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Showing posts with the label Constitution

What Do You Mean By Judgement

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Meaning of Judgement : Judgement means the observation and decision of court of law in respect of a particular case after conclusion of a trial. Content of Judgement : Every Judgement - Shall be written in the language of the court. Shall contain the point or points for determination, the decision there on and the reason for the decision. Shall specify the offence of which and section of The Indian Penal Code, 1860 or other law under which the accused is convicted and the punishment to which he is sentenced. If the Judgement is of acquittal, it shall state the offence, of which the accused is acquitted and direct that he be set at liberty section 354(1). Object : The object should be to protect the society and to deter the criminal in achieving the avowed object of law by imposing appropriate sentence. The social impact of the crime like where its relates to offences against woman, kidnapping and other offences involving moral delinquency which have great impact on s...

Our Government

The government of our country has three arms, or parts. One arm makes laws. It is called the legislature. The second arm runs runs the country according to these laws. This arm is called the executive. And the third arm makes sure that everything actually happens according to the law. This arm is called the judiciary. This is true of the State Governments as well. The Union Legislature :- To legislate means to make laws. The union legislature, or the law-making body for the whole country, is the parliament. It has two houses or parts - the Lok Sabha and Rajya Sabha. The president, whose signature is needed for all laws, is also a part of the legislature. The Lok Sabha The members of the Lok Sabha are elected by the people of the country during the general elections. Any Indian who is 18 or older can vote is these elections. The general elections are held every five years. For the elections, the country is divided into many areas called constituencies. The people of each co...

Our Indian Constitution

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. The rules or laws according to which a country is governed form its Constitution. Having a Constitution is a way of making sure that those who govern a country do not do just what they please. Any decision they take must follow the Constitution. The Writing of Our Indian Constitution :- Just before we gained independence, the people elected a body called the Constituent Assembly, and gave in the task of discussing and deciding upon our Constitution. The Constituent Assembly them formed a committee was headed by Dr Bhimrao Ambedkar. It studied the constitutions of many countries and came up with one that would suit us. The Constitution prepared by the committee was discussed and approved by the Constituent Assembly. It finally became our Constitution on 26 January 1950. We say we adopted our Constitution on this day, which we call our Republic Day. A Few Things About Our Constitution :- Our Constitution is the longest written Constitution in the world. It expl...

Important Features of PIL(Public Interest Litigation)

Through the mechanism of PIL, the courts seek to protect human rights in the following ways :- 1) By creating a new regime of human rights by expanding the meaning of fundamental right to equality, life and personal liberty :- In this process, the right to speedy trial, free legal aid, dignity, means and livelihood, education, housing, medical care, clean environment, right against torture, sexual harassment, solitary confinement, bondage and servitude, exploitation and so on emerge as human rights. These new reconceptualised rights provide legal resources to activete the courts for their enforcement through PIL. 2) By democratization of access of justice :- This is done by relaxing the traditional rule of locus standi. Any public spirited citizen or socila action group can approach the court on behalf of the oppressed classes. Courts attention can be drawn even by writing a letter or sending a telegram. This has been called epistolary Jurisdiction. 3) By fashioning new ki...

High Court

Introduction :- In the Indian single integrated judicial system, the High Court operate below the Supreme Court but above the subordinate court. The High Court occupies the top position in the judicial administration of a state. The institution of High Court originated in India in 1862 when the High Court were set up at Calcutta, Bombay and Madras. The Constitution of India provide for a High Court for each state. At present there are 24 High Court in the country. Article 214 to 231 in part - vi of the Constitution deal with the organisation, independence, jurisdiction, powers, procedures and so on of the High Court. Organisation of High Court :- Every High Court(whether exclusive or common) consists of a Chief Justice and other judges as the President may from time to time deem necessary to appoint. Accordingly, the President determines the strength of a High Court from time to time depending up on its workload. Judge :-  Appointment of judge :- The judge of a High ...

Qualifications, Appointment, Tenure & Removal of Supreme Court Judges

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Qualifications, Appointment, Tenure & Removal of Supreme Court Judges Article 124 of the Indian Constitution provides for the establishment and constitution of Supreme Court of India, which is the apex court of India. It was established on 28th January, 1950 that is two days after the commencement of the Constitution. Article 124(1) - "There shall be a Supreme Court of India consisting of a chief Justice of India and, until Parliament by law prescribes a large number, of not more than seven other Judges." The Parliament is competent to increase the number of judges if it deems necessary. To begin with, besides the Chief Justice, there were only seven Judges. The Parliament has increased the number of Judges from time to time. As in 2014, there are 29 judges besides the Chief Justice who is also called the Chief Justice of India. The sanctioned strength of the judges is 31, consisting of the Chief Justice and 30 other Judges. Appointment of Judges :- ...

Fundamental Duties

INTRODUCTION:- Prior to the 42th amendment of the constitution which came into force on 1st February,1977,there was no provision in the constitution dealing with the fundamental duties of a citizen.This article for the first time specifies a code of ten fundamental duties for citizens.Article 51A says that it shall be the duty of every citizen of India.                               1)To abide by constitution and respect its deal and institutions the national flag and national anthem.                                                                              2)To cherish and fo...

Public Interest Litigation (PIL)

ORIGIN :-  Roman law,"Actio popularis" which permits anyone in society to initiate an action for public in the court of law.                                       GENERAL MEANING: - PIL is a litigation which a selfless citizen and an organisation having no personal motive of any kind except either compassion for the weak and disabled or deep concern for stopping serious public injury approaches the court either for-----                              1)Enforcement of fundamental rights of those who genuinely do not have adequate means of access to the judicial system. or                       ...

Writ Jurisdiction

Writ Jurisdiction Introduction :-  In common law writ is a formal written order issue by a body with administrative or judicial jurisdiction.  Writ filed in High Court as well as Supreme Court. In High Court, writ can file  under Article 226 of the Indian constitution. In Supreme Court, wtit can file under Article 32 of the Indian constitution. Various forms of the Writ:- 1. Write of Habeas Corpus. 2. Write of Quo Warranto. 3. Write of Mandamus. 4. Write of the Certiorari.  5. Write of Prohibition. Write of Habeas Corpus :- The Latin term Habeas Corpus means 'you must have the body' and a Writ for securing the liberty was called Habeas Corpus. This Writ is issued by the court which directs the authority or the government body which has detained the person to present him in front of the court so that a proper justice could be imparted to that person. Ground for the issue of this Writ:- This Writ is basically issued by the ...

Fundamental Right in India

Fundamental right are the basic right of the common people who enjoy it under the charter of right contained in part-iii (Article 12-35) of Constitution of India. It guarantees all Indians can lead their lives in peace and harmony as citizens of India. There have six fundamental right for Indian citizens, are as follows:- 1)   Right to Equality. 2)   Right to Freedom. 3)   Right Against Exploitation. 4)   Right to Freedom of Religion. 5)   Cultural and Educational Right. 6)   Right to Constitutional Remedies. The Right to Equality include Equality before Law. Right to Freedom include Freedom of Speech expression, movement, assembly, residence, right to life and liberty. The Right Against Exploitation prohibit all form of force labour, child labour, trafficking of human being. Right to Freedom of Religion include freedom of Profession, practice, religious affairs. Cultural and Educational right deals the right ...