Blogs

The Constitution Bench Of Supreme Court

Feb. 22, 2020 • Architi Batra

Constitution Bench is the bench of the Supreme Court of India which has five or more judges on it to resolve the dispute which involves a substantial question of Law.

RIGHT TO REMAIN SILENT

Feb. 21, 2020 • Madhav Gawri

The right to remain silent means right against self-incrimination when questioned. It is a legal right or legal principle which gives any individual the right to deny for answering the questions before or during a trial, hearing, or any other legal proceedings from court officials or law enforcement officials. The origin of this right is accredited to Sir Coke’s challenge to the ecclesiastical courts and their ex officio oath[1]. This article has tried to study the status of provisions in various countries like the U.S.A., Britain, and India and various cases. The researcher has relied upon the secondary sources of data viz., books (Constitution of India, Dr. J.N. Pandey Constitutional law of India), newspaper, research papers, blogs etc.

[1] Randall, Stephen H. (1955). "Sir Edward Coke and the Privilege against Self-Incrimination." p. 444. South Carolina Law Quarterly. University of South Carolina School of Law.

Conflict Between Fundamental Rights And Personal Laws

Feb. 19, 2020 • Architi Batra

The purpose of this article is to focus on the relationship between personal laws and fundamental rights by explaining the meaning of ‘personal laws’ and the sheer variety of it which makes them applicable to the Indian population. And, therefore there is a need for the Uniform Civil Code. Finally, it discusses the decided cases of Supreme Court where the Fundamental Rights have prevailed over the personal laws of people from different religions and has declared many of their practices unconstitutional.

Populism and Judiciary

Feb. 19, 2020 • Architi Batra

REPRESENTATION OF PEOPLE’S ACT 1951

Feb. 18, 2020 • Madhav Gawri

INTERPRETATION OF MANDATORY AND DIRECTORY PROVISIONS IN STATUTES

Feb. 17, 2020 • Madhav Gawri

The study of numerous cases on the question of interpretation of mandatory and directory provisions in statutes does not lead to formulation of any universal rule except this, that the language alone most often is not decisive, and that the context, subject-matter and object of the statutory provision in question, in determining whether the same is mandatory or directory.

Fundamental Duties As A Major Tool For Protecting The Environment

Feb. 16, 2020 • Architi Batra

It is the obligation of each citizen to safeguard and protect their environment in the same manner nature has taken care of them. The principal articles of the Indian Constitution obligate on each citizen the duty to protect nature as mentioned under Article 51-A(g). Apart from it, there are other provisions in the constitution to protect the environment.

Overview: Basic Structure of the Constitution

Feb. 15, 2020 • Samiksha Gupta

The article focuses on the origin, evolution and development of basic structure theory. It starts with the idea of constitutionalism- what the constitution is and what does it provide for. It leads to the development of the judicial doctrine through various judicial decisions propounded before; each drawing the scope and ambit of the amending power of the Parliament under Article 368 as to whether these are plenary or subject to some restrictions. Drastic changes have been observed from the Apex Court’s initial position in the cases for instance-Shankari Prasad, Sajjan Singh and Golaknath case. Following which, the text explores the monumental verdict of Keshavnanda Bharti case (where for the first time doctrine of Basic Structure was introduced) and its implications.

2030 Sustainable Development Agendas

Feb. 15, 2020 • Architi Batra

These 2030 sustainable development agendas are the goals that need to fulfill before the date and these goals are in the favor of the peace and prosperity of the people and for this planet.

Human Rights And Climate Change

Feb. 15, 2020 • Architi Batra

The post 2nd World War development of Human Rights law begins with the adoption of the U.N Charter that derives the concept of human rights from natural rights. Various principles of Human Rights are as old as the ancient doctrine of “natural rights”. What exactly defines Human Rights, from where it has been borrowed and how it is included in the Indian Constitution? In this context, a prime issue is - Human Rights and Climate Change. How are human rights affected by climate change? All human beings depend on nature to live. A safe, clean and healthy environment is an integral part of the full enjoyment of human rights, which also includes the right to food, life, health, water, and sanitation. Many states have already included the Right to a safe environment in their constitution as a Fundamental Right. Today the concept of climate change is basically related to human rights and it is the most debated topic.

Objectives of the Prevention of Money Laundering Act,2002

Feb. 15, 2020 • Samiksha Gupta

The article outlines the structure of the PMLA, definitions of the offence primarily money laundering with appropriate case laws. Besides current Indian law on the subject, it also briefs about pre-enactment scenario. Following which there is provision of punishment, jurisdiction of adjudication authority and towards the end how India is dealing with the issue at global front and concluding words.

Dying Declaration

Feb. 14, 2020 • Samiksha Gupta

In the law of evidence, a withering presentation is a declaration that would typically be banished as prattle, however may, in custom-based law regardless be conceded as proof in criminal law preliminaries, since it comprised the final expressions of a perishing individual. The method of reasoning is that somebody who is kicking the bucket or accepts passing to be fast approaching would have less motivation to create declaration, and all things considered, the prattle articulation conveys with it some dependability. The article, would be discussing all the issues related to dying declaration.

India’s Diaspora Policy

Feb. 14, 2020 • Samiksha Gupta

Diaspora is one of the emerging issues in the world, which is not a new term in the world. The various strategies have been evolving over the years. And when it comes to recent times, Indian Government has formulated various policies which are further discussed in the article.