Posts Tagged: constitution

Recent Updates

Rights of Daughters in Father's Property

Wondering if daughters have a right to inherit property? Or Are daughter’s coparceners in father’s ancestral property like sons? In India, daughters' rights on their father’s property have always been in controversy and even after several judgments, dilemmas on the same haven’t been resolved whether it’s the landmark case of Vineeta Sharma or any other. It’s a known fact that women have always been treated inferior to men, both in terms of inheritance rights and the capacity to hold property independently and many restrictions were imposed on both inheritance and woman’s property rights in our country.

Legal

Marital Rape Laws in India

Does a woman or man lose their degree of sexual autonomy after marriage? Hon’ble Justice DY Chandarchud took a stand in the negative on the Right to say “no” (to sex) after marriage. It is generally believed that either of the spouses must ensure each other’s approval on sexual intercourse after marriage but in ancient India, marital rape was not even accepted as an issue. The primary reason behind this mentality was the patriarchal framework of Indian society and that women were considered a ‘property’ or a ‘chattel’ of their husbands. This does sound orthodox! However, in present India, courts are taking up cases based on this issue although India is among the 36 countries where marital rape is not yet criminalized, unlike 150 other countries. Read this article to know about the pros and cons of criminalizing marital rape and judicial precedents!

Legal

Can Government Employees Trade in the Stock Market?

A question that a lot of our patrons have is, "Can Government employees trade in the stock market?" Well, to simply put it, Government employees cannot trade in the stock market. Because trading is not the same as investing. Government employees can invest in the stock market, subject to certain restrictions.

Constitutional developments

Is The ‘Right To Be Forgotten’ a Fundamental Right?

Almost all of us have had some embarrassing moments in our lives and we all have made mistakes that we are not very proud of. Many of us learn and change. But what if the world refuses to accept our evolution. This is what the concept of Right to be Forgotten is all about.

Constitutional developments

Right against Sexual Harassment –A Fundamental Right

According to the recent report of the National Crime Records Bureau on Crime in India, there were 17,003 total reported cases of sexual harassment in the year 2020. Despite the pandemic and with most people working from home, still, 485 incidents of sexual harassment at the workplace were reported. Further, a study shows that male suicides are 4 times more than female suicides at a workplace. Thus, any person can be subjected to this shameful act, as it is not just a crime against the body, but it is a crime against the soul.

Legal

Important Cases of 2021- Part 2

When we talk about law school examinations or any competitive exam in which law-related questions are asked, recent Judgements play a very important role. Therefore in continuation with the last article, in this blog, we will be talking about the rest of the important cases of the year 2021.

Recent Updates

Raising legal marriage age for women

An Indian wedding is gradually becoming a way for people to show off their social status, all ‘courtesy to Bollywood’. As shocking as it might sound, but Indian parents usually spend more on lavish weddings and dowry than on education, especially in case of daughters, who are married at an early age sacrificing their education due to societal and peer pressure. But don’t you agree that even a thought like this must be considered as “ridiculous as drinking poison to satiate one’s thirst?”

Constitutional developments

How a bill is passed in India?

"Parliament has been my temple, Constitution my holy book 📖", as once said by Ex-President Pranab Mukherjee in his last address to the nation. Well! All we can say is that in the Indian democracy, Parliament is indeed a temple and the Constitution a sacred textbook. It is obvious that the role of the Indian Parliament is underestimated, but it plays a very significant role in the country’s legislative process by way of enactments.

Recent Updates

What are Zero Hour and Question Hour in the Parliament

The Winter Session of the Parliament started on a stormy note, with a lot of debates and protests going on in both the Houses regarding the controversial bills being passed. As we all know that the basic essence of the Indian Parliament is to make laws for its citizens and all legislative proposals have to be introduced in the form of bills before the Parliament. Therefore a bill is nothing but a statute in draft and it cannot become a law unless it has received the approval of both the Houses of Parliament and assent of the President of India.

Recent Updates

Upcoming Bills in Winter Session of Parliament 2021

Winter is here. And so is the Winter Session of the Indian Parliament! This time it is scheduled from 29th November, 2021 to 23rd December, 2021 with special adherence to COVID- 19 protocols. This date is nowadays approved by the Cabinet Committee on Parliamentary Affairs. In this Session, there will be 20 working days (i.e. 20 sittings). Every day there will be one hour of Question Hour and one hour dedicate to Zero Hour by both Houses of Parliament. Last year, the winter session could not be held due to the pandemic. The last three Parliamentary session were also curtailed due to the COVID scare.

Constitutional developments

How to Repeal Laws in India?

Many amongst us are almost familiar with the law-making process in India wherein a bill is passed by both the Houses of Parliament and then it is sent to the president for assent. But what about its repeal? Only a few would have the idea as to repeal or nullification of the laws in India. Around 58 Acts have been repealed by far. As we have seen that after a lot of resistance from the farmers; PM Modi on the auspicious occasion of Guru Nanak Jayanti addressed the nation that the government will repeal the three new farm laws in the upcoming Winter session of Parliament despite constant efforts made by the Government to convince the farmers on the benefits of the farm laws. Now, the word “repeal” here means to withdraw, annul or revoke any Act of Parliament. But why & how? To know these, read this article.

Constitutional developments

Why India Needs a Separate Law for Honor Killing?

Attaining a happy ending is yet a euphoria for inter-caste marriage couples in India. Hundreds of cases of barbaric slaughter of such couples come across every year in the country. This practice of honour killing still subsists even in the dire times of covid-19 pandemic, with the latest case being murder of a 24 year-old in Tamil Nadu by his father-in-law and brother-in-law for marrying an upper caste girl. Regardless of the fact that these offences are neither new nor on the decline in India, there exists no separate legislation against them. There is a thread of causes as to the need of a distinct legislation for acts of honour killing in order to tackle the situation better.

Legal

How to read a case citation?

Whenever an individual searches for a case name, along with the case name one also finds certain letters and numbers suffixed to it. These combinations of numbers and letters after the party names are known as citations for the case laws being referred to. Reading Judgments for a Student is inevitable while in law school and often students don’t know how to look up to a case with citation.

Legal

How to become an Advocate in India?

India has a humongous judicial system which consists of more than 20 lakh of lawyers. In India when a freshly graduated law student aspires to be an advocate he or she has to go through a tedious process with the Bar Council of India. The Bar Council of India (“BCI”) is a widely recognised statutory agency that oversees the country's legal system, as established under the Advocates Act of 1961 (“The Act”) with the goal of establishing professional standards of behaviour as well as overseeing the operations of all other State Bar Councils (“SBC”). BCI is a separate legal entity that reports to the Ministry of Law and Justice of the Indian government. Due to it being a corporate organisation with a seal and everlasting succession over both movable and immovable assets, it can sue anybody who infringes on it or be sued for its acts.

Criminal Law

Why is Marital Rape still not a crime in India?

While practically every nation in the world recognises unwanted sexual contact between a husband and a wife as a crime, India yet remains to be one of thirty-six nations that has yet to prosecute marital rape. It is a socially accepted norm that after engaging in a marital relation, a wife is considered to give her husband eternal agreement to have sexual relations with her. This makes it highly essential to bring out changes in the marital laws of nations worldwide in order to establish rule of equality and maintain order of justice, especially in a “Nation of Goddesses” like India.

Constitutional developments

Is Abortion Legal in India?

Abortion is among the few matters which have been inculcated in discussions among both national and international organisations. The whole saga revolves around the dilemma of whether the right to termination of pregnancy of a woman supersedes the right to life of an unborn foetus or child. The right to life has been recognised as a very crucial aspect of the Indian Constitution as per the provisions of Article 21.

Constitutional developments

Is there a Fundamental Right to Drink Liquor?

Liquor is an inseparable part of the vast majority in India. Consumption of liquor amounted to 5.4 billion liters in 2016 which was expected to go up to 6.5 billion liters by 2020. It is a matter of lifestyle and choice for individuals, irrespective of the fact if it's a healthy choice or not. This leads to a question in any common citizen's mind about whether he has the fundamental right to consume liquor or not and whether the State Government absolutely banning liquor in their territory is backed by authority and justification or not.

Constitutional developments

Unfolding the OBC Act, 2021

On 10th August 2021, the Monsoon Session of Lok Sabha cleared and introduced the 127th Constitutional Amendment Bill relating to the restoration of the power of identification of OBC class to the State Authorities. This Bill, which has been unanimously supported, aims at providing clarifications to a few provisions introduced in the 102nd Constitutional Amendment Bill (102nd Bill).

Posts Tagged: constitution

Rights of Daughters in Father's Property

Marital Rape Laws in India

Can Government Employees Trade in the Stock Market?

Is The ‘Right To Be Forgotten’ a Fundamental Right?

Right against Sexual Harassment –A Fundamental Right

Important Cases of 2021- Part 2

Raising legal marriage age for women

How a bill is passed in India?

What are Zero Hour and Question Hour in the Parliament

Upcoming Bills in Winter Session of Parliament 2021

How to Repeal Laws in India?

Why India Needs a Separate Law for Honor Killing?

How to read a case citation?

How to become an Advocate in India?

Why is Marital Rape still not a crime in India?

Is Abortion Legal in India?

Is there a Fundamental Right to Drink Liquor?

Unfolding the OBC Act, 2021

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