Posts Tagged: judiciary

Legal

Judicial Review: Can re-appreciation of evidence be done at the stage of Judicial Review?

Judicial review has been a subject of Courts since the landmark judgement of Kesavananda Bharati v. State of Kerala. But this time, the Supreme Court had to decide whether evidence could be re-appreciated in case of departmental enquiry proceedings in the appellate stage.

Legal

Obscenity Laws in India: Meaning, Punishment & Cases

Obscenity is a contentious subject that often tests the boundaries between freedom of expression and societal morality. In India, obscenity laws play a crucial role in maintaining public order, protecting individuals from offensive content, and upholding societal values. This article delves into the concept of obscenity, explores how it is identified, examines the relevant sections of the Indian Penal Code (IPC) and various laws, and discusses recent instances of obscenity in India.

Legal

Right to Property: Is it a fundamental right?

We Indians have a weird attachment to the word property, don't we? We talk about how rich we would have been if only we bought that property in the early 90s. Our conversation revolves around buying and owning a piece of land or a house, or multiple ones.

Legal

Citizenship Act of India: Meaning, Controversies and Cases

The citizenship law in India has been controversial and debated in recent years, particularly due to the enactment of the Citizenship Amendment Act (CAA) in December 2019. The CAA introduced amendments to the existing citizenship law and sparked widespread protests and concerns.

Legal

Legal events & judgments of May 2023

Welcome to our Monthly Legal Updates, where we provide you with a concise overview of the most significant legal developments in India from the past month.

Legal

World No Tobacco Day 2023: Meghalaya becomes the "Cancer Capital" of India

Meghalaya is the "cancer capital of India" with respect to oesophagal, lung, nose, and throat cancers, says Ram Kumar, Additional Secretary of Health and Family Welfare Department and Mission Director of the National Health Mission, Meghalaya, on the concluding day of a function observing World No Tobacco Day.

Legal

Legislature v. Judiciary: Which is more powerful?

Let us take you back to the 6th Standard, when we all learned about the three branches of the Government: the Legislature, the Executive, and the Judiciary. The Legislature makes the law, the Executive implements it, and the Judiciary interprets it. If you are wondering why we are suddenly teaching you 'civics', please bear with us; we have an explanation!

Legal

Special Marriage Act: What is it?

The Special Marriage Act of 1954 (SMA) in India allows for solemnising marriages between individuals of different religions or castes. It provides a legal framework for interfaith & inter-caste marriages to ensure that such marriages are registered and legally recognised. Under the Special Marriage Act, any two persons:

Legal

G20 Summit: Objectives, Achievements and 2023 India Presidency

The Group of 20 (G20) is an international forum that fosters economic cooperation, held annually under the leadership of a rotating Presidency. The G20 is the premier grouping of the world's largest economies that functions to create certain international standards to deal with the most critical issues. On the horizon of the world economy, the G20's rise is an important development.

Legal

Why SC allowed the controversial practice of Jallikattu in Tamil Nadu?

The Decades old practice of Jallikattu has always been centred around controversies. Both Animal rights organizations and Courts have raised concerns about the cruel treatment of animals and the sport's violent and hazardous nature, which can result in injuries and even death of both the bulls and the participants involved.

Legal

Is Surrogacy Legal in India?

Ever wondered if surrogacy is a big no-no in India? Well, guess what! Shah Rukh Khan's third bundle of joy, AbRam, proves otherwise. How? well...AbRam was born through surrogacy as it is very much legal in India. Are all forms of surrogacy legal though? We will answer that in the coming paragraphs.

Legal

Unlawful Assembly: Meaning and Provision

The more, the merrier is not always the case, especially in unlawful assembly. Be it the recent riots in Manipur or the dreadful time of COVID, when many people gather together, it’s not always a party!

Legal

DPSP: What is the precedence of DPSP over FR?

The government launched Sarva Shiksha Abhiyan to provide elementary education to children, MGNREGA employs rural households, and National Health Mission provides universal access to healthcare services. So, what are these? DPSP in real life wherein the government takes all policies or initiatives for its people. These policies can be brought & implemented only because of the concept of DPSP under the Indian Constitution in Part IV.

Legal

Difference between Kidnapping and Abduction

Kidnapping and abduction are standard plot devices in Indian television serials, often used to create dramatic tension & suspense. These plotlines usually depict power, control, and victimisation, like in "Yeh Rishta Kya Kehlata Hai", "Ishq Mein Marjawan", "Crime Patrol", etc.

Legal

Human Trafficking in India: Know the Laws

Human trafficking is not only a serious concern in India, but it’s a global problem, with millions of people affected every year. However, due to the nature of this crime, it gets difficult to estimate the number of cases in each country accurately. Some of the countries with the highest reported cases of human trafficking are China, Russia, North Korea, Sudan etc.

Legal

Sex workers rights in India: Is prostitution legal?

Despite the hush-hush around this topic, sex work has never been illegal in India. Yes, some related activities are prohibited, like running and managing a brothel. Still, the practice of engaging in sexual activity in return for payment, per se, is not a crime. If you have watched the movie Gangubai Kathiawadi, you might be aware of the struggles of sex workers in India, especially regarding their human rights.

Legal

Anti Defection Law: Is it applicable on Shiv Sena?

Today, the Supreme Court of India (May 11th, 2023) delivered a significant judgment relating to the ongoing political crisis in Maharashtra. Since 2019, this politically active State has been in the news after Shiv Sena, Nationalist Congress Party (NCP), and Indian National Congress (INC) formed an unlikely alliance called Maha Vikas Aghadi.

Legal

Delhi Govt vs. Lieutenant Governor: Everything you need to know

Delhi, the heart of India, has always been at the centre of India's political and administrative discourse as the governance structure of Delhi has been in a long-standing tussle between the Delhi Government- National Capital Territory (NCT) and the Lieutenant Governor (LG), leading to a complex legal battle. The question of power division between the elected government and the Delhi LG was first settled by the Supreme Court in 2018, where the Court ruled in favour of the Government of Delhi.

Judicial Review: Can re-appreciation of evidence be done at the stage of Judicial Review?

Obscenity Laws in India: Meaning, Punishment & Cases

Right to Property: Is it a fundamental right?

Citizenship Act of India: Meaning, Controversies and Cases

Legal events & judgments of May 2023

World No Tobacco Day 2023: Meghalaya becomes the "Cancer Capital" of India

Legislature v. Judiciary: Which is more powerful?

Special Marriage Act: What is it?

G20 Summit: Objectives, Achievements and 2023 India Presidency

Why SC allowed the controversial practice of Jallikattu in Tamil Nadu?

Is Surrogacy Legal in India?

Unlawful Assembly: Meaning and Provision

DPSP: What is the precedence of DPSP over FR?

Difference between Kidnapping and Abduction

Human Trafficking in India: Know the Laws

Sex workers rights in India: Is prostitution legal?

Anti Defection Law: Is it applicable on Shiv Sena?

Delhi Govt vs. Lieutenant Governor: Everything you need to know

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