compulsions behind Article 371F, which provides special status to the State of Sikkim under the Constitution. As an ardent believer in the importance of accurate information and the significance of verifiable facts, I have endeavored to endow the readers with an impartial comprehension of whether the aforesaid Article constitutes the bedrock for shielding the integrity of the State and its archaic Statutes. To collate this information, I have made recourse to a plethora of resources, comprising treatises, adjudications, periodicals, legal digests, newspapers, digital data, and the worldwide web. It is imperative to note that this composition is an entirely factual representation and is not impregnated by any presumptions, suppositions, sentiments, or affectations.

Judicial Organization and Institutions in Cameroon: A Tripartite Classification

PEFELA Gildas NYUGHA — Mon, 21 Aug 2023 00:00:00 +0000

Justice is a service open to the public. It is thus arranged, like any structure that renders public service, in such a manner that whoever seeks it receives appropriate attention. The establishment and organization of judicial institutions are premised on the foregoing. The classification of the judicial system in Cameroon is shrouded in such a bleak and opaque view that one tends to ponder the clear-cut strata for the administration of justice in Cameroon. Litigants sometimes find difficulties identifying which court is competent to handle their matters in the face of complaints. More so, the fact that certain courts preclude the ordinary man from bringing an action makes the whole scenario more cumbersome for a common man to comprehend. Judicial and administrative authorities need to be guided on the nature of cases entertained as well as be acquainted with the competent courts to seize for such matters. The study therefore has as objectives to dissect the justice system of Cameroon so as to give a clearer
view for litigants who desire to have their issues addressed by these judicial organs. To achieve this objective, the article adopts a doctrinal methodology, which is doctrinal consisting of primary and secondary data. The findings reveal that though attempts have been made to classify courts in Cameroon, there is still need to adopt a more compressive and facilitative classification so as to give a clearer picture with regards to competence and jurisdiction.

Legal Recognition: The First Step to Acceptance

Simran Sanjay Rane — Mon, 21 Aug 2023 00:00:00 +0000

The proper functioning of any society is based on the rules and regulations that govern its member and the activities that are being carried out in it. Thus law can be said to be the strong base on which a society is built. Law that is being followed today has undergone numerous changes owing to the changes in the society. Today we have many laws, but all on them will continue to have enforceability so far it is in consonance with the supreme law of the country, i.e. The Constitution of India. The Constitution of India provides some basic right to every human being. There is no discrimination as to who can avail these rights; it is available to each and every human being. Thus the members of the LGBTQ community even though form only a miniscule fraction of the entire population is entitled to the fundamental rights as they are available to other individuals. These fundamental rights also include the right to marry, divorce, maintenance etc.... Thus this research paper focuses on understanding homosexuals and homosexuality and also understanding how current laws fail to provide for rights of the LGBTQ+community. Where there is a problem there ought to be a solution, the papers also aims to provide probable solution to the lacunaes in existing laws.

Budhadev Karmaskar v. State of West Bengal: Recognizing Sex Work as a Profession

Monika Jain — Mon, 21 Aug 2023 00:00:00 +0000

Workplaces and working conditions for sex workers vary widely. Sex workers might work in the sex industry full-time or part-time, and they can be employed or self-employed. Sex work can be formal since some sex workers are associated with a business in an employer-employee capacity. However, in countries where criminalizing sex work results in its exclusion from national employment laws, sex workers are left with no choice but to put up with frequently abusive working circumstances. However, a large portion of the sex industry operates informally, with sex workers working alone, in groups, or together with other sex workers. There are numerous working arrangements and business models in the unorganized sector as well. These sex workers, like many others employed in the informal sector, sometimes lack access to social safeguards and endure more unstable working conditions. The fight for decriminalization is strongly related to the fight for the recognition of sex work as a job. The notion that sex workers should be granted the civil, labor, and social protections that are a right for all workers, regardless of vocation, is at the heart of the call for decriminalization. Research on the real circumstances and conditions present in these markets, however, is still scarce. The significance of creating accurate comparisons between various sorts of sex work, participating in qualitative and quantitative methods to assess work quality, and ultimately going outside the sector.

The Role of Social Media in Creating Societal Unrest and Breaking Laws in Delhi NCR

Deepak Chhabra, Parul Sharma — Sat, 12 Aug 2023 00:00:00 +0000

Social media is becoming a necessary part of everyone's everyday existence, so the idea of the consequences when it is misused is unsettling. On social media, it is easy to see people being a bit transparent about their political opinions and interests, whether they are from affluent nations like the United States or developing nations like India. These platforms may be associated with everyone having a voice and sharing their opinions, but they also have the power to transform a calm environment into one that is chaotic and frightening. Social media can spread rumours and false information, which can in turn produce fear and disorder among common people. The government has set up several organisations to monitor the patterns of information flow on social media and the impact of social media messages that are causing ethnic disputes in the face of potential civil unrest fuelled by social media. The core objectives of my project are to analyse the factors contributing to societal unrest and to understand the relative impact of social media on societal unrest. Primary data is used to collect the information. The tool used for analysing the data is the chi-square test. The study concludes that social media has played an influential role in creating societal unrest in Delhi NCR, as the region’s high Internet penetration and the widespread use of social media platforms have facilitated the rapid dissemination of information and the mobilization of individuals for protests and social movements. To address these issues, it is essential to promote responsible use of social media, encourage fact-checking, foster constructive dialogue, and implement appropriate regulations to ensure a more inclusive and peaceful online environment in Delhi NCR.

Pertinence of Preventive Detention with Changing Dynamics

Shailja Yadav, Khushboo Parmar — Sun, 13 Aug 2023 00:00:00 +0000

Preventive Detention is a tool, although a rare one, that was formed to benefit society by removing people who seemed to be a danger to society and is kind of based on the saying, “Prevention is better than cure.” With our research paper, we have tried to analyze if the law is trying to protect or cause more violations of the rights of people and the protection provided in Article 22. The Constitution framers, while drafting the Constitution, had in mind national safety, but it has resulted in the debate over whether it is necessary to create national security laws in India and how seriously those laws may affect human rights and civil liberties, which has heated up in the wake of the September 11, 2001 attacks in New York and Washington, D.C., as well as the attack on the Indian Parliament on December 13, 2001.

Introducing a Uniform Civil Code in Order to Promote Equality and Harmony

Samriddha Krishna Behera — Sun, 30 Jul 2023 00:00:00 +0000

The adoption of a Uniform Civil Code (UCC) has sparked heated debate, particularly in nations with various religious and cultural heritages. This article investigates the notion of a UCC and its potential to promote equality and peace in society. To promote equal justice and access to opportunity, the UCC aspires to formulate a common set of civil standards that apply to all people in general, regardless of religious affiliation. The UCC attempts to remove discriminatory practices and build social harmony by removing personal rules based on religious conventions. For underlines how crucial it is to simplify and render the system of justice simpler. The UCC has the ability to promote equality for women by resolving gender disparities in personal law. While cultural sensitivities and political resistance pose problems, productive discourse and respect for minority rights can help promote the implementation of a UCC that respects various cultural practices while preserving the values of justice, equality, and inclusion. The abstract closes by emphasizing the need to adopt a UCC in order to create a peaceful society that recognizes the liberties and desires of all people, regardless of their religion or cultural heritage.

Judicial Journey of Euthanasia in India

Pooja Agarwal — Tue, 30 May 2023 00:00:00 +0000

Euthanasia has been a concern across the globe for several years, and many countries have legalized it either by way of legislation or by way of judicial pronouncements decades ago. Across the globe, i.e., in several countries, euthanasia was legalized on the grounds that forceful treatment violates the patient’s right to autonomy. However, the concept of euthanasia, though highlighted by the Hon’ble Supreme Court of India in 1996, became legally permissible in a passive manner in the case of Aruna Ramchandra Shanbaug (2011), wherein the court held that the right to live with dignity also includes the ‘right to die with dignity’. Subsequently, the matter relating to euthanasia was referred to a Constitution Bench of the Supreme Court, and in that case, i.e., Common Cause (2018), the court laid down the entire procedure, which has again been modified in 2023. Hence, the objective of this paper is to discuss the journey of euthanasia in India while including within its ambit the types of euthanasia, the difference between active and passive euthanasia, the procedure for administration of euthanasia, and to what extent the court has allowed the same. Further, in this paper, the law relating to euthanasia in India since 1996 until the latest decision rendered in 2023, whereby the guidelines laid down in the Common Cause case (2018) have been modified, will be discussed.

Plenary Power of Amendment Under Constitution

Fateh Khan, Jaffar Khan, Aftab Khan — Fri, 05 May 2023 00:00:00 +0000

The Indian Constitution, drafted by Dr. BR Ambedkar, is the supreme law of the country and is known for its vastness and incorporation of India’s traditions, history, geography, and cultural diversity. The Constitution is the largest-written Constitution in the world and was created over the course of about 2 years, 11 months, and 18 days. The Constitution is based on the principle of “rule of law, which is well-embedded in Article 13 of the Indian Constitution. The Constitution gives power to the legislative, executive, and judiciary branches and provides citizens with certain rights to live with equality, freedom, dignity, and protection from exploitation, as well as the right to constitutional remedy for enforcement of fundamental rights. Part 3 of the Constitution deals with the fundamental rights of citizens, which are guaranteed by six broad categories of fundamental rights: the right to equality, the right to freedom, the right against exploitation, the right to freedom of religion, cultural and educational rights, and the right to constitutional remedies. The Constitution also includes Part 4, which deals with directive principles of state policy, and Part 20, which deals with the amendment of the Constitution. Any changes made in the Constitution affect the power of any branch and its citizens. Therefore, to understand the contradictions, one must understand Article 13, Part 3, Part 4, and Part 20 of the Constitution. The Constitution is the world’s largest written constitution and took approximately 2 years, 11 months, and 18 days to complete. These features form the basic structure of the Constitution and include principles such as democracy, rule of law, secularism, and judicial independence. Reexamining the fundamental structure doctrine has been a topic of debate and discussion, with some contending that doing so would interfere with democracy by restricting the parliament’s ability to amend the Constitution. According to some, the doctrine of fundamental structure is essential for protecting the foundational principles of the Constitution from being altered in a way that undermines their integrity and core values.

Judicial Precedent in Jurisprudence

Sanya Kapoor — Thu, 06 Apr 2023 00:00:00 +0000

There are various sources of law but the judicial precedent is considered to be the primary source of
law. In the jurisprudence, the precedent has been defined by 3 major philosophers:
1. Salmond: He stated that precedent are the reported case laws which may be cited or followed by
the courts or a type of the case law which has a great binding authority and has to be followed.
2. Austin: According to him, it is a law of judiciary.
3. Bentham: He stated that precedents are the laws made by the judge.

The Concept of Socialism in Indian Constitution Analytical Study

Shriram Patel — Sat, 22 Apr 2023 00:00:00 +0000

Socialism is the form of economy which aimed to establish economic equality, it is motivated with the concept of social justice, Socialism is embodied in the preamble and objectives of the Indian constitution. Socialism basically makes enable to state for establishing its ownership on the Industries, the main object of socialism to prevent exploitation of the people and promote the pious object of welfare state. The socialism is the only way to eradicate and abolish the line of division between poorer and richer. The socialism promote to concept of Nationalization. Indian Socialism is a political agitation founded early in the 20th century as a part of broader delegation to achieve Indian freedom from British rule. The movement developed soon popularly as it espoused the reasons of Indian farmers and labourers against the so called Zamidars, Princeley class and landed gently . Socialism shaped the principal economic and social policies of the Indian Government but mostly followed Dirigisme.1 After independence until the early 1990, when India moved towards a more market based economy. However it remains a potent influence on Indian politics, with many national and regional political parties espousing democratic socialism.

Judicial Review of Legislative Actions

Akash Singh Raj, Akanksha Singh — Sat, 29 Apr 2023 00:00:00 +0000

The article primarily analyzes the most controversial topic of judicial review under Indian Constitution i.e. Judicial review of legislative actions. In democratic states, the Constitution of that state is called as the supreme and superior law rights of the people have been mentioned in the Constitution to protect it. The law of judicial review derives their authority from the law of land. Law plays an important role in society. Therefore, the concept of Law keeps on changing from time to time. Laws are enacted and implemented by the legislature and executive respectively and it is being checked by the judiciary using its power of judicial review. The validity of law must be checked according to the Constitution. That is why today various countries have proudly accepted judicial review in the constitution of their state.

Application of the Bona Fide Principle to State Party Compliance with Court Judgments

Asanji Roland Ndikum — Fri, 03 Feb 2023 00:00:00 +0000

A decision made by the international court of justice is final, irrevocable, and enforceable against the parties. Such decisions of the Court have binding effect between the parties and with regard to a specific matter, according to Article 59 of the Statute. A judgment's ability to be executed by the parties is justified by the fact that it has binding force. As one can see, many States continue to disregard and refuse to implement court judgements, despite the fact that these judgments have a binding legal force. The act of non-compliance reduces the effectiveness of the courts as "solution factories." This document stands to illustrate on state party comportment in the recognition and execution of the judgements of the world court, calling on the said states to execute the judgment of the court in a good faith spirit. The analyses in the document were illustrated using case law, specialized books and articles as sources of inspiration. Hence we thus arrived at the understanding that, the execution of court judgments is
highly unrealistic in the absence of a good faith spirit. However, once the call for compliance appears to be complicated, besides making use of the enforcement measure set forth by the Charter of the UNs, external political pressure might be given preference as a remedy to non-compliance.

The Impasse Over Higher Judicial Appointments in India

Divya G., Chandrakanthi L. — Sun, 26 Feb 2023 00:00:00 +0000

Judiciary is the third and an essential pillar of the democratic set up governed by Rule of Law in India. Judiciary must be impartial, fair and a competent body to ensure justice and strengthen public confidence. Originally, the Indian Constitution provided a memorandum of procedure to be followed to appoint the Judges of Supreme Court of India and High Court. The said procedure comprised of a ‘participatory consultative appointment’ by both the Executive and Judiciary. After the drafting of the Constitution, for the first forty years, the said procedure was carried out satisfactorily with only a few contentious incidents. But after the ‘Second Judges’ case in the year 1993, the Supreme Court put an end to the existing participatory consultative procedure and designed a new arrangement, called the “Collegium” for the selection of judges to both the Supreme Court and the High Court. However, the flaws and inefficiency of the collegium are being exposed by recent incidents. The issue that has emerged recently is, whether or not the Collegium of the Supreme Court is the only source authority to appoint Judges who will not only be independent and impartial but also free from the participation of the executive wing which impairs its independence. The Paper elucidates the framework for Higher Judicial appointments, the landmark Judges cases, the Collegium system and the critique, the NJAC Act, the judgement of the NJAC, the inadequacy and the transfer of Judges of High Court, some suggestions for a transparent and independent Judiciary.

Cooperative And Competitive Federalism: The Two Towers of National Development

Ankit Singh — Fri, 03 Feb 2023 00:00:00 +0000

In the past decades, India’s economy has taken giant strides. India is standing on the cusp of becoming the world’s largest economy. In this backdrop, and in the light of contemporary development, it is important to look at the functioning of our federalism because, we are, in character, a federal nation with a strong centre. Formulation of economic policies, allocation of funds and resources and other allied matters are matters to be discussed between the Centre and the States. Any federal nation cannot grow if there is no understanding and cooperation between the Union and federating units. India’s Constitution firmly establishes a cooperative regime between the Centre and the States. But, as times have been changing, the government has also accepted and started to promote competitive federalism as a tool of national development. Besides a scheme where Centre shares a vertical relationship with the States, a scenario where States, in a horizontal relationship, compete with each other in order to attract investment and favourable policies could ultimately lead to the development of the nation as a whole. However, both cooperative and competitive federalism are susceptible to some challenges and hurdles. Since, both cooperative and competitive federalism are efficient mechanisms for India’s development, the author, through this article, has attempted to analyse the contemporary trend relating to the same and the government’s response to the challenges posed.

Uniform Civil Code: A Constitutional and Social Insight

Shruti Kasera, Shreyasi Godse — Thu, 06 Apr 2023 00:00:00 +0000

The article talks about the theme of constitutional morality v social morality and its relevance and impact on Indian Democracy through a specific analysis of the Universal Civil Code. This paper explains the said concept and the related legal provisions incorporated in the Constitution of India. An examination of the Uniform Civil Code's origins and its pros and cons is presented in this paper. The article analyzes the extremely debated proposition, prevailing in society i.e. the relationship of the Uniform Civil Code with Secularism, and the way it has been and is being interpreted by society. The article has focused majorly on the constitutional, social, and judicial perspectives in this regard. It also contains instances where the concept has been accepted and implemented. It critically analyzes the current situation prevailing in our country with respect to the constitutional perspective of the Uniform Civil Code. Furthermore, this paper discusses whether or not the Uniform Civil Code can be enforced. The objective of this article is to highlight the importance of this concept and how the implementation of uniform civil law in society will bring peace, harmony, and brotherhood among the people of the nation. Doctrinal Research Method has been applied to this research paper. The researchers have followed the secondary data collection and referred to various books, articles, notes, research papers, comments, and other writings to incorporate the distinct views prevailing in society. Several Case Laws have been taken into account and have been used in this paper, to demarcate the current trend. This article further emphasizes the lesser-explored perspective as to how the essence of various aspects of the Uniform Civil Code and the morals of our nation are integrated. The article ends with a certain set of recommendations and conclusions to set a framework that is required to safeguard and create a balance between our constitutional and social values.

Local Public Adminstration and the Challenges of Socio-Economic Development of Local Communities in Cameroon: the Case of Buea and Douala Municipalities

Ekundime Fergus Ekundime — Thu, 06 Apr 2023 00:00:00 +0000

The 18th of January 1996 is the turning point in the history of Cameroon as it marks the establishment of a new constitution and the constitutionalisation of decentralisation stated under section 55(1) of the constitution. These collectivities constitute the nature of local public administration in Cameroon which have been granted administrative and financial autonomy and competences via independent elected counsellors who manage them on behalf of the local people under the protection of the senate who represents the local communities at the level of the State. The piece of work title local public administration and the challenges of socio-economic development of local government areas in Cameroon: the case of Buea and Douala municipalities. The research is out to give a clear understanding of the evolution of Local public administration in Cameroon and what are reasons for ineffective socio-economic development by local public administration in local communities in Buea and Douala? This project will thus include gathering and analysing data. Results revealed that Local Public Administration is still mired in a state of complication when it comes to the delivery of essential services, notwithstanding the decentralisation policy's materialisation. Consequently, the impact of decentralisation on local development was investigated through an evaluation of local government performance in the municipalities of Buea and Douala. The researcher proposed that, in order to ensure the efficiency of local public administration in Cameroon in the area of local community socioeconomic development, the central government make a functional and sincere political commitment to execute all stages of the decentralisation plans.

Constitutional Rights and Liberties of the Media in India: A comparative Analysis

Aateka Bano — Mon, 27 Mar 2023 00:00:00 +0000

One of the key tenets of a democratic system is journalism. Journalism brings awareness about democratic and social responsibility in the society. Journalist are the watchdogs of the country. That’s why the freedom of media of the country plays a special role in the progress of the country. The media is not entirely free to do what they believe to be correct, though. There is some restriction on this also. Journalism, like any other profession is also subject to legal restrictions. Subject to these restrictions
the media has to achieve its goal. The paper discusses the freedom of media in India in comparisons to other country. It is based on the study and analysis of world press freedom index 2022.

Aspects of Truth in the Practice of Logic, Law, and Spirituality

Raman Mittal, Mritunjay Kumar — Wed, 01 Feb 2023 00:00:00 +0000

The main source of origin of morality and law is theology. While the language of morality appears to be different from law, but it is very difficult to separate both the disciplines with precision. Likewise, ethics without spirituality appears to be ritualistic. No law or legal system can be conceived like a mechanical system devoid of ethics and spirituality. After all law is a means to achieve peace and happiness for the human’s species. And human beings are not the end product of matter only. Spiritual sensitivity is required to experience the life and its phenomenon without reducing it like a mechanical stuff.

THE CONCEPT OF RESERVATION WAS NOT ENVISIONED TO PERPETUATE INDEFINITELY

Jeet Sinha — Tue, 03 Jan 2023 00:00:00 +0000

The concept of Reservation was only envisioned in the constitution for 10 years. The constituent assembly debates reflect the intention of drafters that the reservation was only to be for 10 years. Their views from the debate reflect that we will be able to make a drastic change in the upcoming 10 years after giving the reservation society’s perception will be changed towards the backward class which has been oppressed for many years, their optimistic thoughts related to the constitution was such that “we will not need any reservation after 10 years”. However, currently we have not emerged from the provision of reservation. The development policy which reservation aims to provide during the inception of Constitution has completely failed or there was mistake in speculation. This paper has examined the reason of perpetuity of reservation through the Constituent Assembly debates.

Critical analysis of the Sedition law in India: in contradiction with Freedom of Speech: Case Study

VANSH SHRIVASTAV — Tue, 03 Jan 2023 00:00:00 +0000

Freedom of speech and expression cannot ever be taken away from anybody under any circumstance, because it is a fundamental right and can only be subject to justifiable limitations. This right is an indispensible right provided to an individual and hence is important for the growth of the person. This right is the first and the foremost human right of an individual. Although these rights are subject to reasonable restrictions, the question is that up to what extent the restrictions are considered as reasonable. Section 124A of the Indian Penal Code, 1860, defines sedition as an offence. This section has been debated over for centauries as it had some kind of grey area which had to be looked into. This paper discuss the history of law of sedition and freedom of speech and their relations and also deals with comparative studies of different countries with respect to India.

Doctrine of Post Decisional Hearing

Preksha Preya — Sun, 18 Dec 2022 00:00:00 +0000

In an effort to find the correct balance between administrative effectiveness and individual fairness, the concept of a post-decisional hearing has developed over time. Pre-decisional hearings are those held by the authorities prior to the making of a decision or judgement, and post-decisional hearings are those held by the authorities following the making of the decision (Provisional). The idea of a postdecisional hearing provides individuals. The authorities can only make a preliminary decision not a
final one without consulting the party in issue, which is one of the most crucial things to keep in mind at a post-decisional hearing. In order to undermine the goal of delivering a fair hearing and make it less effective than a Pre-Decision Hearing, the objective is to make it harder for the authorities to change their minds after the Final Decision (similar proposition was held by the Apex Court).

Principle of Harmonious Interpretation : The Approach of Indian Courts

Shivansh Dwivedi — Thu, 15 Dec 2022 00:00:00 +0000

In India, the Constitution is regarded as the supreme law, and everything that is not in accordance with its provisions is regarded as ultravires. Certain norms of interpretation are applied to resolve discrepancies between Constitutional provisions when they occur. One such guideline, the "Principle of Harmonious Interpretation," is the subject of this essay. The rule is extremely important since it attempts to reconcile contradictory laws in order to find a workable solution. It also aims to defend the very intention of the constitution's writers while establishing the provisions. With the aid of several case laws, the paper's primary goal is to comprehend how Indian courts approached the harmonious rule before and after independence as well as the difficulties associated with it. The main objective of this project is understanding the legal principles and approach applied by Indian Courts on the application of the doctrine of harmonious construction mainly focusing on pre and post-independence by means of several case laws to maintain the existence of contradicting laws in order to find a middle ground through proper interpretation of the same. The paper also focuses on the important aspects kept in mind by the courts while applying the principle of harmonious construction and trying to interpret the contradicting laws with an aim of co-existence of laws. The paper also takes a look over the aspect of separation of power and how the judiciary refrains itself from stating any law as null and void as the power of judiciary is to only interpret the intend of legislature and not make of nullify laws.

ANALYSIS OF CONSTITUTIONAL RIGHTS OF INDIGENOUS PEOPLE IN INDIA

Umang Singhal — Thu, 15 Dec 2022 00:00:00 +0000

Entitlement, privilege, birth right, liberty, permission are just some synonym for the word Right. Rights are just the liberty or entitlement given to people by authority of law. But many times some peril section of society needs some more rights than reasonable person are entitled to. Indigenous people are those peril section of the society which needs rights in order to protect them from the long undertaken discrimination done to them from colonial period. Indigenous people are provided various rights under constitution of India and also special provision are formed in order to uplift them from their current situation. What are
those rights entitled to them? Are they implemented to their best extent? The author has tried to analyse these question taking in consideration rights granted to Indigenous people and what is the ground reality. The author has gone through various statutory enactment, reviews, report and surveys of various ministries having numerous factors in order to draw an analysis regarding rights of indigenous people.

HISTORICAL DISCOURSE ON NIGERIAN INDEPENDENCECONSTITUTION OF 1960

Iyanda Kamoru Ahmed , Aisha Ibrahim Ningin — Fri, 29 Jul 2022 00:00:00 +0000

This paper discusses Nigerian independence constitution of 1960. In 1912, Sir Fredrick Luggard who had left Northern Nigeria in 1907 to take up the governorship of Hong Kong returned to Nigeria. He was set the task of joining together the southern and northern parts of Nigeria. The year 1914 marked a watershed in the Constitutional history of Nigeria. That was the year of colony and protectorate of solution Nigeria and the protectorate of Northern Nigeria were amalgamated into one country effective January 1st 1914. Following the amalgamation, the Sir Frederick Lugard Constitutional 1914 established the Nigeria Council. This was to ensure a proper co-ordination of administration between Northern and Southern Nigeria in the true spirit of malgamation.

Constitutional and Statutory Safeguards for Fair Trial and Justice under Cameroonian Legal System: A Legal Appraisal

Dr. PEFELA Gildas NYUGHA — Fri, 29 Jul 2022 00:00:00 +0000

The safeguard for fair trail and justice is the bedrock for preventing the abuse of the rights of litigants in criminal adjudication. The Right to Fair Trial and Justice is a Fundamental Human Right embedded in a plethora of international instruments and national legislations. Without safeguard for fair trial and justice, trust in the judiciary and the rule of law collapses. This paper aims principally at analyzing the law rather than criticizing it. That notwithstanding, shortcomings and ambiguities in the laws are fairly raised. The paper is, therefore, not restricted to the exposition of the law–whereas necessary, has equally highlighted modern values, principles, and procedural rules to permit the understanding of the lacunae and ambiguities in Cameroon’s procedural laws, and for the law marker to find solutions to these shortcomings and incongruities. This is purposefully done so as to grasp a holistic picture of the subject matter, view the Cameroonian constitutional and procedural laws from a wider perspective and make a theoretical and practical analysis of criminal issues. The paper reveals that, though the Cameroonian legal system recognizes the various safeguard measures for fair trail and justice, there is ineffective implementation, high rate of bribery and corruption and non-respect of the principle of Separation of Powers with constant interference of the executive arm of Government in the Judiciary. As a mithridate against this seemingly deplorable situation, it is recommended that an effective follow-up and better living standard be encouraged by the Cameroon government.

The After Effects on the Abolition of Triple Talaq-status of Muslims Women

Simran Gupta — Fri, 29 Jul 2022 00:00:00 +0000

Woman and their right in the same sentence might not digest. The quest for equality has recently been buffeted by a storm, that of being divorced without being told why, that is the matter of subject of saying frequently talaq. In the official sense of the term, talaq refers to a divorce under Islamic law. Under Triple Talaq, a Muslim man can end his marriage to his wife by simply saying "Talaq Talaq Talaq" three times. But after the abolition of triple talaq the current position of Muslim women has scarcely improved and has barely surpassed the previous level. It has, however, made it possible for women to seek divorce on grounds of cruelty without fear of losing a significant portion of her husband's property in the event of his death. When customary rules were in force, women did not have the legal right to divorce their husbands because of their cruelty, but now she does. The law has been heralded as a significant win for Muslim women. However, it is sometimes overlooked that polygamy is still lawful for Muslim men

Sabrimala Temple Case: A Rift between Religion and Equality

Sanskriti Sinha — Fri, 08 Jul 2022 00:00:00 +0000

The Sabarimala Sree Dharma Sastha Temple, dedicated to Lord Ayyappa, is a well-known temple in Kerala. In the year 1990, a ban was proposed on women of menstrual age that was between 10 and 50 years, who wanted to enter the Temple. In the ruling of S. Mahendran vs. The Secretary Travancore, the High Court of Kerala came to a conclusion of prohibiting their entry in the Temple on the grounds that the said exclusion was very much constitutional and reasonable in nature as it was a custom prevailing amongst the people of Kerela from time immemorial. In retaliation of the past judgment, a public interest petition was filed in 2006 which challenged the constitutional validity of Rule 3(b) of the Kerala Hindu Places of Public Worship Rules, 1965 which restricted the entry of womenfolk into the Temple. The case was known as Indian Young Lawyers Association vs The State of Kerala on 28 September, 2018. The Association said in its arguments, that the custom led to a gross violation of the right to quality under Article 14 to women and freedom of religion under Article 25. Sabarimala Temple case is one the atalyst that led to conflict between tradition, custom and equality of women.

WESTMINSTER MODEL SHADOW CABINET IN INDIA

Sanya Tayal — Fri, 29 Jul 2022 00:00:00 +0000

Due to a single-party government with an overwhelming majority in the Indian parliament, several bills have been passed without much debate in the previous decade. Ministerial research quality has deteriorated, and there is no opposition party to discuss this as no party has the required number of seats. Recent bills, including the surrogacy bill, the RTI amendment, etc., were approved without
much debate. Private members of parliament are rarely informed about the government's plans, resulting in absenteeism and frequent walkouts. The Prime Minister and his cabinet have undisputed authority over the legislature, whilst accusations of bias against the President and the apex court complicate the issue. This weakening of checks and balances has a negative impact on India's public governance system and Rule of Law and contradicts Dicey's idea of "predominance of legal spirit." Thus, there is a need to establish novel kinds of counterbalances, and several parliaments across the globe have proposed a solution: shadow cabinets. The current study analyses the socio-political development and constitutional efficiency of shadow cabinets in nations such as the United Kingdom. It also focuses on the procedural modifications required to execute these rules in India, and the reasons for its failure in Indian state governments. It suggests that shadow cabinets enhance performance efficiency, research quality, bill presentation frameworks, and agendas debated by cabinet ministers. Furthermore, it concludes that the system of checks and balances shall be revived, the Rule of Law be strengthened, and institutional morality internalized in the Indian parliament.

CONUDRUM OF UNUSED PROVISON OF THE CONSTITUTION- DISTINGUISHED JURIST”

Virendra Bapat — Fri, 29 Jul 2022 00:00:00 +0000

Despite the fact that it has almost been 72 years since the Constitution of India has been adopted and the Supreme Court of India was established. No Jurist has been assigned as a judge of a supreme Court or High Court. Article 124 (3) (c) of the Indian Constitution says that “An individual who is in the interpretation of the President a distinguished jurist be assigned as a Judge of a Supreme Court”. The practicality of appointing eminent jurists and intellectuals to the Supreme Court of India is examined in this article. The framers of the constitution of the country projected eminent jurists as adjudicators on the bench of the highest court, taking inspiration from foreign states such as the USA, UK and Canada. In spite of possessing such a mission, legal lecturers, the backbone of the legal industry, have no role in the Indian court system. The research from which this article was generated goes into greater detail on countries such as the United Kingdom and the United States of America. This article investigates the same notion, first in its theoretical structure, and then in view of various legal and intellectual events in the country, a study of its acceptability and viability.

‘44 th Constitutional Amendment, Right to Property and Right to Compensation’

Irale Vikram Vitthal — Tue, 18 Jan 2022 00:00:00 +0000

In India no fundamental Right has caused so much debate, and has given rise to so
much litigation between the government and the citizen, as the right to property. In 1978 the 44 th
constitutional Amendment removed the fundamental Right to property. The amendment takes
away the right to property as a fundamental right and makes it only a constitutional right.
Howsoever laudable object the state may intend to achieve it can neither deprive a person of his
property nor can it interfere with this right save by authority of law. The acquisition may be
against the will of the owners but compensation is paid to the owners or persons interested in the
land. Due care must be taken while granting the compensation to the affected person that his right
should not get hampered while serving public purpose. State can acquire a property for a public
purpose or private company. The concept of 'public purpose' connotes public welfare.

“JUDICIAL OVERREACH IN INDIA”

Sarthak Kapoor — Wed, 12 Jan 2022 00:00:00 +0000

For our democracy, the judiciary serves as a watchdog. It is the protector of human rights. It is
critical for such a body to be involved in safeguarding citizens' rights. As society evolves it becomes
more active by taking on situations involving children. In a suo moto action, a basic right has been
violated. The primary goal of judicial activism is to protect the rights of people who are victims of
injustice. Ensure that all people are treated with fairness and equality. Such choices should not,
however, be made by the judiciary. Obstructing or interfering with the executive and legislative
functions this intrusion is unwelcome. “Judicial overreach" is a term used to describe when a judge
goes too far in a In a number of cases, judicial activism has played a role. Judicial overreach and the
judiciary in their current state.

Government Acquisition of Tribal Land for Development Purposes – A Legal Critique

Devashish Kelkar, Raj Vardhan, Mayank Hebbar — Wed, 12 Jan 2022 00:00:00 +0000

Earth’s resources are limited, and when one faction of society obtains resources for itself, it only
logically follows that another faction is simultaneously deprived of those resources. In the case of
indigenous and tribal people, every resource stems from the land that they live on. Without that land,
they have no life. And yet, the demands of our ever-growing modern world ignore this fact and
continue to deprive them of their livelihood. In such a situation where the actions of society
jeopardize the life of others, one would expect the law to intervene and ensure justice. In the following
paper, we seek to answer this very basic question: What has the law done to protect indigenous land
rights? To answer this question, we take a look at Indian legislations designed to protect land rights,
and then move on to scrutinising how the higher judiciary has applied these statutes. To contrast the
stance taken by the Indian judiciary, this paper then takes the example of a few judgements delivered
outside India. The central argument through the bulk of this paper is that the Indian Judiciary has
been inconsistent in protecting tribal land right and needs to change its outlook on the issue in order
to make progress.

Constitutional Rights in India An Assessment of Judgments of Justice P. N. Bhagwati

P.S. Munawar Hussain — Mon, 03 Jan 2022 00:00:00 +0000

The fundamental rights of the citizens are enshrined in Indian Constitution.
The Supreme Court of India and the High Courts during the last seven decades
have rendered hundreds of judgments in perfecting the rights of the citizens and
thereby contributing immensely to the Rights Jurisprudence. Some of the judges
were active enough in securing the rights for the citizenry which sometimes
dubbed as judicial activism. Justice P.N. Bhagwati is one of them.
Justice Bhagwati the 17th Chief Justice of India, proved to be a harbinger of
Fundamental Rights of citizens through his judgments. He introduced Post Card
Petition culture in the Indian Judicial System. He was in the forefront for the cause
of free legal aid to the poor; labourers’ rights; rights of prisoners and inmates; etc.
The remarkable judgements rendered by the Supreme Court with Justice
P.N. Bhagwati on the Bench are Maneka Gandhi vs Union of India; Bachan Singh Vs
State of Punjab; Bandhua Mukti Morcha Vs Union of India; Hussainara Khatoon Vs
State Of Bihar; Dr. Upendra Baxi Vs State Of Uttar Pradesh; S.P. Gupta Vs President Of
India; Bihar Legal Support Society Vs Chief Justice of India; Kadra Pehadiya vs State
Of Bihar; Munna Vs State of Uttar Pradesh; Sheela Barse Vs. Union of India;
Additional District Magistrate, Vs. S. S. Shukla; Waman Rao Vs Union of India; Peoples
Union for Democratic Rights Vs Union of India; etc.
This article will attempt to analyse his judgements which circumvent the
Fundamental Rights. The year 2021 happens to be his birth centenary. This Article
is an attempt to pay tribute to this eminent judge.

Indian Justice Report: Vanishing Hope for Welfare State

Harsh Mishra, Shikhar Verma — Tue, 01 Feb 2022 00:00:00 +0000

“India's Justice Report 2020" examines the structural potential of the national judicial system. Continuing the approach adopted in the 2019 report, it ranks states based on parameters defined in the four pillars of justice: justice, police, prisons, and legal aid. When ranking the states, the report did not compare one state with another. It only highlighted the strengths and weaknesses of each component of each state and encouraged internal evaluation to bring positive changes to the judicial administration. It forces the state to compete with itself to ensure the best justice for its people. The number of court cases is worrying. Although the number of reported cases has decreased significantly due to the pandemic. At the time of writing, the National Court Data Network cited more than 35.34 million outstanding cases in district courts across the country. The court, we must extremely mysterious number-more than 40 million cases have been heard by courts across the country. The pandemic and subsequent closure (full and partial) prevented the judiciary from holding physical hearings. The unthinkable option is to close the court altogether. But technology came to the rescue, and the system evolved into a video conference. Unfortunately, lack of preparation has two first, due to the lack of a reliable system in place, hardware and software failures are inevitable, and almost everyone is not satisfied. One lawyer wore a vest to discuss the case, while another lawyer drove his car. During this year, some higher courts carefully reviewed this situation, but many people, including the Supreme Court, could not accept this change. The plaintiff in the district court suffered the most because of physical alienation. Few district courts provide videos. -Meeting room, although mandatory. Many district courts do not have the necessary capabilities or qualified staff, so the vast majority of applicants are in trouble. Your answers to the needs of litigants and lawyers. Information and communication technology is not only the courts, but all pillars of the judicial system can use the technology in the coming year and involve all relevant people: lawyers, court staff, trial lawyers, police and prison officials, and legal advisers. Lawyers, the adoption of business methods, wider and more targeted use of technology; Deadline; adequate training for employees at all levels; they are needed for every contribution. The Judicial and Police Academy can do many things to improve the image of our judiciary. Judicial reform is imperative. If war is not adopted, the problems that have arisen during the pandemic and for most of the past year will come at the expense of human rights, civil liberties, and true justice.

Justice as a Body of Norms: A Comparative Jurisprudential Approach

Dr. N. Krishna Kumar — Tue, 22 Jun 2021 00:00:00 +0000

There are so many views on the concept of justice. Justice is the administration of what is due. The existence of wise and absolute discretion in the administration of justice and the absence of fixed law and procedure is a negation of the concept of justice according to law. The concept of justice is accepted as an instrument of social change and ideological basis, for counter-acting the totalitarian tendencies by the Communist World as well as highly developed societies of United States of America and England. Due to the increasing favourable public opinion this concept has established its deep roots in the political ideas in these countries. But developing countries like Africa, and countries in Asia including India, are confronting with the problems of planning social justice and economic development. A good government is one which governs best. However, in the Indian situation, an endeavour is going on for reconciling legal justice and social goals of the Indian community within the frame work of the Constitution.

Indian Constitution—Federal in Form and Unitary in Bias: With Special Reference to the Judicial Interpretation of Parts I, XI and XVIII of the Constitutional Text

Manasa Dammalapati — Tue, 22 Jun 2021 00:00:00 +0000

Federalism refers to the Constitutionally established relationship structure between the Centre and the States of India, which delineates and distributes powers within these divisions for better governance. However, the Indian system is a culmination of this federal format with certain qualities of a unitary system. There by the statement of Indian Constitution being federal in nature, but unitary is bias connotes to this mixed and modernist form of separation of power. The nature of the Separation of Powers in India is known to be more unitary or unitary in bias because of the unclear demarcation of legislative powers which lean towards according to precedence to the Union. This paper aims to examine this federal state of powers in light of the Constitution (One Hundred and First Amendment) Act, 2017, The Goods and Service Tax Act, 2017, the congressional emergencies in the late 19th century and other relevant court judgements.

Reservation in India Within Constitutional Ambit: An Overview

Mahua Ghoshal, Debanjali Chandra — Tue, 22 Jun 2021 00:00:00 +0000

Inequality is widely pervasive and deeply embedded in the Indian society with explicit manifestations in the socio-economic and political life of a large section of people on account of the normative structure of the Indian society. The constituent assembly constituted to frame the constitution of the Republic of India seriously deliberated on the issue, and resolved to adopt ‘reservation’ as an effective mechanism to address the issue of inequality. Reservation was considered a form of affirmative action to uplift the living conditions of the hitherto excluded and disadvantageously placed backward class of people who have been historically oppressed and denied of basic human dignity and equal opportunity. It was accorded constitutional status with provisions for representation of the underprivileged people in the parliament and state assemblies of the country, and their employment in the government controlled economic enterprises in fixed percentage. Reservation, as evidence suggests, has been instrumental, and has certainly played a very significant role in the uplift of the living conditions of the hitherto excluded communities. But at the same time, it has also limited its scope, and kept away a large number of people in waiting on account of debatable criterion adopted in identification of the genuine and deserving groups and households. It is found that the first group of beneficiaries having availed of reservation benefits have established their monopoly at the cost of the remaining vulnerable groups who are left with no alternative other than to wait indefinitely because of non-pragmatism practised in implementation of the policy of reservation and in practical identification of the needy people. It is suggested that an institution with judicial power be created at the national level to meticulously prepare the group(s) of needy people for reservation, and closely monitor its implementation in letter and spirit of the constitutional provisions.

Rhea Chakraborty vs. State of Bihar & Ors. 2020: Legal Autopsy

Dr. Monika Jain — Tue, 22 Jun 2021 00:00:00 +0000

In a country where using internet is deemed to be a fundamental right, curbing the rights of media is definitely against the well defined principles. India has been a country which has included Freedom of Speech and Expression as a fundamental right and if the Court starts entertaining petitions which are seeking to curb this right, our country will soon become a banana republic like our Neighbor China or Pakistan. When Judiciary has been allowed to decide their own limits, when Legislation is allowed to decide their own limits, when Political Parties are allowed to decide their own limits, when even Entertainment industry is allowed to decide their own limits, this restriction on Media by the judiciary is uncalled for and not in good taste. This order is against the well settled principles led down by the Supreme Court where it has been established that Media is the forth pillar of our democracy and if required, they can monitor themselves on their own. If the court passes orders like this, it could be against the very basics of our democracy and will have a long term implication where the ruling party could use this order in their benefit to lower down the tone of Free Media which in no way is a good sign for democracy.

Calculus of Force Majeure in Corona Lockdown

Manoj K. Srivastwa — Thu, 22 Apr 2021 00:00:00 +0000

Force Majeure is not a new concept in Law. Vis major is a concept of contractual relations prevalent in Roman Laws since time immemorial whereas the force majeure is equivalent concept in French Laws imported from the Roman Laws per se in Continental Law system alien to Common Law legal System which uses the term of frustration of contract. Like any other Commonwealth Countries inter alia USA, India also adapted the Legal System of Common Laws of England which use the term doctrine of frustration. However. the advent of Covid-19 gave rise to multiploidization of litigation and legal consultancy across the Globe as to whether the breach of contract or non-performance of respective obligations triggered by lockdown due to pandemic Covid-19 would amount to ‘force majeure. Courts of Law are divergent. How Covid 19 pandemic is unprecedented to constitute Force Majeure and strikes at root of the contract as whole ? This Paper attempts to do a Legal evaluation of force Majeure clause in view of unprecedented and un-paralleled swingeing loss sustained to the life & business of the people subsequent shuttering down borders, grounded flights and sledgehammered a complete compulsory penal lockdown of all activities of its citizen inter alia arresting all activities of business establishments, industries and service sectors across by many Countries. In this backdrop it also examines Whether an Amendment in Indian Contract Act,1872 is needed to address the concept of Force Majeure in the emerging circumstances of Covid-19 ?

Law and Society in African Context

Counsel Victor Onzere — Tue, 22 Jun 2021 00:00:00 +0000

This paper focusses on the effects of Law and Society in African Context dwelling specifically with East African Countries and other African countries and its effects on the economies of these countries as well as the societies in these countries. It discussed the following subtopics Law and Society: Aristotle’s Version 384–322.B.C.; Law and Society: Plato’s version 429–348B.C.; Law and Society: Plato’s version; Law and Society: Aristotle’s Theory of law; Law and Society: Functions of law; Law and Society: Justice; Law and Society: Stability; Law and Society: Certainty; Law and Society: Flexibility; Law and Society: Regulatory; Law and Society: Enforcement; Economic Growth: Fight against Corruption: Conclusion: Access to Justice: Deterrence against Crimes: Political Instability: Violation of Human Rights: Dictatorship: and Corruption.

A Rigid, Pure Tripartite Separation of the Organs of the Government and the Cameroonian Constitution: A Critical Appraisal

Dr. Ama Ambo Chefor — Tue, 22 Jun 2021 00:00:00 +0000

The concept of separation of powers in its true and original sense is very rigid. In means that the three arms of the government should be completely independent and one organ should not control or interfere with the exercise of its function by another organ. Unfortunately, this principle in its strict sense has not been accepted by a large number of countries in the world because it is hematic, watertight and renders administration of the State inflexible. Practically, the delegations of powers within the administration, relation or corporation between the three organs of the government in most contemporary democracies have made the theory of separation of power in its strict sense more of a fiction, illusionary than a reality. The objective of this article is to examine the applicability of the rigid, pure tripartite separation of the organs of the government in the 2008 Cameroonian Constitution and Cameroon in general. In undertaking this analysis, the article unveils an understanding of what a tripartite separation of powers is, the principle establishing it, its importance and criticisms. Further, it brings out an application of this principle in the Cameroonian Constitution and a general appraisal of its applicability in the Constitution and the Republic of Cameroon. We adopted a doctrinal methodology, a satisfied analysis of primary and secondary data. Our findings reveal that, though the 2008 Cameroonian Constitution structurally adopts the composition of the tripartite separation of powers; the executive, the legislative and judicial powers, it is in practice operational in its liberal and not the strict sense. chiefly, in the sphere of law-making. We recommend the creation of a separate organ to reconcile the three organs where differences arise or in cases where skirmishes surface amongst them.

The Domination of the Repugnancy and Incompatibility Tests on Customary Law in Anglophone Cameroon

TASIKI DESVARIEUX NTOBENGWIA, Tangwa Modestine Ginj — Mon, 07 Dec 2020 00:00:00 +0000

This piece has as objectives to examine the recognition of customary law in Cameroon, on the one hand and on the other hand it will belabor on the Repugnancy and Incompatibility Tests (The Duality Tests) and it impacts on customary law in Cameroon. The early contacts of the colonial masters which constitute the modern Cameroon were in the early 19^th century. During the colonial period, the British introduced the 1955 Southern Cameroon High Court law which in its Section 27 (1) lay down the repugnancy and incompatibility tests (duality tests). As per this section, the court will only apply a rule of customary law if it is not repugnant to natural justice, equity and good conscience or incompatible with laid down laws. In this light, adopting an in-depth content analysis based on primary and secondary sources of data collection and data analysis is imperative. The research conclude that the duality tests have both negative and positive consequences on customary law in Anglophone Cameroon; it has led to the uncertainty in the application of customary law and on the positive side, it has help to upgrade the status of customary law.

CONSTITUTIONAL PERSPECTIVE OF RESTRICTIONS ON RELIGIOUS PRACTICE

Joby Bhaskar — Mon, 07 Dec 2020 00:00:00 +0000

Maintenance of public order is always considered to be the primary duty of the state. Right to religious practice is a very sensitive issue. Likelihood of clash between believers of one religion and another while exercising their religious practice which may lead to violation of public order of the state is very high. In order to maintain public order among the people of the society while they exercise religious freedom, lawmakers of our country have taken keen steps. Various legal provisions for the management of public order and tranquillity have been comprehensively formulated. The judiciary has asserted that the state authorities have been given police powers to solve like nature of issue which runs parallel to the guarantee given by the Constitution to an individual.

Constitutional Legality of the Limits of Sanctions and Extent of Liberty in the View of Coronavirus Pandemic in India

Kriti Sharma, Malobika Bose — Sat, 05 Dec 2020 00:00:00 +0000

As we all are familiar with the word coronavirus officially named as (COVID-19). The World Health Organization (WHO) declared it as a pandemic situation because of its global spread. India rapidly responded and clamped Lockdown after a JANTA CURFEW ordered by our honorable Prime Minister on 22^ndof March 2020. Then after that curfew a new challenge for all came into light (i.e. Lockdown) from March 25, 2020, to April 14, 2020 which was named as a first lockdown and then 2^nd lockdown started from 15^th April 2020 to 3^rd May 2020 then followed third lockdown mainly from 4^th May 2020 to 17^th May 2020. The government has played a very important role to fight from this epidemic situation by applying restrictions on social gathering that comes under section-144 of CRPC Act. In the recent speech of our honorable PM Narendra Modi which was held on 13^thMay 2020 he talked about Self-reliance and 5 Pillars. Economy Infrastructure System Demography and Demand (supply chain). Announced MSME package (for land, labor, liquidity) of Rs.20 Lakh Crore (10% of GDP, more to be announced by FM). The Government legitimized flow into at the constructional mandate of Article 47 and Entry 29 of the 7^th agenda of the Constitution of India, 1950. It has moreover carried out time tested quarantine regulation contained beneath Indian Penal Code, 1860, and Epidemic Diseases Act, 1897. Such a health emergency turns out to be no longer contemplated under the Constitution of India, 1950; therefore, it has anticipated calamitous situation underpinned Disaster Management Act, 2005, to chart the preventive approach of COVID-19. The innovation of COVID-19 as disaster and disaster equipped into the word' beyond the coping capability of the network.'

CONSTITUTIONAL LAW AND JURISPRUDENCE

Surendra Singh Chandrawat — Sat, 04 Jul 2020 00:00:00 +0000

Constitution is the agreement or law of highest authority in every country. Every single law passed by the legislature has to be in accordance of the Constitutional law of that country, also as Jurisprudence is a philosophy of law which helps to study every law in detail, its scope, ambit, and every concept, it becomes essential for every lawyer or any person with such profession to study the Constitutional Law along with its Jurisprudence. There are many aspects of the jurisprudence which requires our attention and understanding we will study the four aspects of jurisprudence and the fields with which they deal. Here in this article we will study the most philosophical part which can be the base for every law i.e. Constitutional Jurisprudence. We will also study theories given by different jurists of all time along with the Constitutional interpretation and judicial review by the Supreme Court of different countries.

The Right to Self-Determination by Groups Struggling for Statehood in Post-Colonial Africa: A Constitutional Freedom or Battle?

Ayuk Macbert Nkongho, Kimbi Leonard Samba — Wed, 17 Jun 2020 00:00:00 +0000

Just when it is thought that some peace is settling in Africa after the scourge of the 2^nd World War, there have been raging internal conflicts with groups of people within territorial boundaries of states, claiming self-rule (Self-Determination). Many conflicts around the globe generated from attempts at fractioning states. In Africa alone, there are a handful like the Biafran of Nigeria, Saharawian of Western Sahara, Katangans of Congo and the Ambazonian in Cameroon. The right to self-determination has become one of the most complex issues for African policy makers, scholars and the international community at large. Confusion surrounding the content of the right to self-determination makes people to ask whether there exists a right to self-determination. This is because this right is constitutional and is also included in international human rights conventions which fail to defined who exactly is to claim such right; a group; a people; or a nation, and what exactly this right confesses. At the same time, the international system particularly in the post-colonial era has defended the inviolability of existing national/state borders, regardless of how and when they were determined. In recent years, many groups that constitute minorities in their states have evoked the “right to self-determination” in their demands for autonomy or in some case, have resorted to violence to pursue their aims. These groups typically demand for self-determination as a way to end years of repression and human rights violations by the majority ethnic groups or the central government. Based on the challenges faced in asserting the right to self-determination, the objectives of this paper is therefore, to assess and analyze the content of the right to self-determination, evaluate the level of its acceptability and applicability, examine its assertion by groups claiming it, and examine if there exist other means of asserting such right. To attend these objectives, we adopted the doctrinal method and discovered that they are other means of asserting the right which can be through Federalism, confederation, Decentralization and not only through secession to which if they are effectively implemented, such right will be assured and sustainable as such, enhance peace and security in Africa.

PREAMBLE AS A TOOL FOR CONSTITUTIONAL INTERPRETATION: A COMPARATIVE ANALYSIS

Prasad Hegde, Ojaswa Pathak — Thu, 18 Jun 2020 00:00:00 +0000

As Said by Coke the Preamble is an excellent means to understand the statute as it opens the doors to understand the mind-set of the makers of the constitution. It plays a great role in constitutional adjudication and design. This study is mainly going to analyse the way of looking at preambles. It is also going to comparatively analyse how the Preamble is being used both in the United States of America and India. It is going to analyse how the Courts in the United States of America have lagged behind in giving the Preamble the role it deserves but India have gone ahead and recognized Preamble as a part of the Basic Structure of the constitution. It is also going to discuss the legal power of preambles where it is going to comparatively analyse the legal force given to preambles in India, the United States of America, Nepal, France, and Germany etc... It is also going to discuss the Consolidative power which the Preamble has. The paper also envisages the idea that Preamble be made a part of the constitution and be given force and also play an active role in adjudication of Constitutional disputes and have a final say in adjudication if there is obscurity in Constitutional provisions. It also asks for better and advanced study in this subject in law schools so that students get an idea of the ideals and values on which our preamble is based.

RESTRICTIONS UPON THE FREEDOM OF ASSOCIATION AND THE TEST OF REASONABLENESS

Dr. Dilip Pandey — Wed, 17 Jun 2020 00:00:00 +0000

Freedom of association is the basic feature of any pluralistic society. Though, association, like other concepts, is not an absolute concept. The state may have a number of valid reasons for wishing to regulate its exercise. To do so is not necessarily incompatible with the idea of freedom of association, provided the restrictions chosen leave the basic substance of the right intact. However, Governments do sometimes succumb to the temptation to confuse justification with expediency, and the substance of the fundamental rights cannot always be preserved by relying on the benevolence of state administrations. If it is accepted that decisions on economic and labour issues should not be monopolised by the state but that workers and employers should also play an important role in this respect, it is self-evident that the latter must be given the right to set up organisations for the defence of their occupational interests and that these organisations must be granted the rights which are necessary for them to act effectively. Although the basic principles of freedom of association apply to workers and employers alike, in practice usually problems arise in connection with labour unions rather than with employers’ organisations. The main reason for this is probably that many Governments are more concerned about the potential influence of trade unions on national life and have therefore attempted to control them more closely It is important therefore to inquire into the limits imposed by the ILO upon the discretion of Government to restrict the exercise of freedom of association. However, the present study is an attempt to analyze the understanding of the attitude of various facets of freedom of forming an association and its legal and reasonable restriction vis-a-vis the historical development, hence; it limits itself only to the study of the general rights of political and non-political associations and how much the same have been protected through Courts’ decisions.

The present study is based on doctrinal method of research. A comprehensive review of existing literature, journals, articles, reports, mixed with magazines, newspapers articles are primarily relied in order to get clear updated picture of the current position of the Constitutional law regime and its conflicts with rapid pace of modern legal development. Case laws of various Courts are basically referred.

The Reservation System as a tool for Social Engineering in the Perspective of Indian Constitution

Shama Parveen — Thu, 18 Jun 2020 00:00:00 +0000

The satisfaction of human wants and desires is the main duty of law. In the primitive society, one class used to rule over others by making caste system and fulfilled their own interests only. The weaker sections then had no any such status that was being used by the strong one. The constitution of India provides the equal status and of opportunity to develop the human personality to all disregarding their castes but by providing through caste system that some has been found backward socially and educationally in lower caste sections. This reservation system might act as a tool of ‘social engineering’ that could have balanced the competing interests of all the castes in our present society. Despite, incorporating this promoting system of reservation in India throughout, it becomes more burning issue countrywide. The idea of ‘maximum wants with a minimum friction’ here seems to get failed. To make the system more efficacious, no one wants to give some least sacrifice and this politically organised society is enjoying their existence by making the propaganda of distributing the free Adam’s apple of reservation.

Representation of Anglo-Indians in the Indian Legislative System

Bhavesh Goel — Thu, 18 Jun 2020 00:00:00 +0000

Article 331 of the Constitution of India, 1950 enables the President of India to nominate not less than two members belonging to the Anglo-Indian Community to the Lok Sabha. Similarly, Article 333 of the Constitution of India enables the Governor to nominate a member belonging to the Anglo-Indian Community to the State Legislative Assembly, if in case necessary. The Political Representation for the Anglo-Indians is being provided from the date of enactment of Constitution. Over the years, the population of the Anglo-Indians has been decreasing and the Population Census and other reports indicate that their population is reduced to 40,000 across the country. This paper aims to analyse the progress made by the Anglo-Indian Community out of the political representation provided to them in Lok Sabha and State Legislative Assemblies. Further, it seeks to highlight how the reservations provided to this community were misused to a large extent by the political leaders. Towards the end, this paper would suggest the alternative solution to the political reservation extended to them, if in case it is found to defective and misused by the political leaders to a large extent.

Refusal to Defend vis-a-vis Right to Legal Representation

Praful Dwivedi, Sakshi Agarwal — Thu, 18 Jun 2020 00:00:00 +0000

In the world of real lawyers and real clients, "role differentiation" refers to a fiduciary relationship in which the lawyer promises to take all reasonable and lawful means to attain the objectives of the client. Our Constitution guarantees right to representation to every accused regardless of the crime he has committed. However, the refusal to represent by the advocates hampers the Constitutional Protection offered to accused. Professional ethics requires an advocate to take the brief of the clients and defend them with all the skills they posses. However, on the special circumstances an advocate can deny to represent the accused. The circumstances include threat to the society, threat to the victim and societal perspective. When a person is accused of committing a heinous crime bar associations passes resolutions to refrain from representing him however this goes contrary to basic professional ethics. A person shall not be convicted without affording him to present evidences in his defense, denial of such an opportunity will be contrary to principles of natural justice which also forms a part of right to life enshrined under Article 21 of the Constitution.

The author in this paper has analyzed the instances in which an advocate can deny to represent the accused apart from analyzing the importance of legal representation.

Legal Perspectives of Open Government System towards Achieving Transparent Administration at Gram Panchayat level in India – Case Studies

R. Aruna Jayamani, R. Chinnadurai — Thu, 18 Jun 2020 00:00:00 +0000

An open government is one with high levels of transparency and mechanisms for public scrutiny and oversight in place, with an emphasis on government accountability. Transparency is considered the traditional hallmark of an open government, meaning that the public should have access to government-held information and be informed of government proceedings. In recent years, however, the definition of open government has expanded to include expectations for increased citizen participation & collaboration in government proceedings through the use of modern and open technologies. The open government system enables the people to participate in all the process of planning, development decision making, implementation and monitoring of rural development programmes ultimately addressing the issue of poverty reduction. In this context, this study captured the performance of proactive role of panchayats in maintaining transparent administration in a participatory manner. This study also made deep attempt to verify this theory that, the open government system made commendable impact on the delivery of basic services and people supporting functions

Legal Pluralism or The Unification of Laws in Cameroon

Dorothy Lekeaka Acha Morfaw Epse Ghogomu — Thu, 18 Jun 2020 00:00:00 +0000

This article examines the present state of the law in Cameroon (pluralism) and argues that unification is a better option. It considers other alternatives such as constitutional overrides and harmonisation/integration before settling for unification. Legal pluralism creates a situation of overlapping laws some of which are discriminatory and thus cannot adequately protect the individual’s human rights particularly the right to non-discrimination. Also, the complexities created by the internal conflicts of laws as a result of legal pluralism make it more difficult to achieve justice. Unification on the other hand will greatly reduce non-discriminatory rules and the problems created by the conflict of laws. This article focuses mainly on personal law. While parliament has enacted laws that are applicable in the entire country in some fields such as labour law, marriage, criminal law and procedure, in others such as divorce parliament has never legislated. Thus, where parliament has not yet legislated, the applicable laws are still those received from her colonial masters as well as customary law.

LAW IS FOR PROTECTION NOT FOR MISUSE

DEBASHREE CHAKRABORTY — Wed, 17 Jun 2020 00:00:00 +0000

Law is for the society, of the society and by the society. LAW only tries to safeguard the society at large or a part, not for depriving others rights by misusing it. It is the selfish mentality of an individual which raise the negative question on the basic objectives of legal provisions in this present scenario.

Emerging Role of Media in Elections (In context to India)

Chetan Upadhyay, Brijesh Sharma — Wed, 17 Jun 2020 00:00:00 +0000

With developing times, media is often recognized as the fourth pillar of government in many countries along with the Legislature, Judiciary and Executive. The world is evolving into a Global Village and media is actively playing its role. Information from around the globe is now just a few clicks away.

A human is a social being and likes to be connected, to be well known, and to be respected by others. Everyday choices of people are heavily influenced by the opinion of others around them. In such an environment, media plays the role of a messenger, spreading information worldwide, making people aware and making an influence on their decision-making process.

This paper explores the active role media plays in Elections. As the role of media is a very important one in elections, there are various instances of malpractices which occur through media. This paper critically analyses and discusses about such scandals which have taken place in the past and which may pose a threat in future elections.

This paper also briefly discusses the Freedom of Press and the Limitations on Freedom of Press. The paper concludes with analysis of both authors on the present and developing role of media and their suggestions.

Doctrine of Separation of Power and its Present Significance in India

Chetan Upadhyay — Wed, 17 Jun 2020 00:00:00 +0000

The doctrine of separation of power can be said to be developed over the above observation, though the concept is much older than the remark by Sir John Acton. History has time and again shown that unlimited power in the hands of one person or group in most cases means that others are suppressed or their powers curtailed. The separation of powers in a democracy is to prevent abuse of power and to safeguard freedom for all.

This paper traces the origin of the concept of separation of powers to the times of Aristotle and Plato, how it was in ancient India and its development in modern era. Then the paper goes on to explain the position of the doctrine in USA and UK. Separation of powers as implemented in India is explained and a few Articles of the Constitution of India are mentioned which relate to separation of power and the doctrine of check and balance. Further, the doctrine of check and balance and separation of power as a part of basic structure is discussed along with a few case laws and recent issues such as the RBI and CBI conflict with the government.

Citizenship Act, 1955: Critical Analysis of CAA & NRC

Monika Jain — Wed, 17 Jun 2020 00:00:00 +0000

The Indian thought of nationality as in material form in the Constitution and the regulation is in the throes of a hypothetical and most important insurrection. The double mechanisms of this modification are the National Register of Citizens and the Citizenship Amendment Act. But the previous is figurine out passageways to statelessness for on the breadline assemblages, the second is creating alleyways to nationality for preferred crowds. At the same time as the first is, notwithstanding the threatening of its adding up transversely India, at present inadequate to the state of Assam, not merely do the two requirements to be understood at the side of every additional, mutually of these in revolve necessitate to be understood in the bigger circumstance of the administration guidelines towards minorities, whether in the obligatory improvement of Muslim women by the criminalization of the triple talaq or the move towards behind tough lying on, in view of the fact that near the beginning of August, in the previous state of Jammu and Kashmir. They in addition require to be comprehended in the surroundings of enlarge of velocity of aggression next to minorities above the long-ago not many years, for the most part by guardian thread up crowd who have been flourishing on inauguration of authorized indemnity. A sufficient appreciative of equally the National Register of Census and the Citizenship Amendment Act depends on an authorization of the arrangement for minorities represented by these dual observable facts, instigate on or after the circumstances and civilization in that organization

AN ANALYSIS OF THE SPECIAL STATUS OF JAMMU & KASHMIR AND THE WITHDRAWAL THEREOF

Koyel Ghosh, Ishita Chatterjee — Wed, 17 Jun 2020 00:00:00 +0000

In 1947, when India was finally getting its independence from the British Raj of over two hundred years, there was a sigh of relief to the Indian people that now it’s time to breathe free as the India will be for the Indians and no British dominance would hamper the peace and harmony in the Indian Territory. But nothing is gained without losing something therefore, India was divided into two parts, namely, India and Pakistan in which as time passed East Pakistan got independence from Pakistan and is currently known as Bangladesh. Though there was the breeze of Independence in India, but people of Jammu & Kashmir were into great dilemma as to what they should do. Whether they should merge with India or the Merger should happen with Pakistan or Jammu & Kashmir will be an Independent Nation. Hence, Raja Hari Singh decided to merge with India in consideration of special status for Jammu & Kashmir by the Indian Government. As a matter of fact, on October 26, 1947, Hari Singh, the Maharaja of Jammu and Kashmir, agreed that the State would become a part of India.

Right to Information

Sanskruti Rajiv Yagnik — Sat, 05 Dec 2020 00:00:00 +0000

The Right to Information Act, 2005 gave the citizens a formalized platform to access information. The paper talks about the history of information, how the right evolved in India and constitutionally analyzing pertinent sections. Moreover, transparency, freedom of speech and expression, an open government which are the fundamentals to our basic structure and hence to accessing information. Third-party information that is often not spoken about and is not considered to be important is discussed in this paper. The author has not delved into the Right to Information (Amendment) Act, 2019 as the act has not yet come into force. Hence, this paper will primarily focus on the fundamentals and the pillars of the Act that officially grants the right to information to the Citizens of India.

Rule of Law and Good Governance in India

Ritu Raj — Wed, 17 Jun 2020 00:00:00 +0000

This paper makes an effort to provide an outline of the Dicey’s Rule of Law and concept of Good Governance. The paper intends to locate the principle of Rule of Law in the Indian Constitution and the manner it is followed and implemented in the public institutions. The paper focuses upon the evolution of good governance in India by identifying its essential features in its working and emphasizes need for innovative approaches. No theory of governance could be intelligible unless it is seen in the context of its time. India’s democratic experience of the past seven decades has clearly established that good governance must aim at expansion of social opportunities and removal of poverty. Good governance, according to the author, means securing justice, liberty, rule of law, empowerment, employment and efficient delivery of services. The paper deals with the concept of Rule of Law and its role in establishing Good Governance throughout the country. This paper also makes an effort to highlight the attempts made by the Indian Judiciary to promote Rule of Law and Good Governance through her valuable and significant judicial pronouncements.

AN ASSESSMENT OF CAMEROON’S LEGAL AID SYSTEM AS AN INSTRUMENT TO PROMOTE ACCESS TO JUSTICE FOR THE POOR

NGATCHOU Toto Carles — Fri, 10 Jan 2020 00:00:00 +0000

The administration of justice in Cameroon’s courts is govern by some general principles and concepts. Amongst the established principles is the one contained in the Law on Judicial Organisation in Cameroon,^[1] which provides that “Justice shall be administered free of charge subject only to the fiscal provisions concerning stamp duty and registration and those concerning the reproduction of records of proceedings for appeals”. This does not absolve a party to a case from paying his or her lawyer and other allied expenses. Therefore, this might be a barrier for the poor and underprivileged parties to have access to justice which is a fundamental human right. This paper examines the effectiveness of the Cameroonian legal aid system as an instrument intended to breach this barrier in order to realise the important commitment of the government contained in the slogan “justice for all by 2035”, in line with the social policies in support of growth and poverty reduction.

A Critical Analysis on Judicial Review: Bangladesh Perspective

Md. Abdur Rahim — Fri, 10 Jan 2020 00:00:00 +0000

Bangladesh is a unitary independent sovereign, republic to be known as the People’s Republic of Bangladesh and by nature man is rational being and they live in the society depending upon other in need of survival. The laws are basically created on social demands and human needs. Laws have been made to guide and control human behaviors. It is one of the fundamental tasks of the justice system of a country that it will work as safeguard for the people to uphold the significance of their rights. Judicial review is a principle by which the legislative and the executive actions are subject to review by the judiciary. Judicial review checks and balances the separation of power among the government branches. Judicial review is one of the important techniques by which the courts examine the actions of the legislature, the executive and the other governmental agencies and decide whether or not these actions are valid. The main attempt of the study is to focus the challenges in using this power in Bangladesh analyzing some cases. The authors have also analyzed the philosophy of this power vested on the judiciary. At last some recommendations have been put to overcome the complications in application of this power.

RTI AND ITS IMPACT ON INDIAN DEMOCRATIC SYSTEM

Rahul Ranjan — Fri, 10 Jan 2020 00:00:00 +0000

India was under the colonial rule for over 200 years and a major element of that oppressive rule was the questions asked way of governance of the Britishers in furtherance of which the atrocious Official Secrets Act was enacted and was in operation post the independence and enactment of our Constitution which made India a Democratic Republic. The essence of a democracy lies in the principle as given by Abraham Lincoln in the Gettysburg Address that it is “for the people, by the people, of the people” and that the Preamble of the Constitution of India states that the people of India have given the Constitution to themselves. In these circumstances, the operation of an Act like the Official Secrets Act went against the democratic spirit of the nation.

The elections in India are based on Universal Adult Franchise and the persons are elected on representation of the people of India. In these circumstances, it is the need of the nation to provide Right to Information to it’s citizens so that they can demand answers and information from the Government and it’s Authorities on the functions and operations of the nation.

This paper focuses on the Legislative History of RTI on how the idea was opposed, acts enacted but never notified, bills allowed to lapse to the enactment of the present ground breaking but limited Right to Information Act, 2005. This paper further makes a detailed perusal of the RTI Act, 2005 along with a comparison of the same with other parallel legislations and their scope in nations around the World. Lastly, the paper focuses on the judicial aspect of RTI and the grievance redressal mechanism finishing with the suggestions and important judgements that have paved the way for execution of the RTI in India.

ROLE OF JUDICIARY IN ADR

Rahul Ranjan — Fri, 10 Jan 2020 00:00:00 +0000

India is a country enriched with abundant natural resources and an enviable demographic dividend wanting only in availability of capital to propel the country on a path of unbridled economic growth. To attract invest from around the globe it is imperative to promote ease of doing business of which the judicial mechanism on settlement of disputes plays a vital role. To take care of that, Arbitration has been introduced in the Indian Legislative Judicial System. Although the provisions on the same have been around since 1940, it is in the recent years that Commercial Arbitration has received increased impetus to ensure that the disputes are resolved in a time bound manner aimed at reaching a decision that pays heed to the economic and judicial interests of the parties involved. With the benefits apparent over the traditional court system, arbitration is steadily becoming the preferred system of dispute resolution however being a relatively nascent mechanism, training and research in this arena is under developed.

This paper discusses the legal provisions that allow for undue judicial interference in the ADR Mechanism with reference to relevant cases where the same has been brought to attention.

INDIAN JUDICIARY

Raj Aryan — Fri, 10 Jan 2020 00:00:00 +0000

Government of India has three branches; namely executive, legislature and judiciary. In this

Article, we are going to talk about the judiciary of India. Judiciary in India is independent of

the other two forms of government. It works as an organization in itself, which has its own

officials. Judicial Service is not considered a service in sense of an employment. It is the

branch of authority in a country which is concerned with law and the legal system who

resolve the disputes between the citizen and the state between state and the union and the

various organs of the state itself and provides justice to them. The Indian Judiciary consist of

the Supreme Court at Union Level, High Court at state level and District court at Every

District level. There is only one Supreme Court which acts as final interpreter, guardian of

the Constitution whose decision is binding on lower and subordinate courts i.e., High Court

and District Court, under Article 141 of Constitution of India. The Supreme Court has

defined the basic structure of Constitution through the case of kesavananda bharti. Every

procedure and courts works in hierarchy putting Supreme Court at top and District court at

bottom. Supreme Court can hear appeal from High court under Article 132. Under Article

214, there shall be a High Court in each state and all High Courts have same status under

Constitution. The Constitution empowers Supreme Court and High Court to issue writs in

case of violation of fundamental rights under Article 32 and 226 of Constitution respectively.

The High Court can interfere with the order under Article 227. In every state there shall be

Courts of session, Judicial or Metropolitan Magistrates of first class, Judicial Magistrates of

second class and Executive Magistrates.

Necessity of Uniform civil code in India

Shweta Mishra, Amit Kumar Pandey — Fri, 10 Jan 2020 00:00:00 +0000

The word uniform civil code incorporate three terms 'uniform' ,' civil ', 'code'. The word uniform methods all individuals are equivalent in all conditions ; the term common gets from the Latin word ' civil ' signifies resident when use as a descriptor to the term ' law' which means the privilege of native ; the word code got from Latin word ' codex' which means book. So along these lines it signifies the implying that consistently laws that are material to all native of India independent of their position, religion, birth, sex, tribe. Article 44 of the Directive Principles of state approach in the Constitution of India says the "State will attempt to accommodate its residents a uniform civil code (UCC) all through the domain of Indian territory." The target of this undertaking ought to be to address the victimization helpless gatherings and orchestrate differing social practices. By and by circumstance touches base to set up a uniform civil code in India. On the planet there are a huge amount of countries where only one court has for all people free of different religions. The stand taken by B.R. Ambedkar in the Constituent Assembly discussions has endure the years. Dr. Ambedkar had said a Uniform civil code is alluring yet for the minute ought to stay deliberate.

DEFENSIVE DISCRIMINATION AND CASE LAWS

Sapna Arora, Geetika Sood — Fri, 10 Jan 2020 00:00:00 +0000

"Defensive Discrimination" implies to bring the weaker area of society at a par level or at standard with forward class individuals. The expression "Defensive Discrimination" is referred to under different classification as "Positive separation", "Dynamic segregation", "Positive insistence" or even as "Invert Discrimination". This paper is an endeavor to ponder the cases identified with defensive separation and arrived at the conclusion whether the exisiting laws and their execution by the judges is upto the mark or not.

THE TRUTH ABOUT ARTICLE 370

Amit Kumar Pandey — Fri, 10 Jan 2020 00:00:00 +0000

The average educated Indian believes that every law of the Parliament is applicable throughout the country, including the State of Jammu & Kashmir. Nothing is further from the truth. Using the freedom provided by Article 370, the J&K State has not accepted Indian Penal Code, Prevention of Corruption Act, 1988, and several other laws passed by the nation’s Parliament.

Another truth is that, because of the leeway provided by Article 370, the Jammu & Kashmir State governments have, down the years, declined the applicability of dozens of other Articles of the Indian Constitution to their State or accepted them in only a modified form. A glaring example of this is that while the Preamble of the Indian Constitution proclaims the Union of India as being ‘Secular’ (whatever that may mean), the corresponding Preamble of the J&K State Constitution does not avow that the State is ‘Secular’.[1]

Rule of Law

Srishti Singhal — Fri, 10 Jan 2020 00:00:00 +0000

Rule of Law is a global concept and has been taken from the Latin word ‘linguafranca’ which means it is a specific language in the field of law and therefore it is an universal concept which was then discussed by many ancient, medieval and Greek philosophers and jurists such as Aristotle, Hayek, Plato, Montesquieu, &Locke that law must govern people and not vice-versathey were of the thought that those who are already in power should be the servants of laws[1]. Rule Of Law is the only supreme patent of human creatures and is ‘liguafranca’of global thought. It reflects in the constitution through the concept of good governance and democracy. It is a universal concept which was It is fetched from the french phrase ‘la principe de legalite’ which means ‘The Principle of legality’ and proves to be the necessary conditions for the implementation of the ‘Rule of Law’ which give emphasis on the legislative powers of the state but that alone does not ensure the fact that all the powers constraint in a state are with due process and diligence[2].However for the practical knowledge of the rule the paper is needed to be read.

The State of Patriotism in the Contemporary Context of Indian Democracy: An Analytical Study

Shipra Sayal — Wed, 07 Aug 2019 00:00:00 +0000

“Loyalty To The Country Always. Loyalty To The Government When It Deserves”. —Mark Twain

Patriotism is a notional concept which is frequently attempted to be defined in a subdued arena of present democracy. It is imperative to respond to the enigma that “Can Patriotism be engrained into people through the mechanism of force-feeding? or Is Patriotism the last refuge of a scoundrel? Patriotism is an abstract feeling which is sought to be defined in a constricted manner. A very important question which requires discourse is whether Patriotism has to be expressed at all?

Ridge v. Baldwin: Analysing the Magna Carta of Principles of Natural Justice

Devansh Saraswat — Fri, 12 Jul 2019 00:00:00 +0000

Ridge v. Baldwin is a landmark authority and has altered the settled position in England, India as well as other nations. It is thus regarded as the Magna Carta of Principles of Natural Justice as it has widened their scope manifold. It thus becomes significant to consider the analysis of this case and comprehend the settled position. It is certainly regarded as one of the most significant judgements when it comes to changing dynamics of Constitutional Interpretation. The paper has attempted to comprehend the principles of natural justice in brief and their historical inception along with the discussion on International Conventions. The position in India has been considered at length along with various landmark cases to substantiate the points post discussion of their historical evolution in India. The significance of the instant case has been discussed post which the case has been analysed. Post analysis of the case, the present position in India has been discussed to comprehend the significance of this case. An in-depth analysis of the above-mentioned theme has been presented along with an organisational conclusion of the subject matter. The case analysis has sought to resort to different reliable sources, both online and offline, inclusive of different online reports, surveys, statistics, studies, books and articles inter alia for the purpose of research, analysis, interpretation and execution of the subject matter and ensures maximum creativity, research work, and personal ideas in the same.

Quaid-e-Millat Muhammad Ismail Sahib on Reserved Constituencies

Lakshana R — Fri, 12 Jul 2019 00:00:00 +0000

The topic of reserved constituencies has been a hotly debated issue before and after the independence of India. Several scholars from various social, economic and cultural backgrounds have diverse opinions on the topic. Those who oppose reservations in electorates argue that such systems merely serve to further deepen the schisms that the Indian society is benighted by. The minorities tend to overwhelmingly favor it since they have experienced the tyranny of the majority during several junctures in the long history of India. Apart from the lessons learnt from historical experience, the thoughts and viewpoints of prescient scholars voiced during the constitutional debates provide a keen insight into the various dimensions in the complex issue of reserved constituencies. The aim of this paper is to understand and analyze the opinions of Muhammad Ismail Sahib, popularly known as Quaid-e-Millat on the issue of reserved constituencies and draw linkages to the issues related to affirmative action in contemporary times.

Joss House Ministerial Regulation: Specific Old Laws for Control of Religious Shrine in Thailand

Rujittika Mungmunpuntipantip — Fri, 12 Jul 2019 00:00:00 +0000

Abstract

Rooted culture and belief are common things in any setting where there is a long history. Joss house is a specific belief of the local people seen in Indochina. This place is a specific religious shrine controlled by public community aiming at performing religious activities. The specific Lawson Joss house is very interesting. Here, the authors present and discuss on the specific old laws for control of religious shrine in Thailand. The law has been in used for nearly one hundred year (since 1917). This is an example of old classical law that is still presented used.

Case Analysis of West Bengal V. Union of India [1964] 1 SCR 371

Lakshana R — Fri, 12 Jul 2019 00:00:00 +0000

The researcher aims to study the usage of comparative law in the context of federalist principles in the instant case. Reliance has been placed primarily on secondary materials that include but are not limited to commentaries, journal articles, official proceedings, treatises and textbooks. The scope of the project is restricted to a doctrinal study of the usage of comparative law on constitutional federalism in the instant case and its consequences for the ultimate finding in the majority and the minority opinions. Considering the off-the-wall nature of the issue before the court and the socio-political background of the time, the research attempts to understand the judicial approach towards comparative constitutional law in the instant case. Further, the researcher endeavours to examine whether the judicial excursion into federalist principles of foreign constitutions of certain commonwealth countries with a richer tradition was a mere digression or a useful exercise in light of the final pronouncement.

Article 35A: Its Existence and Controversies

Ashish Srivastava — Fri, 12 Jul 2019 00:00:00 +0000

Article 35A of our Indian Constitution is one of the most debatable articles. It always remains surrounded by controversies. Article 35A gives the special rights to the Jammu and Kashmir’s permanent residents while denying certain rights to people from outside the state. Thus, this issue becomes the main matter of concern for many. So, in order to understand its intricacies a detailed evaluation of Article 35A becomes important. Hence, this research paper would primarily focus on the provisions of Article 35A and its related controversies.

Separation of Powers

Rahul Ranjan — Thu, 11 Jul 2019 00:00:00 +0000

The present Article is an attempt to analyze the scheme of Separation of Powers as envisaged under the Indian Constitution and the difficulties faced by the three wings of the government in practice while implementing the provisions of the Constitution in letter and spirit. The author also draws a comparative analysis with the American Constitution scheme of Separation of Powers. Throughout the course of the paper various foreign and Indian cases have been discussed wherein the Courts have recognized that there is no clear straitjacket formula to determine separation of powers. Given the complexity of the democracies all over the world, overlap in jurisdiction is bound to arise. However, each wing of the government must keep an internal check to ensure they do not end up violating the rights of the people. The Hon’ble Supreme Court of India has recognized that Separation of Powers is a part of the basic structure of the Indian Constitution. It is in this context, that the author felt the need to examine the „Constitutional Plan and Practice with respect to Separation of Powers in India?.

Freedom of Speech and Right to Privacy in the Light of Judgement of Justice KS Puttaswamy (Retired) versus Union of India and Others

Niddhi . — Mon, 04 Mar 2019 00:00:00 +0000

In this article, we critically review the freedom of expression-related legislation and its role in protection of right to privacy in India. We first focus on the Constitutional provisions that are available for securing the freedom of speech and expression on various levels along with various other constituents affecting and restricting the right to free speech and law enactments available for more efficient expansion of expression. Then, we explain how these laws effect can feed back in the construction of a contemporary framework to appropriately use modern expression tools for challenges related with the recognition of right to privacy as an independent enforceable fundamental right in the light of landmark judgment in the case of Justice KS Puttaswamy (Retired) vs. Union of India & Others [1], and ensure that everyone, everywhere in the country shall have the equal opportunity to enjoy their fundamental right of free speech and privacy without facing any challenges.

An Analytical Study of Disability Laws in India vis-à-vis UNCRPD (Disability Laws in India): A Jurisprudential Overview

Ravi Prakash — Tue, 26 Feb 2019 00:00:00 +0000

Disability is a complex issue which is understood and interpreted by different people in very different ways. In most of the societies, a person with physical or intellectual anomalies has been assumed to be inferior, by the very nature of his condition. Therefore, disabled people are subject to varied forms of discriminations, which infringe their human as well as fundamental rights. Indian legislature has taken steps to provide equal opportunities to persons with disabilities by enactment of laws and implementing various policies and schemes for empowerment of persons with disabilities. Indian Constitution guarantees equal rights to every citizen. India is one of the first signatories to UN Convention on the Rights of Persons with Disabilities, which gives a framework to change attitudes and approaches to persons with disabilities. Hence, the rights as well as laws of disabled persons are subject to various perspectives including human rights and other laws in India, which mitigate the gap between the abled and differently abled persons in order to attain their dignity in true sense in the society. In this research paper, the researchers attempt to lay down emphasis on various legal provisions related to the rights of disabled persons in India and make an analytical study as to how these laws contribute towards the legal status of the disabled persons in India. This research paper also tries to make a study of contribution of judiciary in shaping disability laws in India.

ARTICLE 142: A NEED FOR JUDICIAL RESTRAINT

Ashish Srivastava — Mon, 18 Feb 2019 00:00:00 +0000

This research paper attempts to focus on the ?Extraordinary Powers? of the Supreme Court.How it was being used to help the deceased person in those cases where the present existing statutory provisions were inefficient to tackle it but there were several instances in which the court misutilised its power conferred by Article 142 and hence a need for the restraint of this judicial power was felt.This research paper also attempts to give some suggestive measures so as to maintain the balance between the powers conferred to the court by virtue of Article 142 and present existing statutory laws.Various recent case laws pertinent to the topic has also been referred and discussed in detail for better understanding of the main objective of the paper.

The Changing Dimensions of Legal Education System and Its Challenges in India

Malik Fahdul Haq — Tue, 01 Jan 2019 00:00:00 +0000

Creating legal professionals whose training matches the best in the world is an immediate need for a country that is growing by leaps and bounds. With growth and development comes the need to have legally trained professionals who can rise up to the new challenges posed by an ever-growing economy. On the other hand, legal professionals are also needed to advance the cause of social justice in the country. Although social justice was one of the goals of creating a new nation, the nation has still failed its destitute. It was with this experience that NLUs were set up in the country to groom lawyers as social engineers who would rise to the occasion and fill the gap of quality legal education in the country. However, largely there are many other interventions needed to improve the quality of legal research as well as practice in the country. The intervening jurisdiction of both the Bar Council of India as well as the University Grants Commission has also resulted in a lack of centralized planning and vision. Increasing grants for research, attracting well qualified faculty and setting up new research centers are some of the steps that could be taken in this direction.

INDEPENDENCE OF JUDICIARY: AN EPITOME OF‘RULE OF LAW’ IN INDIA

Yash Mittal — Tue, 01 Jan 2019 00:00:00 +0000

The concept of rule of law primarily means that the state is governed, not by the ruler or the nominated representatives but by the rule of law. The Constitution of India is a prime example to be governed by the rule of law, where the constitution is the supreme law and all the pillars of the democracy i.e., legislature, executive and judiciary derive their authority from the constitution. Rule of plays a vital role in a democratic country like India, as the rule of law protects citizens from the arbitrary actions of the state and protect their basic rights. Indian Judiciary being recognized for its impartiality, independence, and justice-oriented approach played a significant role in maintaining rule of law in India, by protecting the rights of the citizens and upholding the constitutional values against the licentious actions of the executive and legislature. But today Independence of the judiciary is under attack with rising interference of the government in its working, the returning of Supreme Court Collegium advice for appointment of Judges by the government, which the government under the constitution has the duty to accept, is expositing stubborn and bellicose attitude of the government. Hence, the author of this article wants to expostulate the underlying importance of the judiciary in maintaining rule of law through the recent altercation between Judiciary and Government over the appointment of Judges in higher judiciary.

The Reason Behind The Degrading Education Quality Of India

Dipika Vyas — Tue, 31 Jul 2018 00:00:00 +0000

It is rightly said that “Education is the most powerful weapon which you can use to change the world” so, to change the face of our country we need to change the education system by amending the reservation policy. The present reservation policy which was then formulated to up lift the minorities is infringing the Fundamental Rights of the citizens as the circumstances does not remain as then and at large minorities are misusing this policy. The country has reached at a stage where the minorities are capable to stand on equal footing with the general category students. Moreover, we need to understand that allotting seat merely on the basis of caste is degrading the quality of the education institution. If at all the policy cannot be repealed, then the reservation criteria needs to be changed in the sense that the percentage cut off must be increased or else the economically weak and meritorious students should reservation instead of getting the reservation on the basis of an individual’ s caste. The research was conducted in order to know the views of the students regarding the policy ways to change the present reservation policy with the help of open ended questionnaire. To which 95% students supported the notion that reservation policy needs to be amended. Therefore, this matter needs to be addressed as an urgent requirement of the hour and the present reservation policy needs to be changed so as to refine the education quality of our country.

CONSTITUTIONAL GOVERNANCE

Niddhi Akhouri — Mon, 28 May 2018 00:00:00 +0000

The core element of constitutional government is, of course, the existence of a "Rule-of Law" or set of “basic laws” that binds both public office-holders and all members of a society (i.e. citizens) within a given territory. Presently most states avail of a constitution, which directs the organization of the state, the relations between the public offices within the state, as well the human and civil rights of the individual. Constitutional governments, however, do not perform in the same manner everywhere. In this contribution, the following aspects are discussed comparatively: (a) The relationship between constitutional features and the existing state format; (b) The key institutions which define the type of government and the relationship between the executive and legislative; (c) The existing systems of "checks and balances" between governments, assemblies and Heads of State, as well as the role of the judiciary; (d) The actual performance of constitutional governance in terms of human and civil rights. Of course, these relations and practices of governance have been developing over time. It is also obvious that there is a strong tendency toward "liberal democracy" (in particular after 1991 when the USSR collapsed as a political system). It is equally clear that the state format, i.e. federal versus unitary states; decentralized versus centralized government, as well as the type of governance, varies considerably across the world of constitutional government.

In this research paper first of all the researcher tries to define Constitution, Governance, Good Governance, elements of Good Governance in depth, then rule of law, Role of judiciary in good Governance,, rule of law and independence of judiciary,. The article also attempts to analyze the concept of constitutional governance, Judicial Governance. Judicial Activism’s role in constitutional governance.

STRUCTURAL REFORMS FOR OVERCOMING DELAYS IN JUSTICE DELIVERY

Om Krishna — Mon, 28 May 2018 00:00:00 +0000

In India Judicial Delay is such a problem which is recognized in 20^th Century only, but taking changes is yet to take place in 2017. Various committees have been set up in past for the recommendations to perform a judicial reform, various judgment has been propounded, various enactments have been take place but the situation of justice delivery system remains same in 2017 as it was in 20^th Century. Indian judiciary system has been suffering from corruption. This paper emphatically analyses some strongest reformation on the Judicial system, which is based on the cardinal principles of fairness, transparency and Human Rights. These principles underlying criminal law, criminal justice system in India and it is utmost necessary to realize that it has failed in attainment of these objectives in reality. The reason in failing to satisfy the basic principles of justice system does not lie in its purposes or objects, but in proper handling and managing. The problem is embedded in the ineffective mechanism and apathetic officials entrusted with its implementation. The main problem before judicial system is delayed disposal of cases – ‘Justice delayed is denial of justice’ is basic principle of criminal law and based on concept of fairness in criminal trial. Paper has categorically mentioned several judicial and statutory mechanism regarding judicial delay and concern for speedy and fair trial. Speedy trial is essential in order to gain public confidence in criminal justice system. Researchers has paid due attention towards several facets of ADR and its application in Indian context. Researchers at several parts of paper have given analytical reviews based on case laws and decisions of federal courts and distinguished jurists. In State of Maharashtra v. Champalal Punjafishah the court observed that: “The right to speedy trial is implicit in the right to fair trial which has been held to be part of the right to the life and liberty guaranteed by Art. 21 of the Constitution of India, 1950. A delayed trial is necessarily an unfair trial if nothing is shown.” For coping the problem of criminality and crime waves it is desirable that guilty person should be punished without any delay. Apart from this interest of society, the question of life and death of accused lies and in addition to this the rights and interests of aggrieved person is no matter less important in criminal cases. For proper administration of justice and tackling the problem of criminality in the society, speedy disposal of cases are very crucial. In India, the right to speedy trial has now been recognized as fundamental right enshrined in Art. 21 of Constitution of India. Authors in this literature have paid much attention on practical facet of judicial administration as they have deliberated strongly with certain ideas like Judgeship Gap, Case Management, deregulating Legal Service Market etc

MINORS IN CONTRACT: AN ANALYSIS OF RULESRELATING TO MINORS IN INDIAN CONTRACT ACT, 1872

Anurag Srivastava — Thu, 24 May 2018 00:00:00 +0000

The Indian Constitution provides many rights to its citizens, as well as has pointed different duties to be performed by the citizens. A MINOR is a person who has not attained the age of majority according to the law to which he/she is subject. This age has been fixed differently by different legal systems at different times, and different ages may be fixed for different purposes by the same legal system at the same time.

The Indian Constitution tries to resolve two conflicting positions of a minor due to his immaturity arising out of his age has to be protected against enforcing unconscionable contracts which he may be led to enter, but a minor like an adult has to have his existence in the world and, therefore, some protection has to be extended even to minor's agreements.

Through this paper researcher will try to find out all the constitutional provision regarding the rulesof Minors in the Indian Contract Act, 1872.

Advisory Opinion of ICJ – an Alternative Dispute Settlement Mechanism under International Law

Bhumesh Verma, Chhaya Bhardwaj — Wed, 09 May 2018 00:00:00 +0000

Alternative but efficient dispute settlement mechanism is conventional under the International Law. International Court of Justice, International Tribunal of the Law of the Sea, Permanent Court of Arbitration and other Arbitration tribunals are the most prominent institutions that facilitate dispute settlement in international law by providing for an inclusive alternative mechanism. ICJ has Advisory jurisdiction over questions submitted to the court under Article 65 of the ICJ Statue. It states that the court may give an advisory opinion on any legal question at the request of body authorized by or in accordance with the Charter of the United Nations.

Alternative dispute resolution [ADR] mechanism is supported because it is cost effective, efficient and efficacious. The foundation of ADR is consensus of the parties to the procedure and outcome of the dispute settlement. Under International law, where lack of implementation always challenges the reality of international law, advisory jurisdiction of international courts ipso facto represent the reality of international law and dispute settlement of International law.

This research paper aims at addressing the following questions-

[1] Whether advisory opinion is an alternative dispute resolution mechanism?

[2] Which international courts and tribunals have advisory opinion jurisdiction? What is the nature and scope of this jurisdiction in each court respectively?

[3] What is the scope of advisory jurisdiction of ICJ?

[4] What has been the role of ICJ in advisory opinions pronounced by it?

[5] What role can the advisory jurisdiction of ICJ play in resolving dispute that may arise in the future?

Right to Live with Dignity:

PRASHANT KUMAR SRIVASTAVA — Wed, 23 May 2018 00:00:00 +0000

Right to live with dignity is an important part of right to life and personal liberty. Apex court of India has recognised is many dimensions through various judgments. Recently on 9^th March 2018, the Supreme Court gave legal sanctity to the living will and euthanasia for people suffering from terminal diseases and reduced to a permanent vegetative state, by ruling that every individual has the right to “die with dignity”.

The object of this research shall be to analyze the right to live with dignity and to touch the various dimensions of the right. The research shall provide a brief overview of the right provided by Indian constitution and its various derivative rights derived by the judiciary.