Posts Tagged: constitution

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).

Constitutional developments

Types of bills in the Indian Parliament

A Bill is a proposal for the legislation which becomes an act or law when duly enacted. Every bill has to pass through stages in each House. The Bills introduced in the Parliament are of two kinds- private bills and public bills. Although all the bills are governed by the same procedure in the House, they can differ in various respects.

Legal

Important Cases of 2021- Part 1

The most important thing for a law student is to be updated with the recent legal happenings and the recent important judgments. Just like 2020, this year as well the courts are hearing and deciding cases virtually after the 2nd wave that happened in India. In this article we will discuss the important judgments & will be talking about the rest of the cases of 2021 in the next article. Let us have a look at the Most Important Cases Part 1-

Criminal Law

Laws Relating to Protection of Animal Rights in India

Human beings often forget that the pain and feelings that the animals have are the same feelings that humans face when they are subjected to the same level of cruelty, abuse and torture. In India, animals are treated as a commodity. Every day, countless dogs, monkeys and other animals are burned, buried, cut open, poisoned, starved and drugged all over the country for economic reasons, convenience and other old habits. It is high time we ask ourselves- Do we have any right to imprison and harm other sentient beings?

Recent Updates

Landmark Judgments of 2020: Must Read for Law Students

The Supreme Court of India has once again proved to be the guardian of justice in the country during one of the most tragic and surprising year as it not only adopted to the online mode by enhancing e-courts programs but also ensured that justice was delivered on time regarding important issues of the country. Let us have a look at the most important cases decided in the year 2020-

Constitutional developments

Do you lose the Right to Privacy when you Die?

From ‘Right to equality’ to ‘Right to Constitutional remedies’. The constitution has provided us with all the rights to safeguard us from the arbitrary actions of different organs of the state. These rights not only let us enjoy our lives thoroughly without any kind of interference, but also establish a stability in the society we live in. But there is one aspect of all these rights, that all of us often ignore, and that is, what all rights would remain with us when all of us would be dead.

Constitutional developments

High Courts in India- History, Jurisdiction, Composition

The High Courts of India are the highest judicial court in a every State and Union Territory. Articles 214 to 237 of the Constitution of India lay down the provisions of the High Courts. Article 214 deals with the establishment of High Courts in every state. High Courts have the power to exercise their original civil and criminal jurisdiction in any case, if the subordinate courts are not approved by the law to take up the matter due to the absence of financial or regional jurisdiction. There is a total of 25 High Courts in India.

Constitutional developments

The Need for Women Judges in the Higher Judiciary

It took almost 39 years for India to have a woman judge in the Supreme Court of India. And by the time India gets its first woman CJI, it would have completed 77 long years as one of the three pillars of Independent & democratic India. So it is high time that while appointing the judges of the High Courts and the Supreme Court, equal representation should be given to the women in the judiciary. The higher judiciary should have a reservation policy for women. When we compare the higher and lower judiciary, we can see that while the lower judiciary has 27% of female judges, the High Courts have only 12% and the Supreme Court has only 4 women judges out of 33. As we reach closer to the top of the judiciary pyramid, we see fewer women representations.

Constitutional developments

What is Public Interest Litigation (PIL)?

The concept of “Public Interest Litigation” has been borrowed from the American Jurisprudence. In the USA, it was designed in the 1960s to provide legal representation to previously unrepresented groups, lie minorities, people from custody, migrant labourers, forced bonded labourers and other backward classes. It was established with the view that the ordinary marketplace for legal services fails to provide fair services to these segments of society.

Constitutional developments

The year to end child labour

When we think of our childhood, the memories are usually associated with learning, going to school and living a carefree life. But, in India, due to the high levels of unemployment and poverty, a significant number of kids are being forced to work in harsh conditions, which is sometimes a threat to their life. Even when child labour laws exist, they are often violated as many state governments allocate very few resources to enforce child labour laws.

Recent Updates

How the British Empire’s Civil Services became the IAS

With the ever-increasing number of aspirants appearing for the civil services examination, it evidently demonstrates the craze of the UPSC examination among the Indian youth. But what is the history behind this most coveted examination? Let us understand in this article!

Recent Updates

Legality of Online Betting and Gambling in India

Gambling has existed in India since times immemorial. With the advancement in technology and the evolution of the internet, the concept of online betting and gambling in India has become an extremely popular mode of entertainment. Online games and lotteries are the new additions to the otherwise offline community of the gambling and betting industry.

Legal

Difference between Bills, Acts, Ordinances, Rules & Regulations

Can we call the Contract Act or Companies Act a "Bill"? Wait! Before you answer, here's something to remember—every Act was once a Bill, but not every Bill becomes an Act. The key difference? Presidential assent. Once a Bill is passed by both Houses of Parliament and signed by the President, it officially becomes an Act and is no longer called a Bill.

Legal

Nani Palkhivala: The Legendary Lawyer

“If a count were to be made of the ten topmost lawyers of the world, I have no doubt that Mr. Palkhivala's name would find a prominent place therein” – H.R.Khanna

Posts Tagged: constitution

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

Types of bills in the Indian Parliament

Important Cases of 2021- Part 1

Laws Relating to Protection of Animal Rights in India

Landmark Judgments of 2020: Must Read for Law Students

Do you lose the Right to Privacy when you Die?

High Courts in India- History, Jurisdiction, Composition

The Need for Women Judges in the Higher Judiciary

What is Public Interest Litigation (PIL)?

The year to end child labour

How the British Empire’s Civil Services became the IAS

Legality of Online Betting and Gambling in India

Difference between Bills, Acts, Ordinances, Rules & Regulations

Nani Palkhivala: The Legendary Lawyer

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