Intellectual property Laws www.lawtool.net Important Questions Related Intellectual Property Law 1. Define intellectual property. Explain the rationale for its protection of it. 2. What are the legislations covering IPRs in India? Briefly discuss its salient features of it. 3. What is Intellectual Property? State the classification of Intellectual Property 4. What do you mean by Intellectual Property Rights? What are the rationales behind the protection of IPRs? I ntellectual property –Intellectual Property (IP) laws are legal frameworks designed to protect creations of the mind, such as inventions, literary and artistic works, symbols, names, and designs used in commerce. These laws grant creators exclusive rights over their intellectual assets for a specific period, encouraging innovation and creativity while ensuring fair economic benefits. Since the term Intellectual Property is related to the creation of human mind and human intellect, this property is called Intellectual Property. In other words Intellectual Property is the creative work of human intellect. Intellectual Property Right is an invisible/intangible right over the product of human mind such as newly invented product i.e. property of the mind, as opposed to the right over physical goods/tangible goods such as invented goods. Intellectual Property Rights (IPR) can be defined as the rights given to people over the creations of their mind. They generally give the creator an exclusive right over the use of his creations for a certain period of time. Although many of the legal principles governing IP and IPR have evolved over the centuries, the term intellectual property did not come into use until the 8th century and did not become common in most parts of the world until the late 9th century. Intellectual property is sometimes described as 'a good part of knowledge'. The main purpose of its protection is to promote the progress of science and technology, art, literature and other creative works and to encourage and reward creativity. Nations give statutory expression to the economic rights of creators in their creations and the rights of the public in accessing those creations. This is helpful in promoting creativity and in the dissemination and application of its results. The economic and technological development of a nation will stagnate if no protection is given to intellectual property rights. Therefore, the contribution of intellectual property is imperative to the industrial and economic development of a nation. The prosperity achieved by developed countries is, to a large extent, the result of the exploitation of their intellectual property. Intellectual property relates to pieces of information that can be incorporated into tangible objects at the same time in an unlimited number of copies at different places anywhere in the world. The property is not in those copies but in the information reflected in those copies. According to Article 2 (viii) of the Convention Establishing the World Intellectual Property Organization (WIPO) 1967, intellectual property includes rights relating to the following In other words intellectual property relates to pieces of information that can be incorporated into tangible objects at the same time in an unlimited number of copies at different places anywhere in the world. (i) literary, artistic and scientific works; (ii) performance of performing artists, phonograms and broadcasts; (iii) inventions in all fields of human endeavour; (iv) scientific discoveries; (v) industrial designs; (vi) trademarks, service marks and commercial names and designations; (vii) protection against unfair competition; and all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields. Types of Intellectual Property Laws Copyright Protects original works of authorship, such as books, music, films, software, and art. Generally lasts for the creator’s lifetime plus 50–70 years (varies by jurisdiction). Example: A novel or a song is protected from unauthorized reproduction. Patents Grants inventors exclusive rights to use, sell, or license their inventions for a set period (usually 20 years). Encourages technological advancements and innovation. Example: A new drug formula or a unique machine design. Trademarks Protects brand names, logos, slogans, and distinctive symbols that distinguish goods or services. Can last indefinitely if renewed periodically. Example: The Nike "swoosh" logo or the word "Coca-Cola." Trade Secrets Protects confidential business information that provides a competitive advantage. No time limit as long as secrecy is maintained. Example: The formula for Coca-Cola or Google's search algorithm. Industrial Designs Protects the aesthetic aspects of products (e.g., shape, patterns, colors). Usually lasts 10–25 years, depending on the country. Example: The unique design of an iPhone. Geographical Indications (GIs) Protects the name of a product linked to a specific region, emphasizing its unique qualities due to its origin. Example: "Champagne" (only for sparkling wine from the Champagne region of France). International IP Laws and Agreements To ensure global protection, many countries follow international treaties and agreements, such as: World Intellectual Property Organization (WIPO)  – Oversees global IP protection. Berne Convention (1886)  – Standardizes copyright laws across member countries. Patent Cooperation Treaty (PCT)  – Simplifies the patent application process across multiple countries. Madrid System  – Provides a single application process for trademark registration in multiple countries. Trade-Related Aspects of Intellectual Property Rights (TRIPS)  – Sets minimum IP protection standards for WTO members. Characteristic of intellectual property act The Intellectual Property (IP) Act  establishes legal rights and protections for creations of the mind. Its key characteristics include: Exclusive Rights  – Grants creators the sole right to use, reproduce, distribute, and profit from their work for a specified period. Types of Intellectual Property  – Covers various forms, including: Copyright  (literary, artistic, and musical works) Patents  (inventions and innovations) Trademarks  (brand names, logos, symbols) Industrial Designs  (aesthetic aspects of products) Trade Secrets  (confidential business information) Territorial Protection  – IP rights are generally recognized within specific jurisdictions, although international treaties can extend protections globally. Limited Duration  – IP rights are not permanent; they have a time limit (e.g., patents usually last 20 years, copyright lasts for the author’s lifetime plus additional years). Registration Requirement  – Some IP rights (like patents, trademarks, and industrial designs) require official registration for legal protection, while others (like copyright) exist upon creation. Encourages Innovation and Creativity  – Provides incentives for individuals and businesses to develop new ideas and technologies by ensuring they can benefit financially. Legal Enforcement  – Violations (such as copyright infringement or patent theft) can lead to legal consequences, including fines, injunctions, or damages. Moral Rights  – Recognizes the creator’s right to attribution and to prevent unauthorized modifications of their work. Public Domain and Fair Use  – Some works eventually enter the public domain, meaning anyone can use them freely. Certain laws also allow limited use of IP without permission under "fair use" or "fair dealing" principles. Scope of intellectual property right ·Scope of intellectual property right is very wide legal concept as trade mark ,patents ,designs ,as well as copyright ·Legal concept deal in one way protection of the fruits of mans ,s creative efforts Intellectual property is usually divided into two branches : copyright and industrial property. Intellectual property has assumed central importance throughout the world in the recent past. The intellectual property, which was mainly the subject matter of the World Intellectual Property Organization (WIPO) has also become a part of the World Trade Organization (WTO) regime in 1995. The Agreement on Trade-related Aspects of Intellectual Property Rights including Trade in Counterfeit Goods (TRIPs Agreement) of the WTO Treaty evolved minimum standards for the protection of intellectual property for the member states to incorporate in their municipal laws. These rights may be enforced by a court via a lawsuit. The reasoning for intellectual property is to encourage innovation without the fear that a competitor will steal the idea and / or take the credit for it. The intangible nature of intellectual property presents difficulties when compared with traditional property like land or goods. Unlike traditional property, intellectual property is “indivisible” ; an unlimited number of people can “consume” an intellectual good without it being depleted. Additionally, investments in intellectual goods suffer from problems of appropriation ; a landowner can surround their land with a robust fence and hire armed guards to protect it, but a producer of information or an intellectual good can usually do very little to stop their first buyer from replicating it and selling it at a lower price. Balancing rights so that they are strong enough to encourage the creation of intellectual goods but not so strong that they prevent the goods' wide use is the primary focus of modern intellectual property law. What are intellectual property rights? Intellectual property (IP) is a term referring to a brand, invention, design or other kind of creation, which a person or business has legal rights over. Almost all businesses own some form of IP, which could be a business asset. Common types of IP include Copyright – this protects written or published works such as books, songs, films, web content and artistic works; Patents – this protects commercial inventions, for example, a new business product or process; y Designs – this protects designs, such as drawings or computer models; Trade marks – this protects signs, symbols, logos, words or sounds that distinguish your products and services from those of your competitors. IP can be either registered or unregistered. With unregistered IP, you automatically have legal rights over your creation. Unregistered forms of IP include copyright, unregistered design rights, common law trade marks and database rights, confidential information and trade secrets. With registered IP, you will have to apply to an authority, such as the Intellectual Property Office in the UK, to have your rights recognised. If you do not do this, others are free to exploit your creations. Registered forms of IP include patents, registered trade marks and registered design rights. Copyright is also registerable. International considerations India has been a World Trade Organisation (WTO) member since 1995. WTO member nations must include some IP protection in their national laws. This means that if you are doing business with India, you will find some similarity between local IP law and enforcement procedures, and those in force in the UK. Treaties and reciprocal agreements India is also a signatory to the following international IP agreements: the Paris Convention – under this, any person from a signatory state can apply for a patent or trade mark in any other signatory state, and will be given the same enforcement rights and status as a national of that country would be; the Berne Convention – under this, each member state recognises the copyright of authors from other member states in the same way as the copyright of its own nationals; the Madrid Protocol – under this, a person can file a single trade mark application at their national office that will provide protection in multiple countries; the Patent Cooperation Treaty – this is a central system for obtaining a ‘bundle’ of national patent applications in different jurisdictions through a single application.India is not a signatory to the Hague Agreement, which allows the protection of designs in multiple countries through a single filing. Nature of intellectual property ·Territorial ·Giving an exclusive right to owner ·Assignable ·Subject to public policy ·Divisible ·Volatility (resided in the memory of the author ) IP Infringement and Enforcement Violating IP laws can lead to legal consequences such as: Civil lawsuits (fines, damages, or injunctions). Criminal penalties (for counterfeiting or piracy). Business reputation damage. Conclusion Intellectual Property laws balance the rights of creators with public access to innovation. By protecting IP rights, these laws encourage economic growth, creativity, and technological advancements.

The International Day of the Unborn Child  is observed annually on March 25 . It is a day dedicated to recognizing the value and sanctity of unborn children and to raising awareness about the rights of the unborn. The day is often associated with pro-life movements and advocacy for the protection of the unborn from abortion. March 25 is more than just a date on the calendar; it is the International Day of the Unborn Child. This day raises awareness about the rights of the unborn and reinforces the importance of life. In this post, we will explore the history of this day, understand the reasons for its celebration, and discuss its impact on societal views about life before birth. Purpose and Significance: The main objectives of the International Day of the Unborn Child are: Raising Awareness : It aims to raise awareness about the importance of protecting unborn children and promoting their rights. Advocacy for Life : The day is primarily promoted by pro-life organizations to highlight the need for legal protection for the unborn. Respect for Human Life : It encourages people to reflect on the value of human life from conception and the moral and ethical considerations surrounding abortion. Global Reflection : The day provides an opportunity for people across the globe to come together in prayer, reflection, and action in support of the unborn and to promote the dignity of human life. Historical Background: The International Day of the Unborn Child  was established by the International Right to Life Federation . It is observed in several countries, especially those with active pro-life organizations, as a way of advocating for the legal and ethical rights of the unborn child. The date, March 25, was chosen in connection with the Annunciation of the Lord  (celebrated in Christianity), which commemorates the angel Gabriel's announcement to the Virgin Mary that she would conceive and give birth to Jesus Christ. For many, this event represents a profound moment in the sanctity of life, making it a fitting day to advocate for the unborn. The Origins of International Day of the Unborn Child The International Day of the Unborn Child was first proclaimed in 1999 by the Catholic Church. This day aims to recognize the value of life and emphasize the importance of protecting the unborn. The celebration stems from the belief that life begins at conception, creating an opportunity for individuals and organizations to express their views on the importance of life. This day is especially significant within the pro-life movement, focusing on the rights of unborn children. It also encourages constructive conversations about differing viewpoints on this important issue. Global Observance and Activities In various countries, people commemorate the International Day of the Unborn Child through numerous activities and events. These can range from prayer gatherings and public demonstrations to educational workshops. Examples of Observances: Prayer Vigils : In 2022, over 200 prayer vigils took place across North America, uniting thousands to reflect on the meaning of life. Workshops : Educational initiatives, like those organized by local pro-life groups, aim to inform communities about the impacts of abortion, sharing personal stories that underline the value of life. Pro-Life Rallies : Supporters of the pro-life movement often organize rallies, speeches, and educational events to spread awareness about the importance of protecting the unborn. Educational Campaigns : NGOs, community groups, and educational institutions may conduct campaigns, distribute literature, and host discussions about the importance of life from conception. Organizations often run campaigns focused on abortion and reproductive rights to educate the public about these issues. Schools and community centers also host discussions, creating safe spaces for individuals to express their beliefs regarding such a sensitive topic. The Role of Religion in Shaping Perception Religion plays a crucial role in shaping the perception of the unborn child. Many cultures and faith communities center their beliefs around the sanctity of life from the moment of conception. For instance, in Christianity, the International Day of the Unborn Child is observed through prayer and reflection on scripture emphasizing life. These gatherings foster community spirit and underscore the collective responsibility of protecting the unborn. Moreover, faith-based organizations significantly contribute to pro-life advocacy. Many churches provide support for women facing unplanned pregnancies, promoting alternatives to abortion. In the United States, for example, around 1,500 pregnancy resource centers offer assistance to expectant mothers each year. Legal Aspects and Advocacy The International Day of the Unborn Child is closely tied to ongoing legal discussions about reproductive rights. Advocacy groups use this day to promote policies that prioritize the protection of unborn children. This day acts as a focal point for those supporting pro-life legislation. In recent years, at least 16 states in the U.S. have passed laws aiming to restrict abortion access, pushing for regulations that assert the rights of the unborn. Public awareness campaigns are launched during this time to support legislative changes that emphasize the importance of life. Cultural Perspectives on Life Before Birth Cultural attitudes toward the unborn child can differ significantly worldwide. In many cultures, the unborn child is celebrated, with traditions marking pregnancy as a sacred journey. On the other hand, some cultures engage in more heated discussions about the unborn, reflecting varying beliefs about life and choice. The International Day of the Unborn Child serves as a moment for dialogue, encouraging respect for diverse cultural narratives about birth and conception. The Impact of Technology on Perspectives Modern technology has changed how society views unborn children. Advances in ultrasound technology allow for detailed images of developing fetuses, deeply influencing public opinion. For example, studies show that 76% of individuals who see ultrasound images of a fetus are more likely to identify as pro-life. These moving images often stimulate emotional responses, prompting individuals to recognize the reality of life before birth, thus shaping conversations about reproductive rights. A Day of Reflection and Awareness The International Day of the Unborn Child is an important opportunity for reflection and awareness. It encourages everyone to think critically about their beliefs and the societal norms around pregnancy. For many, this day serves as a call to advocate for those who cannot speak for themselves. The focus is on promoting understanding and compassion regarding the complex issues surrounding pregnancy and the unborn. A Call for Understanding As we observe the International Day of the Unborn Child each year on March 25, we are invited to engage in the multifaceted discussions about life before birth. The rich history of this day, along with the various activities and reflections it inspires, creates a platform for awareness and advocacy. While opinions on the rights of the unborn differ, this day fosters open dialogue, promoting understanding and respect across cultural and ideological lines. Ultimately, whether through religious observances, legal advocacy, or personal contemplation, the International Day of the Unborn Child significantly shapes our views and conversations about life itself. Recognizing this day allows us to participate in the ongoing discussion about the rights of the unborn child. A candle symbolizing hope for the unborn on International Day of the Unborn Child.

Water is a vital resource that supports life, agriculture, and industry. As the global population grows, challenges such as water scarcity, pollution, and unequal access to clean water have become more urgent. March 22 is World Water Day, a day that shines a spotlight on these critical issues and calls for immediate action. This blog post explores the significance of World Water Day, the legal frameworks governing water rights in India and globally, and why this day is essential for raising awareness about our most precious resource. The Significance of World Water Day World Water Day, celebrated on March 22, was established by the United Nations in 1993. This day emphasizes the importance of freshwater and promotes sustainable water management practices. Its primary mission is to raise awareness about the global water crisis and encourage responsible use of clean water. Each year introduces a different theme, focusing on urgent water-related challenges. For instance, past themes have addressed issues such as water scarcity in 2017, highlighting that over 2 billion people experience severe water scarcity for at least one month each year. In 2020, the emphasis was on water and climate change , recognizing that climate change threatens access to safe water for millions. World Water Day originated at the 1992 United Nations Conference on Environment and Development in Rio de Janeiro, Brazil. Access to safe drinking water is recognized as a human right, yet many people in developing countries face critical health risks due to a lack of clean water. The Historical Context of World Water Day The concept of designating a day for water began taking shape in the late 20th century amid rising global environmental awareness. The establishment of World Water Day by the United Nations in 1993 marked a significant step in addressing global water concerns. Early Developments Before World Water Day, several notable conferences underscored the importance of water. The 1992 International Conference on Water and the Environment in Dublin introduced the Dublin Principles , which advocate that water is an economic good. These principles emphasize that effective governance structures are essential for sustainable water management. Recent Developments In the last decade, World Water Day has gained recognition worldwide. Each year, governments, NGOs, and international organizations participate in various events to raise awareness. For example, in 2021, the International Water Management Institute launched initiatives focusing on water for climate , enabling communities to adopt better water-saving practices. Water Laws in India: A Comprehensive Overview Water law in India is multifaceted, addressing the use, distribution, and management of water resources across the nation. It comprises various legal frameworks and governing structures that influence how water rights are assigned and managed. The Constitution of India The Constitution of India lays the groundwork for water law. Water is included in the Concurrent List, which allows both the federal government and state governments to legislate on water issues. This dual jurisdiction can often lead to conflicts and complexities in water governance. Major Water Legislation Several key acts govern water resources in India, including: The Indian Easements Act, 1882: This act defines the rights of individuals pertaining to water use on their properties, specifically around natural water sources, determining how residents can utilize nearby rivers or lakes for irrigation. The Water (Prevention and Control of Pollution) Act, 1974: This legislation aims to prevent pollution of water bodies, setting standards for water quality. For instance, it mandates industries to treat wastewater before discharging it into rivers, aiming to improve the overall water quality. The River Boards Act, 1956: This act facilitates collaboration among states in managing inter-state river waters, promoting cooperative governance. The National Water Policy, 2012: This policy emphasizes integrated water resource management, advocating for efficient and sustainable use of water. Judicial Interpretations India's judiciary has played a crucial role in interpreting water rights, particularly through Public Interest Litigations (PILs). The Supreme Court of India has ruled that the right to water is fundamental, directing the state to provide access to clean drinking water. For example, in 2004, the Supreme Court mandated the government to ensure piped water supply to all households, enhancing citizens' access to this essential resource. Water Laws Around the World Countries across the globe have distinct legal frameworks governing water resources, reflecting their social, economic, and environmental contexts. The United States In the U.S., water rights primarily follow two doctrines: Riparian Rights and Prior Appropriation. Riparian Rights, common in the eastern U.S., gives landowners the right to access water from adjacent bodies. In contrast, the Prior Appropriation doctrine, prevalent in the western U.S., operates on a “first in time, first in right” principle, where early users secure priority rights based on their usage. European Union The European Union has implemented directives like the Water Framework Directive (WFD) and the Drinking Water Directive. The WFD promotes sustainable water use by balancing ecological health with socio-economic needs. It mandates member states to achieve good status for all water bodies by 2027, aiming for cleaner and safer water sources across Europe. Australia Australia experiences severe water scarcity, leading to a robust water management system. The Murray-Darling Basin Plan exemplifies a collaborative approach, addressing both environmental and economic needs. It aims to balance water usage among agriculture, urban areas, and environmental conservation, ensuring long-term sustainability. The Global Water Crisis Despite various legal frameworks, the global water crisis continues to escalate. Approximately 2 billion people lack access to safely managed drinking water, while billions more face water scarcity for at least a month each year. Causes of Water Scarcity Population Growth: The world's population has nearly doubled in the past 40 years, creating greater demand for water resources. Climate Change: Altered weather patterns contribute to water shortages. For instance, by 2050, it is estimated that climate change may reduce water availability by 25% in certain regions. Pollution: Industrial and agricultural waste continues to contaminate water supplies. According to the World Health Organization, around 80% of all wastewater is released back into the environment without any treatment, posing severe health risks. Mismanagement: Poor water management practices lead to inefficient usage and significant waste. An estimated 30-50% of treated drinking water is lost through leaks in distribution systems. The Role of International Cooperation Addressing the global water crisis requires collective international efforts. Treaties focusing on shared water resources, technological exchanges, and financial support for sustainable initiatives are crucial. For example, the 1997 UN Watercourses Convention emphasizes the importance of cooperation over shared water resources, facilitating peace and sustainability. The Importance of World Water Day for Legal Professionals World Water Day is a vital reminder for legal professionals to consider the impact of water laws on human rights, environmental sustainability, and economic development. Advocacy and Policy Development Legal experts can shape water policies by supporting laws that promote sustainable water management and equitable distribution. For instance, they can advocate for recognizing water rights for marginalized communities to ensure fair access. Addressing Water Disputes Water-related disputes are common due to competing interests. Legal professionals can facilitate conflict resolution through mediation, promoting dialogue to reach equitable solutions. This approach can help in resolving disputes between farmers and urban residents who compete for limited water resources. Promoting Awareness Attorneys can raise awareness about water rights and conservation practices. Engaging in community education initiatives equips citizens with knowledge about their rights and responsibilities regarding water use. A Call to Action on World Water Day March 22, World Water Day, serves as an essential reminder of the global water crisis and the need for effective discussions on water laws and governance. As we encounter more challenges related to water scarcity and access, it becomes crucial for legal practitioners to advocate for sustainable and equitable water policies. By understanding water law in India and around the world, legal professionals can engage in meaningful policy development, dispute resolution, and public awareness campaigns. Through combined efforts, we can address the water crisis and promote the responsible management of this invaluable resource. A tranquil reflection of trees over still waters. Through dedication and cooperation, we can ensure that future generations enjoy clean, safe, and sustainable water sources, playing an essential part in the global fight for water rights and justice. Message:- World Water Day – March 22 💧🌍 Water is life, yet millions around the world still struggle to access clean and safe water. On this World Water Day, let’s remember: 💙 Every drop counts – use water wisely. 💙 Protect our rivers, lakes, and oceans. 💙 Ensure clean water for future generations. 💙 Support water conservation efforts globally. Water is not just a resource; it is a human right. Let’s work together for a sustainable and water-secure future! 💙💦

GOLAK NATH VS. STATE OF PUNJAB, 1967 ISSUE In this case, the Petitioner Golak Nath and his family claimed in excess of 500 sections of land in Punjab. Be that as it may, during then the state government made an enactment ‘Punjab Securities and Land Tenures Act’ wherein under this Act, Golak Nath and his family were not permitted to keep in excess of 30 sections of land. Along these lines, Golak Nath recorded a writ request under Article 32 of the Indian Constitution testing the legitimacy of the enactment and that his fundamental right to property was being abused. The issue was whether the parliament has the ability to revise the fundamental rights cherished under Part III of the Constitution of India or not. The candidates contended that the parliament had no capacity to alter fundamental rights, while the respondents contended that our constitution was never implied as static and non-adaptable by the constitution-creators. JUDGMENT In this case, the apex court overruled the judgment given if there should arise an occurrence of Sajjan Singh by most of six: five and held that the revision under Article 368 is ‘law’ inside the importance of Article 13(2). It was additionally governed by the Hon’ble court that Legislature detests the ability to revise Part III of the Constitution to remove or compress fundamental rights. The Supreme Court fought that Fundamental Rights are not amendable as expressed under Article 13 and further more expressed that Article 368 gives the technique to correct the Constitution yet doesn’t present on Parliament the ability to revise the Constitution. Golaknath’s dominant part see mirrors the anxiety and vulnerability in their psyches with respect to the then Parliament’s course. Various enactment that had in some affection penetrated crowded’s FR’s have been passed since the 1950 ‘s Parliament by summoning Article 368. The greater part was suspicious that in the event that Sajjan Singh remained the rule that everyone must follow, at that point a period could come when all the FRs received by our Constituent Assembly would be weakened and in the end stifled by corrections. Sajjan Singh and Shankari Prasad overruled this conceivable elimination of FR’s as a primary concern and dreading the possible progress of Democratic India to most of Totalitarian India. Consequently, to check this colourable exercise of intensity and spare Democracy from dictatorial actions of Parliament, the larger part held that Parliament can’t revise Fundamental Rights. GOLAK NATH VS. STATE OF PUNJAB, 1967 GOLAK NATH VS. STATE OF PUNJAB, 1967 ISSUE In this case, the Petitioner Golak Nath and his family claimed in excess of 500 sections of land in Punjab. Be that as it may, during then the state government made an enactment ‘Punjab Securities and Land Tenures Act’ wherein under this Act, Golak Nath and his family were not permitted to keep in excess of 30 sections of land. Along these lines, Golak Nath recorded a writ request under Article 32 of the Indian Constitution testing the legitimacy of the enactment and that his fundamental right to property was being abused. The issue was whether the parliament has the ability to revise the fundamental rights cherished under Part III of the Constitution of India or not. The candidates contended that the parliament had no capacity to alter fundamental rights, while the respondents contended that our constitution was never implied as static and non-adaptable by the constitution-creators. JUDGMENT In this case, the apex court overruled the judgment given if there should arise an occurrence of Sajjan Singh by most of six: five and held that the revision under Article 368 is ‘law’ inside the importance of Article 13(2). It was additionally governed by the Hon’ble court that Legislature detests the ability to revise Part III of the Constitution to remove or compress fundamental rights. The Supreme Court fought that Fundamental Rights are not amendable as expressed under Article 13 and further more expressed that Article 368 gives the technique to correct the Constitution yet doesn’t present on Parliament the ability to revise the Constitution. Golaknath’s dominant part see mirrors the anxiety and vulnerability in their psyches with respect to the then Parliament’s course. Various enactment that had in some affection penetrated crowded’s FR’s have been passed since the 1950 ‘s Parliament by summoning Article 368. The greater part was suspicious that in the event that Sajjan Singh remained the rule that everyone must follow, at that point a period could come when all the FRs received by our Constituent Assembly would be weakened and in the end stifled by corrections. Sajjan Singh and Shankari Prasad overruled this conceivable elimination of FR’s as a primary concern and dreading the possible progress of Democratic India to most of Totalitarian India. Consequently, to check this colourable exercise of intensity and spare Democracy from dictatorial actions of Parliament, the larger part held that Parliament can’t revise Fundamental Rights.

1. This Rule was issued by this Court under Order IV, rule 30 of the Rules of this Court after receipt of a report from the Bombay High Court that that High Court had, by its order made on the 13th October, 1955 in Civil Application No. 1506 of 1955, suspended the respondent from practice as an Advocate of that High Court for a period of one year from the date of the said order. By the rule the respondent has been required to show cause why, in view of the matter specified in the judgment and order of the Bombay High Court referred to above, appropriate action, disciplinary or otherwise, should not be taken against him by this Court. 2. The respondent is an Advocate of some standing in the Bombay High Court and as such was also enrolled as an Advocate of this Court. It appears that in the earlier part of the year 1953 the Advocate was prosecuted before Mr. Sonavane, one of the Presidency Magistrates at Bombay, on a charge of having committed an offence under the Bombay Prohibition Act. The trial lasted from July 1953 to November 1953. On the 18th November, 1953 the Magistrate convicted the Advocate of the offence with which he was charged and sentenced him to rigorous imprisonment for one month and to a fine of Rs. 201 and to rigorous imprisonment of four weeks in default of payment of the fine. The Advocate went up on appeal to the High Court. The High Court on the 24th February, 1954 upheld the conviction but altered the sentence to one of fine of Rs. 1,000 only. 3. In the meantime, on the 25th November, 1953, the trial Magistrate, Mr. Sonavane, made a report to the Registrar (Appellate Side) of the Bombay High Court as to the conduct of the Advocate who appeared in person as the accused before him. On a perusal of that report the Hon'ble the Chief Justice of the Bombay High Court constituted a Tribunal consisting of three members of the Bar Council to enquire into the conduct of the Advocate. The Tribunal issued a summons against the Advocate intimating that it would enquire into his conduct as disclosed in :- (a) the report dated the 25th November, 1953, of Shri T. A. Sonavane, B.A. LL.B., Presidency Magistrate, 18th Court, Girgaum, Bombay, to the Registrar, High Court, Appellate Side, Bombay, regarding Case No. 593/P of 1953 tried by him, and (b) the judgment recorded by the High Court of Judicature at Bombay in Criminal Appeal No. 1532 of 1953 (with Criminal Appeal No. 1564 of 1953) upholding the judgment and order of conviction passed against him by the aforesaid learned Magistrate in the aforesaid case. 4. The proceedings appear to have been somewhat protracted by reason of frequent objections made and petitions filed by the respondent but eventually on or about the 16th March, 1955 the respondent forwarded to the Secretary to the Bar Council Tribunal a copy of a letter addressed by him to the Registrar, High Court, Bombay, and requested the Tribunal to send a report to the High Court in terms of his pleading guilty to the charges leveled against him. He concluded the letter by expressing regret for having wasted the time of the Tribunal. In his letter to the Registrar, the respondent enclosed a separate written apology unconditionally withdrawing his contention that the proceedings before the Tribunal were misconceived in law and admitting that the High Court had full authority in law to refer the matter to the Bar Council Tribunal and further that the statements made by Mr. Sonavane in his report were true except in two respects therein specified. On the 28th March, 1955 the respondent submitted an additional statement clarifying and supplementing his previous apology. Thereupon the Tribunal made a report to the High Court. By this report the Tribunal held, on the respondent's own admission, the allegations in the report of Mr. Sonavane to be proved and recommended that a very serious notice should be taken of the respondent's conduct. As regards the second item in the summons the Tribunal held that the mere conviction of the respondent under the Prohibition Act did not amount to professional or other misconduct under section 10 of the Indian Bar Councils Act and, therefore, found him not guilty of that charge. 5. On a perusal of that report the High Court issued notice to the respondent for final hearing of the matter. The matter came up for final disposal before a Bench consisting of the Chief Justice and Tendolkar, J. on 13th October, 1955. Learned counsel appearing for the respondent offered an unconditional and unqualified apology on behalf of the respondent and pleaded that the ends of justice would be met if the Court only administered a warning to the respondent. After considering the report of the Tribunal the High Court took the view that the misconduct of the respondent was so serious and so grave that a deterrent punishment must be imposed on him. Accordingly, taking everything into consideration, the High Court suspended the respondent from practice for a period of one year from the date of that order. The respondent's application for a certificate of fitness for appeal to this Court having been refused, the respondent filed a petition for special leave to appeal before us. That petition has, however, been dismissed by us. The rule for disciplinary action now remains to be dealt with. 6. In answer to the rule the respondent has filed a petition by way of showing cause. Paragraph 7 of that petition runs as follows :-"7. That the report of the learned Presidency Magistrate, 18th Court, is a highly exaggerated, garbled and manifestly incorrect version of the incidents that occurred during the trial of the case. And looking to the circumstances under which the petitioner was more or less compelled to tender a humiliating apology, this Hon'ble Court be pleased to direct that a proper inquiry be held in the matter by or under the directions of this Hon'ble Court". 7. Appearing in person before us the respondent has contended with a certain amount of vehemence that he had not had any fair deal before the Tribunal, that the Tribunal had no jurisdiction to enter upon the enquiry inasmuch as the misconduct complained of was not committed by him in his capacity as an Advocate, for he appeared in person as the accused in the Prohibition case, that the Tribunal had at one stage held that it had no jurisdiction but had without giving him a hearing gone back on that decision and declined to decide that question in his presence, that the Tribunal failed to formulate any formal charge, that he made an application to the High Court under article 227 for quashing the proceedings for want of jurisdiction but the High Court had rejected that application and declined to give him a certificate of fitness for appeal to this Court and pointed out various other matters which he characterised as showing prejudice and bias on the part of the Tribunal. 8. It was pointed out to the respondent that his application for special leave to appeal from the judgment and order of the High Court having been dismissed we were not, in this Rule, concerned with the proceedings in the Bombay High Court or before the Tribunal of the Bar Council as observed by this Court in In the matter of Mr. G, a Senior Advocate of the Supreme Court . The respondent then fell back upon paragraph 7 of his petition quoted above and asked this Court to hold a fresh enquiry into the matter. From the judgment of the Bombay High Court which is referred to in the Rule issued herein it appears that the respondent had admitted the truth of everything contained in Mr. Sonavane's report except two matters only. In his present petition showing cause he does not, apart from a vague allegation that the report is an exaggerated, garbled and manifestly incorrect version of the incidents that occurred during the trial of the case, refer to and particular statement therein which is exaggerated garbled or incorrect. In view of his unconditional admission of the truth of the statements in the report of Mr. Sonavane we are not prepared to permit him to go back on the same on such vague allegations as are to be found in paragraph 7 of his petition. It is needless for us to emphasise that a person holding the responsible position of an Advocate of a High Court and of this Court cannot be permitted to play with the Court in the way this Advocate has done. He admitted the correctness of the report, confessed his guilt and tendered an unconditional apology evidently in the hope that he would get away with it by merely tendering an apology. Finding that the tactics did not work with the High Court as he expected the same to do, he now wants to charge his tactics by asking for an enquiry which he had himself avoided by means of his admission and apology. This we are not prepared to permit to do. We have carefully gone through the report of Mr. Sonavane and we find ourselves in entire agreement with the High Court when it says that that report makes an extremely sad reading. The conduct of the respondent in the criminal trial was, as pointed out by the High Court, entirely indefensible by any standard. It discloses a continuous and persistent attempt on the part of the respondent to be rude to and contemptuous of the Magistrate, to hold up the trial and to do everything in his power to bring the administration of justice into contempt. Such a conduct, in our opinion, merits severe condemnation. 9. The respondent has drawn our attention to the case of In re Thomas James Wallace ([1866] L.R. 1 P.C. 283), which was followed in In re An Advocate of Benares . We do not conceive that the Privy Council intended to lay down any fixed and rigid rule of law or did anything more than indicate the course which, in the circumstances of that case, it considered to be reasonable, satisfactory and convenient and the Allahabad case simply followed the same. As has been held by a Full Bench of the Bombay High Court in The Advocate-General of Bombay v. Three Advocates ([1934] I.L.R. 59 Bom. 57), the Indian Legislature by using the words "professional or other misconduct" in section 10 of the Indian Bar Councils Act intended to confer on the Court disciplinary jurisdiction to take action in all cases of misconduct whether in a professional or other capacity leaving it to the discretion of Court to take action only in suitable cases. To the like effect is the decision of a Special Bench of the Calcutta High Court in In the matter of an Advocate ([1936] I.L.R. 63 Cal. 867). The pleader concerned in the case of In re a Pleader (I.L.R. [1943] Mad. 459), was certainly not, by shouting slogans in Court, functioning as an Advocate, nevertheless he was dealt with under section 13(f) of the Legal Practitioners Act. Wallace's case (supra) was not a decision on any statutory provision such as we have in the Legal Practitioners Act or the Bar Councils Act. 10. For the reasons stated above and in view of the conduct of the Advocate seen in the light of the surrounding circumstances we are clearly of opinion that the Advocate should, by reason of his having indulged in conduct unworthy of a member of the honourable profession to which he belongs, be suspended from practice for some time. He is an Advocate of this Court and according to a majority decision of this Court he is entitled, under the Supreme Court Advocates (Practice in High Courts) Act, to exercise his profession in all Courts throughout the Union of India. Any suspension for a period less than the period fixed by the Bombay High Court will obviously lead to serious anomaly and inconvenience. We accordingly direct that the Advocate concerned be suspended from practice for a period co-terminous with the period of suspension fixed by the Bombay High Court, namely, up to the 13th October, 1956. Re: D An Advocate Of The Supreme ... vs Unknown on 23 November, 1955 1. This Rule was issued by this Court under Order IV, rule 30 of the Rules of this Court after receipt of a report from the Bombay High Court that that High Court had, by its order made on the 13th October, 1955 in Civil Application No. 1506 of 1955, suspended the respondent from practice as an Advocate of that High Court for a period of one year from the date of the said order. By the rule the respondent has been required to show cause why, in view of the matter specified in the judgment and order of the Bombay High Court referred to above, appropriate action, disciplinary or otherwise, should not be taken against him by this Court. 2. The respondent is an Advocate of some standing in the Bombay High Court and as such was also enrolled as an Advocate of this Court. It appears that in the earlier part of the year 1953 the Advocate was prosecuted before Mr. Sonavane, one of the Presidency Magistrates at Bombay, on a charge of having committed an offence under the Bombay Prohibition Act. The trial lasted from July 1953 to November 1953. On the 18th November, 1953 the Magistrate convicted the Advocate of the offence with which he was charged and sentenced him to rigorous imprisonment for one month and to a fine of Rs. 201 and to rigorous imprisonment of four weeks in default of payment of the fine. The Advocate went up on appeal to the High Court. The High Court on the 24th February, 1954 upheld the conviction but altered the sentence to one of fine of Rs. 1,000 only. 3. In the meantime, on the 25th November, 1953, the trial Magistrate, Mr. Sonavane, made a report to the Registrar (Appellate Side) of the Bombay High Court as to the conduct of the Advocate who appeared in person as the accused before him. On a perusal of that report the Hon'ble the Chief Justice of the Bombay High Court constituted a Tribunal consisting of three members of the Bar Council to enquire into the conduct of the Advocate. The Tribunal issued a summons against the Advocate intimating that it would enquire into his conduct as disclosed in :- (a) the report dated the 25th November, 1953, of Shri T. A. Sonavane, B.A. LL.B., Presidency Magistrate, 18th Court, Girgaum, Bombay, to the Registrar, High Court, Appellate Side, Bombay, regarding Case No. 593/P of 1953 tried by him, and (b) the judgment recorded by the High Court of Judicature at Bombay in Criminal Appeal No. 1532 of 1953 (with Criminal Appeal No. 1564 of 1953) upholding the judgment and order of conviction passed against him by the aforesaid learned Magistrate in the aforesaid case. 4. The proceedings appear to have been somewhat protracted by reason of frequent objections made and petitions filed by the respondent but eventually on or about the 16th March, 1955 the respondent forwarded to the Secretary to the Bar Council Tribunal a copy of a letter addressed by him to the Registrar, High Court, Bombay, and requested the Tribunal to send a report to the High Court in terms of his pleading guilty to the charges leveled against him. He concluded the letter by expressing regret for having wasted the time of the Tribunal. In his letter to the Registrar, the respondent enclosed a separate written apology unconditionally withdrawing his contention that the proceedings before the Tribunal were misconceived in law and admitting that the High Court had full authority in law to refer the matter to the Bar Council Tribunal and further that the statements made by Mr. Sonavane in his report were true except in two respects therein specified. On the 28th March, 1955 the respondent submitted an additional statement clarifying and supplementing his previous apology. Thereupon the Tribunal made a report to the High Court. By this report the Tribunal held, on the respondent's own admission, the allegations in the report of Mr. Sonavane to be proved and recommended that a very serious notice should be taken of the respondent's conduct. As regards the second item in the summons the Tribunal held that the mere conviction of the respondent under the Prohibition Act did not amount to professional or other misconduct under section 10 of the Indian Bar Councils Act and, therefore, found him not guilty of that charge. 5. On a perusal of that report the High Court issued notice to the respondent for final hearing of the matter. The matter came up for final disposal before a Bench consisting of the Chief Justice and Tendolkar, J. on 13th October, 1955. Learned counsel appearing for the respondent offered an unconditional and unqualified apology on behalf of the respondent and pleaded that the ends of justice would be met if the Court only administered a warning to the respondent. After considering the report of the Tribunal the High Court took the view that the misconduct of the respondent was so serious and so grave that a deterrent punishment must be imposed on him. Accordingly, taking everything into consideration, the High Court suspended the respondent from practice for a period of one year from the date of that order. The respondent's application for a certificate of fitness for appeal to this Court having been refused, the respondent filed a petition for special leave to appeal before us. That petition has, however, been dismissed by us. The rule for disciplinary action now remains to be dealt with. 6. In answer to the rule the respondent has filed a petition by way of showing cause. Paragraph 7 of that petition runs as follows :-"7. That the report of the learned Presidency Magistrate, 18th Court, is a highly exaggerated, garbled and manifestly incorrect version of the incidents that occurred during the trial of the case. And looking to the circumstances under which the petitioner was more or less compelled to tender a humiliating apology, this Hon'ble Court be pleased to direct that a proper inquiry be held in the matter by or under the directions of this Hon'ble Court". 7. Appearing in person before us the respondent has contended with a certain amount of vehemence that he had not had any fair deal before the Tribunal, that the Tribunal had no jurisdiction to enter upon the enquiry inasmuch as the misconduct complained of was not committed by him in his capacity as an Advocate, for he appeared in person as the accused in the Prohibition case, that the Tribunal had at one stage held that it had no jurisdiction but had without giving him a hearing gone back on that decision and declined to decide that question in his presence, that the Tribunal failed to formulate any formal charge, that he made an application to the High Court under article 227 for quashing the proceedings for want of jurisdiction but the High Court had rejected that application and declined to give him a certificate of fitness for appeal to this Court and pointed out various other matters which he characterised as showing prejudice and bias on the part of the Tribunal. 8. It was pointed out to the respondent that his application for special leave to appeal from the judgment and order of the High Court having been dismissed we were not, in this Rule, concerned with the proceedings in the Bombay High Court or before the Tribunal of the Bar Council as observed by this Court in In the matter of Mr. G, a Senior Advocate of the Supreme Court . The respondent then fell back upon paragraph 7 of his petition quoted above and asked this Court to hold a fresh enquiry into the matter. From the judgment of the Bombay High Court which is referred to in the Rule issued herein it appears that the respondent had admitted the truth of everything contained in Mr. Sonavane's report except two matters only. In his present petition showing cause he does not, apart from a vague allegation that the report is an exaggerated, garbled and manifestly incorrect version of the incidents that occurred during the trial of the case, refer to and particular statement therein which is exaggerated garbled or incorrect. In view of his unconditional admission of the truth of the statements in the report of Mr. Sonavane we are not prepared to permit him to go back on the same on such vague allegations as are to be found in paragraph 7 of his petition. It is needless for us to emphasise that a person holding the responsible position of an Advocate of a High Court and of this Court cannot be permitted to play with the Court in the way this Advocate has done. He admitted the correctness of the report, confessed his guilt and tendered an unconditional apology evidently in the hope that he would get away with it by merely tendering an apology. Finding that the tactics did not work with the High Court as he expected the same to do, he now wants to charge his tactics by asking for an enquiry which he had himself avoided by means of his admission and apology. This we are not prepared to permit to do. We have carefully gone through the report of Mr. Sonavane and we find ourselves in entire agreement with the High Court when it says that that report makes an extremely sad reading. The conduct of the respondent in the criminal trial was, as pointed out by the High Court, entirely indefensible by any standard. It discloses a continuous and persistent attempt on the part of the respondent to be rude to and contemptuous of the Magistrate, to hold up the trial and to do everything in his power to bring the administration of justice into contempt. Such a conduct, in our opinion, merits severe condemnation. 9. The respondent has drawn our attention to the case of In re Thomas James Wallace ([1866] L.R. 1 P.C. 283), which was followed in In re An Advocate of Benares . We do not conceive that the Privy Council intended to lay down any fixed and rigid rule of law or did anything more than indicate the course which, in the circumstances of that case, it considered to be reasonable, satisfactory and convenient and the Allahabad case simply followed the same. As has been held by a Full Bench of the Bombay High Court in The Advocate-General of Bombay v. Three Advocates ([1934] I.L.R. 59 Bom. 57), the Indian Legislature by using the words "professional or other misconduct" in section 10 of the Indian Bar Councils Act intended to confer on the Court disciplinary jurisdiction to take action in all cases of misconduct whether in a professional or other capacity leaving it to the discretion of Court to take action only in suitable cases. To the like effect is the decision of a Special Bench of the Calcutta High Court in In the matter of an Advocate ([1936] I.L.R. 63 Cal. 867). The pleader concerned in the case of In re a Pleader (I.L.R. [1943] Mad. 459), was certainly not, by shouting slogans in Court, functioning as an Advocate, nevertheless he was dealt with under section 13(f) of the Legal Practitioners Act. Wallace's case (supra) was not a decision on any statutory provision such as we have in the Legal Practitioners Act or the Bar Councils Act. 10. For the reasons stated above and in view of the conduct of the Advocate seen in the light of the surrounding circumstances we are clearly of opinion that the Advocate should, by reason of his having indulged in conduct unworthy of a member of the honourable profession to which he belongs, be suspended from practice for some time. He is an Advocate of this Court and according to a majority decision of this Court he is entitled, under the Supreme Court Advocates (Practice in High Courts) Act, to exercise his profession in all Courts throughout the Union of India. Any suspension for a period less than the period fixed by the Bombay High Court will obviously lead to serious anomaly and inconvenience. We accordingly direct that the Advocate concerned be suspended from practice for a period co-terminous with the period of suspension fixed by the Bombay High Court, namely, up to the 13th October, 1956.

A preamble is an introductory and expression statement in a document that explains the document's purpose and underlying philosophy. When applied to the opening paragraphs of a statute, it may recite historical facts pertinent to the subject of the statute. It is distinct from the long title or enacting formula of a law. ARGENTINA 1/1 The Constitution establishes a Bill of Rights and Guarantees for all individuals, Argentine or foreign; the inviolability of the right of life, liberty, equality, security and property. The second chapter, added in 1994, deals with public ethics, political rights, environmental protection and consumer rights. ARGENTINA We, the representatives of the people of the Argentine Nation, gathered in General Constituent Assembly the will and election of the Provinces which compose it, in fulfillment of pre-existing pacts, in order to m a national union, guarantee justice, secure domestic peace, provide for the common defense, promote general welfare and secure the blessings of liberty to ourselves, to our posterity, and to all men of the world who wish to dwell on argentine soil: invoking the protection of God, source of all reason and justice: o ordain, decree, and establish this Constitution for the Argentine Nation.