Blogs
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.
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.
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.
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.
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.
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.
Are laws gradually gaining a female character?
Feb. 14, 2020 • Samiksha Gupta
Are the laws contained in the Constitution really expending women some reasonable empowerment, or are actually just stomping upon the natural right of equality guaranteed to women and men alike?
Land acquired for Railway Projects
Feb. 11, 2020 • Madhav Gawri
Role of Public Prosecutor
Feb. 11, 2020 • Madhav Gawri
Public Prosecutor, an agent of justice in criminal courts
The “Garden Leave” Clause
Feb. 10, 2020 • Madhav Gawri
Polygamy as a crime: Explained.
Feb. 9, 2020 • Samiksha Gupta
Constitutional Basis of the RTI Act, 2005 vis-a-vis the 2019 Amendment
Feb. 9, 2020 • Samiksha Gupta
Survival Of Transgenders In India
Feb. 8, 2020 • Architi Batra
Transgenders are the people whose gender identity is different from our stereotypical gender norms. In recent times, LGBTQ have been recognized by various country and it includes India too. Also, various countries are making efforts to give equal rights to this community and merge them with mainstream society but that isn't where the problems end. But the need for putting in more efforts arises.
Ways to approach the Supreme Court
Feb. 8, 2020 • Samiksha Gupta
Supreme Court, the apex court of India, performs certain legal functions such as interpretation of constitution, public interest litigation, etc. which further provide the powers, rules and responsibilities which in furtherance makes Supreme Court liable to the citizens of the nation.
Gram Nyayalayas or Village Courts
Feb. 8, 2020 • Madhav Gawri
Article 39A of the Constitution of India provides that the State shall ensure that legal aid is not being denied to any citizen because of economic or other disabilities including in villages.
Living Conditions Of Sex Workers In India
Feb. 8, 2020 • Architi Batra
There is a very strong need to treat the sex industry as any other industry and empowering it will legally safeguard the workers, which would help in getting rid of exploitative and unhealthy practices. What is required is a practical approach. Millions of women who enter into this trade do so to feed their families and empowering them will help them be free of the clutches of pimps and brothels owner. The rising number of AIDS cases in India and the number of innocents being forced into the flesh trade is alarming. The time has come for lawmakers to be more serious about this issue. Legalization is the key answer to these problems faced by prostitutes.
Welfare Of The Child Principle Under Indian Laws
Feb. 8, 2020 • Architi Batra
Child welfare refers to the well being of the child or in the best interests of the child in any situation. The courts must ensure a child's well being as part of their fundamental thought when settling on any choice about the child's custody in case of divorce or separation of the child's parents.
Ethical And Legal Challenges In Organ Transplantation
Feb. 7, 2020 • Architi Batra
The law in India regarding Human Organ transplantation ensures the interests and jams the lives of both the donor as well as the beneficiary patient. An issue emerges with regards to the relationship of others with one's body or parts thereof, particularly of one's dead body. The possessory privileges of the dead body, property rights in the human body will be discussed in the article. The moral or ethical issues engaged with self-sacrifice results into a number of logical inconsistencies. Organs transplantation comprises of damage in moral and legitimate terms if the planned utilization of an organ or tissue isn't lawfully and morally worthy.