Search
Result
444 items found for ""
- DISCHARGE OF SURETY
DISCHARGE OF SURETY www.lawtool.net Discharge of surety : The general rule is that "the liability of the surety is coextensive with that of the principal debtor". However, the surety's liability is only secondary and he becomes liable only when the principal debtor fails to pay. In regard to the discharge of a surety, provisions, are made to protect the interests of the surety. The general principle is that the "discharge of the debtor, automatically discharges the surety". Variation : Any variation made, without surety's consent, in the terms of the contract, discharges the surety in respect of all subsequent transactions. A is a surety to C for B's conduct in C's Bank. Later B and C contract, without A's consent, to raise B's salary and B's liability in case of overdraft loses. Held, that 'A' was discharged. Polak V Everett, Homes V Brunkskill are the leading cases. The reason for this rule is that the variation is done behind the back of the surety. Release of Principal Debtor : If by a contract, between the principal debtor and the creditor the Principal debtor is released by act or omission the surety is also discharged. A contracts with B for Rs.50,000/- to build a house for B within a stipulated time. C is the surety. B is to supply the necessary timber. B omits to ; supply. C is discharged. Discharge by granting time : If the creditor, under a contract, agrees for a compromise or to grant time or not to sue the principal debtor, then the surety is discharged. The exception is that if the surety accepts to such a contract, he becomes liable and is not discharged. If a contract to give time to the principal debtor is made by the creditor with a third person, the surety is not discharged. Mere forbearance to sue will not discharge the surety. A owes to C, a debt and S is the surety. The debt becomes payable. C does not sue A, when the debt became payable. S is not discharged from liability. Co-sureties : Release of one of the sureties will not discharge the others from their liability. They are also not discharged inter se. Discharge by impairing surety's right: When the creditor does any act inconsistent with surety's rights, or omits to do any act which was his duty to do, and, the eventual remedy to the surety is impaired thereby, then the surety is discharged. Rights of surety : The surety has certain rights against the principal debtor, the creditor and the co-sureties. 1. Rights against principal debtor : (i) Right of Subrogation (Sn. 140). The surety gets the right of subrogation on payment of amounts or performance of a duty.He actually steps into the shoes of the principal debtor and hence becomes vested with all the rights and remedies which the creditor had against the principal debtor. The question is whether the surety should pay all that is due, or may sue the principal debtor even before so paying. In a Calcutta Case (Ghose's case), the high court, held that if the principal debtor was disposing of his properties, with the ultimate obective of defeating the rights of the surety, an induction may be issued not to dispose of the properties. ii) Right to indemnity (Sn. 145) : In every contract of Guarantee there is an implied promise by the principal debtor to indemnify the surety. Hence the surety is entitled to all the moneys he has rightfully paid. But he is not entitled, if he has paid wrongfully e.g. (a) C is the Creditor to P. S is the surety. C sues A and recovers the debt amount, interest and court costs. S can recover not only the debt and interest amounts, but also court costs from P, as the court costs are rightfully paid. (b) S stands as surety for supply of rice valued Rs. 20,000 by C to P. C supplies less quantity for Rs. 12000/- but recovers Rs. 20,000 from S. S can recover from P only Rs. 12,000 but not the balance as he has paid it wrongfully. 2. Right against creditor : (i) When the surety pays off to the creditor he gets into the shoes of the creditor, and, becomes entitled to the benefit of all those securities, which the creditor was entitled to, against the principal debtor. The surety may or may not know the existence of such securities. In Forbes V Jackson, P borrowed £ 200 from C on his life insurance policy and a mortgage. S stood as surety. P borrowed further sums on the same securities, but without knowledge of S. P. failed. S paid £ 200 and claimed both securities insurance policy and mortgage. Held, S was entitled to both. The surety may claim reduction or set-off if the principal debtor had such rights against the creditor. 3. Rights against Co-sureties : (i) Release of one surety; Sn. 138. Release of one surety will not discharge the other Co-sureties. Further such a surety is not freed from the liability to other sureties. (ii) Right to contribution : B contracts to build a ship for C for a fixed sum to be paid in instalments. A is the surety. C without A's knowledge pays two advance instalments. A is discharged. (iii) Contribution or Liability of sureties among themselves :- In respect of liability of sureties among themselves, Sns. 146 and 147 have laid down the rules. According to Sn. 146 where sureties are bound jointly and severally, they become liable to each other for an equal share or for that part which remains unpaid. Hence, they are to contribute equally. A, B and C are sureties for Rs.3,000/- D is the debtor. D makesdefault. Hence, A, B and C are liable for Rs.3000/- In regard to the extent of liability, the above section makes it clear that they are to contribute equally. Hence, A, B and C are to pay Rs. 1,000/- each. According to Sn. 147, Co-sureties, who are bound in different sums are liable to pay equally as far as their limits allow. Problem : A, B and C are sureties for Rs. 10,000, 20,000 and 40,000 respectively. Debtor D makes default of Rs.40,000/- A : B : C : = 10,000 : 20,000 : 40,000 Default is for Rs.40,000/- Hence A, B and C are liable to the extent of Total Rs. 40,000/- The extent of their liability is determined according to this section. They are liable to pay equally as far as their limits allow. Hence, A is liable to the extent of Rs. 10,000 Balance : Rs. 40,000 - Rs. 10,000 = Rs. 30,000 Therefore B and C are equally liable for Rs. 15,000/- each
- Jammu and Kashmir (state)Article 370 of the Constitution of India ( Before & After )
State of Jammu and Kashmir Jammu and Kashmir (state)Article 370 of the Constitution of India There is a question in the mind of the whole world what changes have happened in the state of Jammu and Kashmir before and after 370 was removed? That's why we have tried to understand this change in two parts. A. What is the history of the state of Jammu and Kashmir before the removal of Article 370? B. What has changed in the state of Jammu and Kashmir after Article 370 was removed? A. What is the history of the state of Jammu and Kashmir before the removal of Article 370? What is Article 370? The draft of how Jammu and Kashmir will be related to India was prepared by the government of Jammu and Kashmir itself. The Constituent Assembly of Jammu and Kashmir had accepted Article 306A (now Article 370) on May 27, 1949 with some changes. Then on October 17, 1949, this article became a part of the Indian Constitution. Keep in mind that the constitution was adopted on November 26, 1949. According to the terms of the 'Instruments of Accession of Jammu and Kashmir to India', it was mentioned in Article 370 that the Parliament of the country does not have the right to make laws for Jammu and Kashmir in any other subject except defence, foreign affairs and communication. Will happen. Also, Jammu and Kashmir was allowed to make its own separate constitution. The princely states that merged with India after independence included the princely state of Jammu and Kashmir. After Pakistani tribesmen attacked Jammu and Kashmir, Maharaja Hari Singh signed the documents of its accession to India. The State of Jammu and Kashmir has been accorded a special status in our Constitution under Article 370. The historical backdrop to this State warrants the grant of a special status to the State of Jammu and Kashmir . Originally , Maharaja Hari Singh ruled the State of Jammu and Kashmir . During an attack on that territory , the Maharaja signed the Instrument of Accession , through which the Dominion of India gained control to regulate the State in matters of Defence , External Affairs and Communications . The State of Jammu and Kashmir was included in the Part B states , but after the States Reorganisation Act , 1956 this part was abolished and the State of Jammu and Kashmir was included in the list of States of the Union of India . It is to be noted that the accession was in the same form as entered into by the Rulers of numerous other States acceding to India . In 1954 , the Constituent Assembly of the State of Jammu and Kashmir ratified the State Accession . Therefore , there was a valid legal basis to this accession . However , till date there are contradicting claims raised by Pakistan over the State of Jammu and Kashmir . The circumstances in which the State of Jammu and Kashmir acceded to India were the contributing actor for giving this State a special Status. The Government of India had declared that it was upto the people of the State of Jammu and Kashmir , represented in the Constitution Assembly , to determine the Constitution of the State and the jurisdiction of the Union of India . The future of the State was left to the will of the people determining it in the Constituent Assembly . APPLICABILITY OF PROVISIONS OF THE CONSTITUTION OF INDIA The State of Jammu and Kashmir has a separate Constitution, and only Article 1 and 370 of the Constitution of India apply to the State of Jammu and Kashmir [ Article 370 ( 1 ) ( c ) ] , and the application of the rest of the provisions of the Constitution of India is left to the President in consultation with the government of the State [ Article 370 (1 ) ( d ) ] . Furthermore, Parliament has the power to make laws for the State of Jammu and Kashmir to a limited extent [ Article 370 ( 1 ) ( b ) ] . The matters over which they can legislate are : 1. those matters in the Union List and the Concurrent List which, in consultation with the Government of the State, are declared by the President to correspond to matters specified in the Instrument of Accession governing the accession of the State to the Dominion of India as the matters with respect to which the Dominion Legislature may make laws for that State; and 2. such other matters in the said Lists as, with the concurrence of the Government of the State, the President may by order specify. By view of these powers the Constitution ( Application to Jammu and Kashmir ) Order , 1950 was made by the President specifying the Parliaments power to legislate on matters relating to foreign affairs . defence and communications . Thereafter , another order was passed by the President , namely , Constitution ( Application to Jammu and Kashmir ) Order , 1954 whereby the jursidiction to legislate by the Parliament was was extended to all the Union subjects and was no longer limited to foreign affairs , defence and communications . It is to be noted that this Article was a temporary provision inserted in the Constitution of India, however , till date it finds a place in the Constitution of India . Article 370. Temporary provisions with respect Jammu and Kashmir .- ( 1 ) Notwithstanding anything in this to the State of Constitution, ( a ) the provisions of Article 238 shall not apply in relation to the State of Jammu and Kashmir ; ( b ) the power of Parliament to make laws for the said State shall be limited to ( i ) those matters in the Union List and the Concurrent List which, in consultation with the Government of the State, are declared by the President to correspond to State of Jammu and Kashmir matters specified in the Instrument of Accession governing the accession of the State to the Dominion of India as the matters with respect to which the Dominion Legislature may make laws for that State; and ( ii ) such other matters in the said Lists as, with the concurrence of the Government of the State, the President may by order specify. Explanation:- For the purposes of this Article. the Government of the State means the person for the time being recognised by the President as the Maharaja of Jammu and Kashmir acting on the advice of the Council of Ministers for the time being in office under the Maharaja Proclamation dated the fifth day of March, 1948 (c) the provisions of Article 1 and of this Article shall apply in relation to that State ; (d)such of the other provisions of this Constitution shall apply in relation to that State subject to such exceptions and modifications as the President may by order specify : Provided that no such order which relates to the matters specified in the Instrument of Accession of the State referred to in paragraph (i ) of sub-clause ( 6 ) shall be issued except in consultation with the Government of the State : Provided further that no such order which relates to matters other than those referred to in the last preceding proviso shall be issued except with the concurrence of that Government . ( 2 ) If the concurrence of the Government of the State referred to in paragraph ( ii ) of sub-clause ( b ) of clause ( 1 )or in the second proviso to sub-clause ( d ) of that clause be given before the Constituent Assembly for the purpose of framing the Constitution of the State is convened, it shall be placed before such Assembly for such decision as it may take thereon. ( 3 )Notwithstanding anything in the foregoing provisions of this Article, the President may , by public notification, declare that this article shall cease to be operative or shall be operative only with such exceptions and modifications and from such date as he may specify : Provided that the recommendation of the Constituent Assembly of the State referred to in clause ( 2 ) shall be necessary before the President issues such a notification STATE CONSTITUTION The ConstituentAssembly of the State of Jammu and Kashmir made efforts to draft the Constitution for the State . After setting up various committees and deliberating over the Constitution for the State , theConstitution for the State of Jammu and Kashmir came into effect from 26 January ,1957. The Constitution of this State recognizes itself to be an integral part of India . There are provisions made with respect to the territory of the State . It includes all the territories which were under the sovereignty or suzerainty of the Ruler , on 15 August , 1957. The executive and the legislative powers of the State are plenary , however , they are subject to the Parliament power to legislate for the State . Furthermore , provisions advantageous to permanent residents of the State have been made . According to this Constitution , no person other than a permanent resident of that State can acquire property in the State after 14 May 1954. The Union under this Constitution does not have the power suspend the State Constitution ground of non - compliance of directions under Article 365 . The Union does not have the power to make a Proclamation of emergency under Article 360 in the State of Jammu and Kashmir . Special rights have been given to the permanent residents under this Constitution . Executive The executive setup in this Constitution is similar to that in the Constitution of India . By view of the Constitution of Jammu and Kashmir ( Sixth Amendment ) Act , 1965 the Executive head of the State of Jammu and Kashmir is the Governor , who is appointed by the President under his hand and seal . The executive power of the State is vested in the Governor , exercisable with the aid of the Council of Ministers . The governor holds office for a period of five years . The Chief Minister heads the Council of Ministers and this forms the Cabinet . They are collectively responsible to the Legislative Assembly . The civil servants hold office at the pleasure of the Governor . Legislature The Legislature of the State consists of two Houses , i.e. the Legislative Assembly and the legislative council . The Legislative Assembly : It consists of one hundred members chosen by direct election from territorial constituencies , and two women members nominated by the Governor . Out of these ,Twenty four seats are to be kept vacant to be filled by people living in Pakistan occupied Kashmir . The Legislative Council : The Legislative council shall consist of 36 members , out of which eleven members are to be elected by the members of the legislative Assemblies from persons residing in Province of Kashmir , provided that one of such persons is a resident of Tehsil Ladakh and one of Tehsil Kargil ; Eleven persons elected from Legislative Assembly from amongst persons resident of Jammu Province . Various electorates such as the Municipal Councils and local bodies elect the remaining members Judiciary The High Court of the State will consist of a Chief justice and two or more judges . A judge of the High Court is to be appointed by the President after consultation with the Chief Justice of the State . However , the Chief Justice will be appointed by the President after consulting the ChiefJustice of India and the Governor of the State . B. What has changed in the state of Jammu and Kashmir after Article 370 was removed? Jammu and Kashmir: Know what were Article-370 and 35A, Article-370:-Article 370 used to give special status to Jammu and Kashmir, but it also hurt the fundamental rights of the constitution itself, which was called the soul of the constitution by Babasaheb Ambedkar. Articles 370 and 35A in Jammu and Kashmir The provisions were applicable from 17th November, 1952. These articles gave certain rights and facilities to Jammu and Kashmir and its citizens, which are different from other parts of the country. When the government abrogated most of the provisions of Article-370 and divided it into two union territories, the political picture there changed. At the same time, some special rights and facilities available to the citizens were also curtailed. Article-35A:-Through Article-35A, the rules of permanent citizenship of Jammu and Kashmir and the rights of citizens were fixed. Like - according to this provision, only those who have been living in the state for 10 years on or before May 14, 1954 and those who acquired property there Was said to be a permanent citizen of Jammu and Kashmir. These residents used to get special rights. Only permanent residents had the rights to buy land in the state, get government jobs, and take advantage of government schemes. Outsiders / other people did not have the right to buy land here, get government jobs, enroll in institutions. If a woman from Jammu and Kashmir marries a person from any other state of India, then she has rights over her ancestral property. Used to be snatched away. But it was not so in the case of men. But after the government removed Article-35A from Jammu and Kashmir, these rules changed – now any citizen of the country is able to buy land in the state of Jammu and Kashmir. They can also do government jobs there. It is said that before the removal of 370, the shackles of 370 made the country realize one country, two legislations, two heads and two symbols. According to Article 370, the state of Jammu and Kashmir got special rights. The separate flag and separate constitution of Jammu and Kashmir used to run. The permission of the state was necessary to make all the laws except on the subjects of defence, foreign affairs and communication. The citizens of Jammu and Kashmir used to have dual citizenship. People from other states could not buy land in Jammu and Kashmir. Article 370 gave special status to Jammu and Kashmir, but it also hurt the fundamental rights of the constitution, which was called the soul of the constitution by Babasaheb Ambedkar. . Article 370 was the tussle between Jammu and Kashmir and the country for 72 years. What is the status of Article 370 now? On August 5, 2019, the Central Government took a historic decision and nullified key clauses of Article 370 that gave special status to Jammu and Kashmir. Also divided Jammu and Kashmir into two Union Territories – Jammu Kashmir and Ladakh. The provisions of Article-370 and 35A were applicable in Jammu and Kashmir from November 17, 1952. These articles gave certain rights and facilities to Jammu and Kashmir and its citizens, which are different from other parts of the country. When the government abrogated most of the provisions of Article-370 and divided it into two union territories, the political picture there changed. At the same time, some special rights and facilities available to the citizens were also curtailed. Here are the key things that changed...Let us know some special questions related to this and their answers… • Earlier the citizens of Jammu and Kashmir had dual citizenship. This state also had its own flag. With the removal of the provisions of Article-370, these things ended. • Earlier in Jammu and Kashmir, insulting the national flag or national symbols of India was not considered a crime. But with the removal of 370, like other parts of the country, these activities have come under the category of crime. • The orders of the Supreme Court were not valid in Jammu and Kashmir earlier. Now the citizens there also have to obey the orders of the apex court. • Earlier, except for defence, foreign affairs, communications, the consent of the Jammu and Kashmir Legislative Assembly had to be taken, now the central government can implement its own laws there. • Earlier the term of Jammu and Kashmir Legislative Assembly was of six years. Now with the removal of the provision of Article 370, the tenure of the assembly will be five years like all other states. • However, there is no assembly as of now. With the abrogation of the provisions of Article-370, Jammu and Kashmir was divided into two Union Territories of Jammu and Kashmir and Ladakh. • Jammu and Kashmir is a union territory with a legislature on the lines of Delhi and Puducherry. While Ladakh is a union territory without assembly like Chandigarh. • Earlier Hindu-Sikh minorities in Kashmir did not get 16 per cent reservation. Now with the repeal of the provisions of Article-370, the minorities there are also getting the benefit of reservation. At the same time, through Article-35A, the rules of permanent citizenship of Jammu and Kashmir and the rights of citizens were decided. As -According to this provision, only those who had resided in the state for 10 years on or before May 14, 1954, and acquired property there, were said to be permanent citizens of Jammu and Kashmir. These residents used to get special rights.Only permanent residents were entitled to purchase land, get government jobs, and avail benefits of government schemes in the state. Outsiders/others did not have the right to buy land, get government jobs, enroll in institutions here. If a woman from Jammu and Kashmir had married a person from any other state of India, then her rights over her ancestral property would have been snatched away. But this was not the case with men. But with the removal of Article-35A from Jammu and Kashmir by the government, these rules have changed – and the discrimination between men and women in rights in Jammu and Kashmir has come to an end.Students from any state of the country can take admission in higher education institutions there. Not only this, now any person of the country can go and settle in Kashmir. 1. Can President's Rule be imposed in Jammu and Kashmir now? Yes, after the removal of Article 370, President's rule can be imposed there. Earlier, the President did not have the right to dismiss the state government, that is, there was no President's rule, but Governor's rule. Now President's rule can be imposed there 2.Will financial emergency be imposed in Jammu and Kashmir now? Under Article 360 of the Indian Constitution, there is a provision to impose financial emergency in the country. That too did not apply to Jammu and Kashmir. Now financial emergency can be implemented here. 3.Now how many years will be the term of the Legislative Assembly of Jammu and Kashmir? The tenure of the Legislative Assembly of Jammu and Kashmir was of 6 years, while the tenure of the Legislative Assemblies of other states of India is 5 years. After the removal of Article-370, the tenure of the assembly will be 5 years here too. 4. What other changes took place in Jammu and Kashmir after its removal? Minorities did not get reservations in Kashmir but now they will get it. There citizens used to have dual citizenship which will end now. Apart from this, there used to be a separate flag and a separate constitution in Jammu and Kashmir, which is no longer there. The laws passed in the Parliament were not immediately applicable in Jammu and Kashmir, now they will be applicable.
- ECONOMICS :- MCQ with Short & Long Questions
ECONOMICS—II www.lawtool.net Choose the correct alternative 1. Sale of second-hand goods will not be comprised in the GDP because : (a) Second-hand goods can be obtained at a low price (b) These goods are useless (c) Both (a) and (b) (d) It is not a product of the current year 2.Which is the main point on the basis of which public finance can be separated from private finance? (a) Price Policy (b) Borrowings (c) Secrecy (d) Elasticity in Income 3.Public debt leads to extravagance, encouraged resort to war and induced bad economic conditions. This statement was given by : (a) Dalton (b) Adam Smith (c) J.K. Mehta (d) Findley Shirras 4.Economic Planning is in : (a) Union List (b) State List (c) Concurrent List (d) Not specified any List 5.War expenditure is a ______. (a) Waste of Money (b) Investment (c) Forced Expenditure (d) None of these 6.Which economist has classified public expenditure on the basis of revenue ? (a) J.K. Mehta (b) Pigou (c) Nicholson (d) Wagner 7.Which one of the following statements is correct ? (a) GNP includes depreciation (b) Value added includes transfer payment (c) Personal income includes undistributed profits (d) Disposable income includes personal taxes 8. Suppose both real GDP and prices double. We can conclude that nominal output will be : (a) More than doubled (b) Doubled (c) Rose by less than double (d) Did not increase 9.Which of the following days has been declared as Income Tax Day in India ? (a) July 18 (b) July 24 (c) August 16 (d) September 1 10.National Income estimates in India are prepared by : (a) Planning Commission (b) RBI (c) Finance Ministry (d) C.S.O. 11.The food for work program was subsumed in : (a) IRDP (b) MGNREGS (c) RLEP (d) JRY 12.Finance Commission is constituted : (a) Every year (b) Once in two years (c) Once in four years (d) Once in five years 13.Which one of the following measures does not include final goods and services ? (a) GNP (b) NNP (c) Disposable Income (d) National Income 14.Mahalanobis Model has been associated with which five year plan ? (a) First Five Year Plan (b) Second Five Year Plan (c) Third Five Year Plan (d) Fourth Five Year Plan 15.The smallest national income accounting aggregate is usually : (a) PI (b) GNP (c) DPI (d) NI 16.National Income calculated at current prices has shown a tendency to rise at a faster rate than national income calculated at constant prices. This is because : (a) India's population has been rising fast (b) Planned expenditure has been rising fast (c) Statistical manipulation are employed by the planners. (d) General price level has been rising fast. 17. Which of the following is the items for country planning ? (a) Rising standard of living (b) Opportunities for work (c) Facilities for education (d) All of above 18.Which of the following measures cannot remove unemployment ? (a) Population control (b) Government subsidies (c) Increase in production (d) Equitable distribution 19.A five year plan is a : (a) Medium Term Plan (b) Perspective plan (c) Short Term Plan (d) None of the above 20.The GNP gap is the gap between : (a) GNP and NNP (b) GNP and depreciation (c) GNP and GDP (d) Potential and actual GNP 21.State earn maximum revenue through : (a) Land revenue (b) Custom duties (c) Commercial duties (d) Excise duties on intoxicants 22.Which of the public sector has completed 100 years of its establishment on December 21, 2011? (a) Central Bank of India (b) State Bank of India (c) Punjab National Bank (d) Bank of Baroda 23.Find the tax which is direct tax among the following : (a) Personal income tax (b) Excise duty (c) Sales tax (d) Service tax 24.When some workers are, temporarily out of work while changing jobs leads to unemployment? (a) Cyclical (b) Voluntary (c) Frictional (d) Seasonal 25.Public debt produces : (a) Contradictory effect on the economy (b) Expansionary effect on the economy (c) Proportional effect on the economy (d) None of the above 26.Which of the following is the function of Central Bank ? (a) Acceptance of deposits (b) Monopoly over note issue (c) Advancing loan (d) Credit creation. 27.Which one is not the objective of economic planning ? (a) Optimum Resource Utilization (b) Provision of social overheads for the development. (c) Adjusting to economic fluctuations (d) Fostering complete freedom to market economy. 28.According to the latest amendment in Banking Regulation Act, nationalised bank can release a share of total paid up capital upto a maximum ceiling of : (a) 40% (b) 49% (c) 51% (d) 100% 29.The best method of computing national income is : (a) Product method (b) Income method (c) Expenditure method (d) Combination of income and production method. 30.The most liquid asset, next to cash, which the banks possess is : (a) Advances to customers (b) Money at call (c) Treasury bill (d) Inland bill. 31.The burden of long-term public loan is on : (a) Present generation (b) Past generation (c) Future generation (d) None of these 32.Which of the following method is used to measure national income at factor cost ? (a) Production method (b) Income method (c) Expenditure method (d) Final expenditure method 33.Indirect taxes are not made as part of national income because : (a) They influence the price (b) They are not factor income (c) They are income for the government (d) None of the above 34.What is the Cash Reserve Ratio (CRR) ? (a) The fraction of the deposits that commercial banks lend to the customers (b) The fraction of the deposits that RBI must keep with commercial banks (c) The fraction of the deposits that commercial banks must keep with RBI (d) None of the above 35.RBI was established in the year : (a) 1935 (b) 1932 (c) 1940 (d) 1925 36.Banks create credit : (a) Out of nothing (b) On the basis of their security (c) On the basis of their total assets (d) On the basis of their cash deposits 37.The internal debt comprises : (a) Market borrowings (b) Treasury bills (c) Special securities issued to RBI (d) All the above 38.The Indian Planning Commission was set up in : (a) 1950 (b) 1951 (c) 1945 (d) 1949 39.Nehru Rozgar Yojna was started to help : (a) Urban unemployment (b) Rural unemployment (c) Agricultural unemployment (d) Seasonal unemployment 40.Depreciation is the loss of value of : (a) Capital Assets (b) Stocks (c) Final Goods (d) Intermediate Goods 41.What is the main objective of a tax ? (a) Increase in consumption (b) Increase in production (c) Raising public revenue (d) Reduction in capital formation 42.Which of the following is non-wage income ? (a) Profit (b) Interest on capital (c) Rent on land (d) All of the above 43.For how many days NREGA provides employment ? (a) 70 (b) 80 (c) 90 (d) 100 44.The type of unemployment mostly found in India can be characterised as : (a) Structural (b) Frictional (c) Cyclical (d) Disguised 45. Scope of Public Finance includes : (a) Public revenue (b) Public debt (c) Public expenditure (d) All of the above Answer the following What are the functions of the Central Bank in a country? What are the reasons for unemployment in rural areas? Discuss the economic effects of Public Expenditure. What are the defects of the Indian Tax structure? The central bank and Co-operative Bank Public Expenditure and Private Expenditure Internal Debt and External Debt GDP at Market Price and NNP at Factor Cost. 5×3=15 Distinguish between Direct and Indirect Taxes. Distinguish between Public Debt and Public Expenditure. State the remedies on unemployment. Give the objectives of economic planning. Write short notes Public Finance and Private Finance Co-operative Bank Different types of Taxes Public Debt and Public Expenditure. Credit Control. Principles of Public Finance. Principles of Central Bank. Features of National Income. What are the economic effects of taxes in an economy ? Highlight the specific difficulties faced by India in the estimation of National Income. Give the objectives of 12th Five Year Plan. Give the measures to remove ‘White Collared’ unemployment. Write Long notes Discuss the functions performed by cooperative credit societies. Discuss the canons of Taxation. Explain the various methods of measuring National Income. Discuss the objective of 5 years of planning in India. Discuss the effects of public debts. What are the main functions of commercial banks? What is their utility to the community?Throw light on the content and importance of Public Finance. Discuss the credit creation by commercial banks. Explain the process of credit creation by Commercial Banks. What are the reasons for increasing public expenditure in the last few years in India? Do you justify the increase? Explain Adam Smith’s canons of taxation. What additions have been made to these canons in recent years? Has the Economic Planning in India been able to achieve its objectives ?’ Discuss. Explain the various methods of calculating National Income. Which method is the ideal method? How unemployment has affected the Indian Economy? How has this problem been handled by the Indian Government? What is Public Debt? Describe the classification of Public Debt. Explain the significance of Selective Credit Controls. How do they operate and with what success?
- AIBE 17 Registration 2023
AIBE 17 Registration 2023 Notification, Exam Form, Fee, Exam date AIBE 17 Registration 2023 Notification, Exam Form, Fee, Exam date, and other important details are mentioned here. Check now, as the AIBE 17 Registration 2023 is started, and candidates shall fill out their forms on time. The AIBE exam registration forms are available till 16th Jan 2023. The exam is going to be held in 40 cities in India. The candidates of UG PG level will be giving the examination. The exam will take up to 3 hours and 30 minutes duration. Candidates from all over the nation are welcome to participate in the exam. AIBE Notification 2023 The official notification of the AIBE was released by the Bar Council of India. The candidates who have gone through the official notification shall once read it thoroughly. The notification declares the important dates. The candidates shall ensure they don’t miss out on the abovementioned crucial dates. The examination is a standard test to check the efficiency of all those willing to practice law in India. After they are awarded the Certificate of Practice, they will be eligible to practice law in any court in India. AIBE Eligibility Criteria The significant points of eligibility are provided below. Check if you fulfil these to appear in the AIBE test in the 2023 exam going to be held in Feb. AIBE Exam Form 2023 The exam forms were placed by the authorities to be filled out by 5 pm on 13th December 2022. The AIBE exam forms are to be filled out online by the candidates. Dates regarding the application form and payment are mentioned in the table above. The exam form will be available at http://allindiabarexamination.com/. The candidates will have to fill out the form with a few mentioning theireducational qualifications well as basic personal details. They will then have to fill out the application forms. After filling up the exam form, candidates must print it and keep the application form safe. The registration number will be required to get the admit card from the portal. 17th AIBE Fee 2023 The exam form fee for the AIBE is Rs 3,560 for General candidates. The relaxation is provided to the specific categories, including SC, ST, and PwD will be paying an amount of Rs. 2,560. The AIBE application form 2023 fee payment has to be done through SBI Challan. While filling up the form, make sure you enter all the details correctly. Those who will get admitted as advocates will have to deposit a fee of Rs 600 to any State Bar Council and are eligible for a Certificate of Enrolment. AIBE XVII Exam Date 2023 The examination will be held in the month of February. The candidates shall prepare with the help of previous examination papers. The dates of the admit card release and examination are provided in the table below. The examination centres will be mentioned on the AIBE admit cards. The candidates shall make sure to reach as per the reporting time mentioned by the council.
- Baswarooponi v.BabulalsoniBCI DC Appeal No.25/1992
Babulalsoni is the father of Balswaroopsoni. He filed a complaint against his son alleging professional misconduct before the Madhya Pradesh Bar Council. The allegations are as follows: 1. A criminal case under S.307 I.P.C. is pending against him. 2. while appearing as a defence counsel for one munna in a criminal case No.125/89 he has introduced his own brother as Dwarha Pradesh and arranged him to stand as surety for munna. 3. He has withdrawn a sum of Rs.1500 deposited in the court in the name of Babulalsoni in a civil case without his consent. Before the State Bar Council, Babulalsoni personally appeared and produced certain documentary evidence in support of his case but the present appellant did not appear though many chances are given to him. Finally the Bar Council held that Balswaroopsoni is guilty of professional misconduct and passed an order removing his name from the Advocates Roll. Against this order Balswaroopsoni filed an appeal the Bar Council of India. In the appeal he denied all the allegations against him but, failed to produce any documentary evidence in his support. Regarding the second allegation he took a defence that munna brought one person and introduced him as Dwarakha Prasad. Believing Munna’swords only he also introduced him to the court as Dwarakha Prasad. This defence was not accepted by the Bar Council of India because Balswaroopsoni knows that the person brought by Munna Dwarakha Prasad. Regarding the third allegation he took the defence that he is also one of the plaintiff in the said case and his father has given power to withdraw that amount of Rs .1500/.But no documentary evidence in support of this difference was produced by him. After hearing the parties the Bar Council of India reduced the punishment and suspended him from practice for a period of 5 years.
- M. C. Mehta v State of Orissa AIR 1992 Ori 225
Environmental Law WATER POLLUTION M. C. Mehta v State of Orissa AIR 1992 Ori 225 M.C Mehta filed another writ petition before the Orissa High Court to protect the health of thousands of people living in Cuttack and adjacent areas who were suffering from pollution from the sewage being released into the Taladanda canal by the Municipal Committee of Cuttack and the SCB Medical College Hospital, Cuttack. The petitioner contended that dumping untreated waste water into the canal was creating health problems. The government, however, contended that a central sewerage system had been installed at the hospital and that there was no sewage flow into the canal. It also asserted that it had not received any information about any pollution or diseases being caused by contamination of the canal. Also, the Health Department of the state government tried to pass on the buck to the civic body, saying that the responsibility of supplying drinking water rested with the municipality. The Municipality itself refuted allegations of carelessness and callousness. The court reprimanded the authorities and directed the government to act immediately. The court also recommended that a committee should be formed to suggest steps to prevent and control water pollution and to maintain wholesomeness of water meant for human consumption. The court also held that a municipal council had the responsibility of preserving public health and could not plead financial constraints for its failure to provide a proper draining system .
- ANCIENT APPROACH TO ENVIRONMENT
ANCIENT APPROACH TO ENVIRONMENT www.lawtool.net Air, water, land are the representative samples of the natural environment, and geophysical, atmospheric, and hydrological systems determine the character of the biosphere including biota and mankind of a region. If we try to disturb Nature or the natural environment in excess, it disturbs and damages us irreparably. Therefore, it is necessary to know how to behave with various components of the natural environment. The principles of ethics which guide an individual as to how to behave with the environment is known as environmental ethics. It mainly consists of rules. of moral correctness or moral behavior towards the components of the environment, viz. land, water, air, flora, and fauna. In the present Chapter, an attempt has been made to discover and reiterate the environment. ethical rules prevailing in the olden society and how far they are being abided by and recognized byanimal/bird the Indian Constitution. Environmental Ethics in Olden Times Since Vedic time the main motto of social life was ' to live in harmony. with Nature ' . Sages, saints and great teachers of India lived in forests, meditated, and expressed themselves in the form of Vedas, Upanishads, Smritis, and Dharmas. This literature of olden times preached in one form or the other a worshipful attitude towards plants, trees, Mother Earth, sky ( Aakash ) , air ( Vayu ), water ( Jal ), and animals and to keep a benevolent attitude towards them. It was regarded as a sacred duty of every person to protect them. The Hindu religion enshrined respect for Nature, environmental harmony and conservation. It instructed man to show reverence for the presence of divinity in nature. Therefore, trees , animals ( cow ) , hills, mountains, rivers are worshipped as symbols of reverence to these representative samples of Nature. A perusal of Hindu religious scriptures is called the Vedas, Upnishads, Smritis, Puranas, Ramayana, Mahabharata, Geeta, mythological literature. including stories, social and moral codes and political rules reveal that the following were the general guiding principles to be observed by all in their daily life: respect nature ; life in living is dependent on various components of nature ; keep harmony with nature ; protect the natural environment ; utilise natural resources only to satisfy the need of the people ; presence of the divinity of nature in all living and non - living objects ; destruction of nature means destruction of mankind ; all must have compassion for animate objects, e.g. trees , animals, birds , aquatic life , etc .; air , water , land , sky , trees , animals are the creation of God and He dwells in all them . Therefore , to worship them is to worship Him the Creator of the universe ; man , being one of the creations of God , has no special privilege or authority over other creatures , on the other hand he has more obligations and duties to protect and improve them ; Ahimsa Parmo Dharmah ( non - violence ) is the dharma of the highest order , one should be non - violent towards animals , trees , and other micro-organisms alike . Hinsa ( violence ) was considered as a sin . Therefore , ' not eating of meat in Hinduism is considered both an appropriate conduct and a duty ; drought , fury of floods and storms , heavy rains , cloudbursts , lightning, earthquakes , volcanic eruptions , heavy tides are the violent forms of anger manifested by the gods and goddesses ; purity of thought and expression , and cleanliness of the environment around us should be observed ; all lives , human and non - human including trees , are of equal value and all have the same right to existence . It shows that the principle of sanctity of life is clearly ingrained in the Hindu religion . Many Many verses in the Rigveda and Athara Veda have been devoted to the praise of Lord Surya ( Sun ) , Vayu Devta ( Lord of the Winds ) , Agni Devta ( God of Fire ) , Varuna Devta ( God of Water ) , Prithvi Mata ( Mother Earth ) , Vanya Devi ( Goddess of Forests ) , etc. Therefore , cutting of trees , polluting air , water , land were regarded as sins as elements of Nature were to be respected and regarded as gods and goddesses . Protection of their purity and wholesomeness was considered to be the duty of everyone . Hindu society did not consider it proper even to throw dust on a public path ( Highway ) Rigveda , Manusmriti , Charak Samhita have emphasized on the purity of water and healing and medicinal value of water . Because of these injunctions a system of Maryada ( code of conduct ) developed in Indian society to keep water clean and wholesome . Similarly , trees and plants have been regarded as indispensable in the life of human beings . They have been considered as revered , bestowers of god and protectors from evil with a concept of God living in them . Trees and plants are considered as the abode of various gods and goddesses . This sense of worship has also a background of unflity and spiritfulness . The Rigveda devoted an entire hymn to the praise of healing properties of trees . The following are some of the names of trees associated with gods and goddesses . Thus, trees are worshipped as Varikchay Devta ( Tree Deity ) with prayers, offerings of water , flower, sweets and encircled by sacred threads. The planting of trees is also regarded as a sacred religious duty and work of great virtue. Matsya Puran has regarded the plantation of one tree as equal to ten sons. According to Vaha Purana ' one who plants one pipal, one neem, one ber , ten flowering plants or creepers, two pomegranates, two oranges, and five mango trees will not go to hell. Therefore, cutting of trees and destruction of flora was considered a sinful act . Manusmriti - known as the first systematic Treaty on Hindu Law , has prescribed various punishments for destroying trees and plants . Charak Samhita has considered the destruction of forests as the most dangerous act for humanity and its welfare. The destruction of forests is most dangerous for the nation and for human beings. Vanaspati ( vegetation ) has direct relationship with the well-being of society. Due to the pollution of the natural environment and the destruction of Vanaspati, many diseases crop up to ruin the nation. Only then Vanaspati with medicinal qualities may enhance the nature and cure diseases of human beings. Charak also mentioned specifically air pollution as a cause of many diseases " The polluted air is mixed with bad elements . The air which is devoid of the virtues of season , full of moisture , gusty, hard , icy - cool, hot , dry , foul harmful , roaring, colliding from two or three side helling , oily, full of dirt, smoke, sand, and steam, creates diseases in the body and is polluted. " Charak Samhita , 3.6 ( 1 ) Similarly , the Charak Samhita also prohibits the use of unwholesome water . The above discussions show that Hindu worship of trees and plants has been partly based on utility and partly as a religious duty and mythology . Gradually , trees and plants became religious objects and objects of worship . Animals , Birds and Hindu Way of Life The above discussion makes it amply clear that the Hindu way of life has respect and consideration for the natural world including animals and birds. The most important aspect of Hindu theology in the association accorded to different species with reincarnation and deities, and it is believed that the Supreme Being actually gets himself incarnated in the form of various species. Further, Hindus were advised to treat all other species just like their own children. One should look upon deer , camels, monkeys , donkeys, rats , reptiles, birds and is as though they were their own children , what is that which distinguishes these from those ( children) " Several Hindu gods and goddesses have animals and birds as their mounts. Some of them, associated with Hindu gods & goddesses, are as follows : Apart from the economic importance of animals and birds in Vedic India, they fulfilled significant ritualistic and symbolic roles in society. For example, cow's milk and other dairy products are used in religious ceremonies, fasting days and offered as oblations to gods . Looking at the uses and medicinal utility of cow's milk, urine and dung , cow is sanctified and cow slaughter is treated as the highest form of sin . These rituals and sanctity are still maintained and observed today in the daily life of Hindus . The killing of animals is against the basic tenet of Hindu way of life. Ahinsa (non-violence) - therefore, having a deep belief in the principle of non-violence, it was felt that the grace of God could be achieved by not killing and killing His creatures. Silent animals and birds are a sin. By the end of the Vedic and Upanishad periods, Buddhism and Jainism came into existence. Non-violence, truth, respect and love for other living beings including trees became the core principles of these religions. They also include teachings on environmental protection. The Buddhist emperor - Ashoka the Great - promoted the planting and conservation of flora and fauna. He prescribed various punishments for the killing of animals, including ants, squirrels, rats, birds and cutting down trees.
- THE DOCTRINE OF FACTUM VALET
THE DOCTRINE OF FACTUM VALET The maxim “Quod fieri non debris factum valet or the Doctrine of Factum Valet”, is a Latin maxim, which means ‘what ought not to be done is valid, when done” . After adoption, the child becomes the aurasa (naturally born son of the adoptive parents) and also gets disqualified to perform ‘Sradha Karina, Pinda Karma, or Kanyadan' of his natural parents. In case, there is no other person competent to perform the ceremonies, shastras permit the adopted son to perform the Sradha Karma , Pinda Karma and Kanyadan. This is known as ‘Factum Valet’. This doctrine was recognised both by the Mitakshara and Dayabhaga Schools.When there is a rule, which governs an act (not to be done) and the act is done, it cannot be rendered invalid. This doctrine does not have universal application since every prohibited act, when done cannot be ratified. Under the Hindu Law, this doctrine gets recognition mainly in the Law of Marriage and Law of Adoption. Non-compliance of certain things relate to a moral precept, then the violation does not vitiate the proceedings. Eg.:— Marriage overlooking age limit; marriage of a minor without the consent o f the guardian. But where a violation relates to an imperative provision of law' viz, incapacity, non-compliance of essential ceremonies (Homa, Saptapadi) renders the marriage void and the doctrine does not apply in such cases. There may be other ceremonies, which are not essential. If they are omitted, such omission is cured (saved) by this doctrine. The doctrine applies where there is no fraud or force ANTE-ADOPTION AGREEMENT Ante-Adoption Agreement means “An agreement before the Adoption. It is entered into between the natural parent (person giving I he child in adoption) and the adoptive parent (person taking the child in adoption) before the adoption in regard to the rights of the adoptive child in the property of the adoptive parent. It protects the interests of the child (to be given in adoption) in regard to the property of the adoptive parent. Section 13 of the Hindu Adoptions and Maintenance Act, 1956 makes provision for the Anti-Adoption Agreement. Before adoption, the adoptive father, being the sole surviving coparcener, can alienate the property by will or by a transfer inter vivos (i.e. transfer between the two living persons). If so, the adoptee (adopted child, who becomes a coparcener after the adoption) cannot question the alienation by the adoptive lather. If the property alienated is the self-acquired property of the adoptive father, the adopted child cannot question the alienation even after the adoption. The difficulty as to the right of alienation of the adoptive father arises, if the property is ancestral and the alienation is made after the adoption (i.e. the boy acquires the status of coparcener on adoption. ' the child is a female, she also becomes coparcener in Andhra Pradesh in pursuance of the A.P. Amendment Act, 1986). To obviate such situation, the adoptive parent to protect his interests, may resort to enter into an agreement with the natural parent before taking the child in adoption. Such agreement is called the “ante-adoption agreement” (designed to protect the interest of the adoptive father). CASE COMMENT Problem-1; ‘A’, a Hindu male died in 1953, leaving behind his widow, ‘W’ without children. ‘W’ inherited the properties of her deceased husband. In 1954, ‘W’ made a gift of some land from the husband’s property to her grand-niece *N\ which was challenged by her husband’s collateral, ‘C’. ‘C* sued for possession of the land. The trial court decided in favour of ‘C \ ‘N’ preferred an appeal. While the appeal was pending, ‘W ’ adopted a son ‘S ’ in 1959 and died in the same year - Decide. Ans. The instant problem relates to “the Doctrine of Relation Back” from the ‘effects of adoption’ and attracts Sec. 12(c) of the Hindu Adoptions and Maintenance Act, 1956.The relevant leading case of the problem is Sawanram vs. Kalawati 1967 SC 1761.The doctrine of Relation Back gives retrospective effect to the adoption. (Write now in brief about the doctrine of relation back). According to Sec. 12(c) of the Hindu Adoptions and Maintenance Act, 1956, the adopted child shall not divert any person of any estate, which rested in him or her before the adoption. Write now Sawanram’s case in detail as explained under the doctrine of relation back. In view of the above, the adoption by ‘W’ in 1959, shall have the retrospective effect from the date of the death of ‘A’. Further, ‘S’ (adopted son) cannot divert any estate, which had vested in ‘W’ prior to his adoption. Therefore, the gift of the land by ‘W ’ to ‘N’ is valid. Problem-2: Sujatha, an unmarried woman adopts a daughter, Sudha. Later, Sujatha married Krishna and has a son by him. Krishna dies leaving the property. Who succeeds his property? Why? Clues: Under the Hindu Adoptions and Maintenance Act, 1956, a female child also can be adopted and an unmarried woman can adopt. Hence, the adoption of Sudha by Sujatha is valid. (Write (i) the requisites of valid adoption under Sec.6;(ii) the capacity of a female to take in adoption under Sec.8). Sudha being the step daughter of the deceased (Krishna) cannot inherit The son, being a Class-I heir succeeds to the property. (Also write the relevant provisions under the Hindu Succession Act, 1956 (Ss. 8 to 13).
- Contract II - MCQ
Contract II - MCQ www.lawtool.net 1. Section ------------ of Indian Contract Act defines a contract of Indemnity. A) Section 127 B) Section 124 C) Section 125 D) Section 130 2. A contract by which one party promises the other party to save from loss which may be caused either by the conduct of thepromissor or by the conduct of any other person is called as -------- A) Contract of Bailment B) Contract of Guarantee C) Contract of Pledge D) Contract of Indemnity 3. In a contract of Indemnity there are -------- A) 3 parties and one contract B) 2 parties and 2 contracts C) 3 parties and 3 contracts D) 2 parties and one contract 4. A Contract of Indemnity is ------- A) Void Agreement B) Quasi Contract C) Contingent Contract D) Wagering Contract 5. A -------------- is a contract to perform the promise or discharge the liability of a third person in case of his default. A) Contract of Guarantee B) Contract of Bailment C) Contract of Indemnity D) Contract of Pledge 6. A Contract of Guarantee is a -------------- agreement. A) Bipartite agreement B) Tripartite agreement C) Either (A) or (B) D) None of these 7. Surety is a person who ------------ A) Who gives the guarantee B) To whom the guarantee is given C) In respect of whose default the guarantee is given D) None of the above 8. Liability of surety is ---------------------- A) Conditional on default B) Independent of default C) Can be conditional or independent D) None of the above 9. A continuing guarantee applies to ------ A) Reasonable number of transactions B) Any number of transactions C) A series of transactions D) A specific transaction 10. A surety can be discharged from his liability by ----- A) By Notice B) By Novation C) By his Death D) All the above 11. Right of Subrogation means ---------- A) The surety will step into the shoes of the another B) He is entitled to the benefit of every security which the creditor has C) The surety can claim indemnity from the principal debtor D) All the above 12. Bailment means --------- A) The goods delivered to be returned by way of an equivalent in other commodities B) The goods delivered to be returned by way of an equivalent in money C) The goods is delivered by one person to another for some purpose to be specifically returned or otherwise disposed of per the order of the bailor D) All of these 13. Bailment is defined under Section ------ of Indian Contract Act, 1872. A) 144 B) 146 C) 148 D) 149 14. In all cases of bailment, the bailee is bound to take as much care of the goods bailed to him as a man of ordinary prudence would under similar circumstances. The statement is ----------- A) True B) False C) Partly correct D) None of the above 15.If the goods are lent free to the bailee for his use it is known as ---- A) Commodation B) Gratuitous Bailment C) Non-Gratuitous Bailment D) Deposition 16.If the bailee mixes the goods of the bailor with his own goods, without the consent of the bailor A) The bailee is liable to pay the expenses for separation of goods and damages B) The bailee is not liable C) Not liable for compensation D) None of these 17. Lien means --------- A) A charge B) A particular status C) A guarantee D) A legal claim to hold property as security 18. Bailor in Pledge is known as --------- A) Bailee B) Pawnor C) Pawnee D) None of these 19. In a Pledge, the general property or ownership in goods A) Transferred to the pawnee B) Cannot be transferred to the pawnee C) Continues in the pawnor D) None of the above 20.According to Section 71 of the Contract Act, a person who finds goods belonging to another and takes them into his custody, is subject to the same responsibility as a ----------- A) Bailee B) Bailor C) Surety D) Pawnor 21. As per Section 182 of the Contract Act, an agent is one ----------- A) Who is employed by another B) To do any act for another C) To represent another in dealing with third person D) All of the above 22. A sub-agent is a person ------- A) Who works under the main agent B) Who carries out the order and direction of a person under whom he works directly C) Who works on behalf of the main agent D) Employed by and acting under the control of the original agent in the business of agency 23. Substituted agent is ----------- A) Agent’s agent B) Principal’s agent C) None of the above D) Both (A) and (B) 24. Ratification of authority means A) Delegation of powers B) Subrogation C) Termination of agency D) Confirmation to make valid or sanction an act which is already done. 25. An agency is terminated ----------- A) By the principal revoking the authority B) By the agent renouncing the business of agency C) By either the principal or agent dying or becoming of unsound mind D) All the above 26. Voluntary transfer of possession from one person to another is called ----- A) Sale B) Purchase C) Delivery D) Exchange 27. Which of the following Section of the Sale of Goods Act, 1930 defines the term “Goods”? A) Section 2(7) B) Section 2(4) C) Section 2(5) D) Section 2(9) 28. Goods to be manufactured or produced or acquired by the seller after making of the contract of sale are ----- A) Contingent goods B) Future goods C) Unascertained goods D) None of the above 29. The definition of goods in the sale of goods act include --- A) Stock and shares B) Money C) Actionable claims D) All the above 30. Seller means a person ----- A) Who sells B) Who agrees to sell C) Both of the above D) None of the above 31. The money consideration for a sale of goods is called -------- A) Purchase money B) Price C) Value D) None of the above 32. The Sale of Goods Act, 1930 deals with --------- A) Immovable property only B) Movable property only C) Both (A) and (B) D) None of the above 33. An agreement to sell is an executory contract. The statement is A) True B) False C) Depends D) None of the above 34. Which of the following is a bailment plus agreement to sell? A) Pledge B) Hire purchase C) Mortgage D) None of the above 35. A stipulation essential to the main purpose of the contract is ---------. A) Warranty B) Condition C) Obligation D) None of the above 36. A stipulation collateral to the main purpose of the contract is ------ A) Condition B) Warranty C) Obligation D) None of the above 37. Which of the following sections of the Sale of Goods Act, 1930 deals with implied conditions and warranties? A) Sections 13 to 16 B) Sections 14 to 17 C) Sections 15 to 18 D) Sections 16 to 18 38. Conditions and Warranties in a contract may be ------- A) Express B) Implied C) Express or implied D) None of the above 39. Which of the following is an implied warranty? A) As to undisturbed possession B) As to non-existence of encumbrances C) As to disclosure of dangerous nature of goods D) All of the above 40. A breach of condition may be treated as a breach of warranty and not vice versa. The statement is A) True B) False C) Depends D) None of the above 41. The term “Partnership” is defined in Section ------- of the Indian partnership act, 1932. A) 2 B) 3 C) 4 D) 5 42. Persons who have entered into partnership with one another are collectively called as ---- A) Partners B) Directors C) Firm D) None of the above 43. Partnership is a subject in the ---------------- A) Union List B) State List C) Concurrent List D) None of the above 44. An action for the indemnity can be brought against a partner A) By the firm B) By any partner on behalf of the firm C) By a partner in his individual capacity D) Either (A) or (B) 45. A property of a partner becomes the property of the firm A) When it is used for the business of the partnership B) When the property is owned by the partners C) When there is an agreement express or implied that the property is to be treated as that of the firm D) None of the above 46. The property of the firm includes ---- A) All property and rights and interest in property originallybrought into the stock of the firm B) All property and rights and interest in property acquired, bypurchase or otherwise, by or for the firm for the purposes and in the course of the business of the firm, and includes also the goodwill of the business C) Both (A) and (B) D) None of the above 47) Which of the following courts has the jurisdiction for trying an offence punishable under section138 of the Negotiable Instruments Act, 1881? A) Judicial Magistrate of Second Class B) Judicial Magistrate of First Class C) Chief Judicial Magistrate D) None of the above 48. A post dated cheque is only a --------------- when it is written or drawn, it becomes a cheque when it is payable on demand. A) Promissory Note B) Bill of Exchange C) Draft D) None of the above 49. The offence u/s 138 of the Negotiable Instruments Act is ---- A) Cognizable and bailable B) Non-cognizable and non-bailable C) Cognizable and non-bailable D) Non- cognizable and bailable 50. A promissory note is made by --------- A) Creditor B) Debtor C) Holder D) Drawee 51. Right of Indemnity Holder is specified in ---- A) Section 126 B) Section 125 C) Section 124 D) Section 123 52. X and Y go into the shop. Y says to the shopkeeper ‘let himhave the goods, I will see you paid’. This is a contract of ------ A) Guarantee B) Bailment C) Indemnity D) Pledge 53. Contract of Indemnity as defined in the Indian Contract Act,1872 covers only ------ A) Liability incurred by something done by the indemnified at therequest of the indemnifier B) Indemnity for loss caused by human agency C) Indemnity arises from loss caused by the events or accidentswhich do not depend upon the conduct of indemnifier or any other person D) None of the above 54. Which one of the following is not a party to a contract of guarantee? A) Principal Debtor B) Creditor C) Surety D) Pawnor 55. Anything done or any promise made, for the benefit of the principal debtor, may be a sufficient consideration to the surety for giving the guarantee. The statement is A) True B) False C) Partly correct D) None of the above 56. In a contract of guarantee, the person to whom the guarantee is given is known as ------ A) Principal debtor B) Creditor C) Surety D) Bailor 57. In a contract of guarantee, the liability of surety is ------ A) Primary B) Collateral and secondary C) Does not arise D) None of the above 58. Surety is a ---------- A) Favored creditor B) Favored debtor C) None of the above D) Both (A) and (B). 59. A guarantee obtained by means of keeping silence as to material circumstances is -------- A) Valid B) Void C) Invalid D) Voidable 60. A leaves a cow in the custody of B to be taken care of. The cow has a calf. In the absence of any contract to the contrary A) B is bound to deliver only the cow to A B) B is bound to deliver the calf as well as the cow to A C) B is bound to deliver the calf as well as the cow if he is plaid half the price of the calf. D) B is bound to deliver the calf as well as the cow if he is paid one third of the price of the calf. 61. An example of bailment without a contract is ------ A) Giving a vehicle in a workshop for repair B) Giving something in courier C) Finder of the lost goods D) None of these. 62. A finder of goods is A) Entitled to retain the goods B) Entitled to claim compensation when specific reward is offered C) Not entitled to claim compensation and thus not entitled to retain the goods D) Both (A) and (B) 63. Which of the following are the rights of bailee? A) Right of indemnity B) Right of remuneration C) Right of lien D) All the above. 64. Which of the following are the rights of bailor? A) Right to demand restoration of goods B) Right to get increase or profit from goods bailed C) Right to sue the bailee for the enforcement of the duties imposed upon a bailee D) All the above. 65. Which of the following is not an example of bailment? A) Giving clothes for dry-cleaning B) Keeping property in mortgage C) Giving clothes for tailoring D) Giving book for reading 66. ---------- entitles the bailee to retain those goods of the bailor for a general balance of the account. A) Particular lien B) General lien C) Ownership D) Pledge 67. An agent can be appointed by ---- A) A minor of sound mind B) Any person of sound mind C) A major of sound mind D) Any major of sound or unsound mind 68. An agent can lawfully employ a sub-agent ------ A) Originally B) If the nature of the agency permits C) If the ordinary custom of trade permits D) Both (B) and (C) 69. Who is Sub-agent? A) Who works under the main agent B) Who carries out the order and direction of a person under whom he works directly C) Who works on behalf of the main agent D) Employed by and acting under the control of the original agent in the business of agency 70. For the acts of sub-agent lawfully appointed A) The sub-agent is not responsible to the principal B) The sub-agent is responsible to the principal directly C) The agent is responsible to the principal D) The agent is not responsible to the principal 71. An agency may be created by ---- A) Expressly or impliedly B) Necessity C) Ratification D) All the above 72. ---------- is an agent who sells goods or other property byauction. A) Del credere agent B) Auctioneer C) Factor D) Broker 73. --------- is a mercantile agent who guarantees the performanceof the contract by the third person on the payment oof some extra commission. A) Broker B) Factor C) Auctioneer D) Del credere agenet 74. An agency comes to an end by -------- A) Performance of the contract B) Agreement between the principal and the agent C) Renunciation of his authority by the agent D) All of the above 75. An agency is irrevocable -------- A) Where the authority of agency is one coupled with interest B) Where the agent has incurred personal liability C) Both (A) and (B) D) None of the above. 76. The Sale of Goods Act, 1930 deals only with goods which are ------in nature. A) Immovable B) Movable C) Specific D) All the above 77. Goods identifiedat the time of contract of sale is called--------- A)Specificgoods B)Ascertainedgoods C) Clear goods D) Both (A) and (D) 78. ------- is the concept of “Let the buyer beware”. A) Unfair trade practices B) Caveat venditor C) Caveat emptor D) None of the above 79. ----------- and -------- are the two parties’ involved in a contract of sale. A) Customer and sales man B) Customer and supplier C) Seller and buyer D) Agent and principal 80. It is a standard rule that risk follows -------- A) Seller B) Property C) Buyer D) Possession 81. An agreement to sell the transfer of property in goods from theseller to buyer takes place --------- A) At the end of the contract B) Immediately C) In a future date D) D) Both (B) and (C) 82. Which of the following is not a subject matter in a sale of goods act? A) Trade mark B) Electricity C) Money D) Water 83. A consideration in a contract of sale must be --------- only. A) Goods B) Movable only C) Price D) Purchase 84. -------------------- means no one gives what they do not have. A) Caveat emptor B) Caveat venditor C) Nemo dat quod non habet D) None of the above 85. Baldry V. Marshal is a leading case relating to A) Fitness for buyer B) Sale under a patent or trade name C) Consent by fraud D) None of the above 86. Where the partnership is at will a partner can retire any time A) By consent B) By agreement C) By notice D) All of the above 87. A minor admitted to the benefits of a firm has a right to ------- A) Such share of the property and of the profits of the firm as maybe agreed upon B) Have access to and inspect and copy any of the accounts of thefirm C) Both (A) and (B) D) Any of the above. 88. A minor can A) Inspect the books of accounts and other books B) Inspect the book of accounts not othr books and papers C) Cannot inspect the book of accounts D) None of the above 89. When a minor becomes a partner, his personal liability commences from ------ A) The date of his first admission B) The date of majority C) The date fixed by all the partners D) Any one of the above 90. On the retirement of a partner, the firm – A) Ceases to exist B) Continues to exist C) Depends D) None of the above. 91. A partner may retire A) With the consent of all the other partners B) In accordance with an express agreement by the partners C) Where the partnership is at will, by giving notice in writing toall the other partners of his intention to retire D) All of the above. 92. Which of the following is a ground for dissolution u/s 44 of theIndian Partnership Act, 1932? A) Misconduct B) Permanent incapacity C) Unsoundness of mind D) All of the above 93. The Negotiable Instruments Act came into force on – A) 9thDec 1881 B) 1stMarch 1882 C) 9thDec 1882 D) 1stApril 1881 94. Promissory note is defined u/s -------- of the Negotiable Instruments Act, 1881. A) 4 B) 5 C) 7 D) 8 95. The maker of a bill of exchange or cheque is called -------- A) Holder B) Drawer C) Drawee D) Payee 96. The person who is directed to pay a bill of exchange is called -- A) Holder B) Drawer C) Drawee D) Payee 97. When does the offence u/s 138 of the Negotiable InstrumentsAct, complete? A) When the drawer fails to pay the cheque amount within 15 daysof the notice by the holder B) When information regarding dishonor is received by the holderfrom the bank C) When notice of dishonour is received by the drawer D) When the cheque is dishonoured. 98. A person committing an offence u/s 138 shall be punished withfor a term of imprisonment which may extend to A) 6 months B) 1 year C) 2 years D) 3 years 99. The drawee of a cheque is always a A) Company B) Payee C) Debtor D) Banker 100. ---------- cheque cannot be paid across the counter. A) Stale B) Mutilated C) Crossed D) Bearer
- Moral Judgment :- Philosophy
Moral Judgment : Nature of Moral Consciousness & Distinguish moral Judgment from Logical and Aesthetic Judgment . THE NATURE OF MORAL CONSCIOUSNESS Moral consciousness is the consciousness of right and wrong . It is the consciousness of men is distinctions . It is the awareness of the moral worth of acts and agents . It is the self's awareness of the character of an action as right or wrong . It is the apprehension of the moral quality of voluntary and habitual actions of rational agents or persons , and of the moral worth of their character . Moral consciousness is the awareness of the moral quality of voluntary actions of persons . It involves Cognitive or intellectual Affective or Emotional & Conative or Volitional Factors . ( 1 ) Moral Judgment is the main cognitive factor in moral consciousness . It involves intuition of the moral standard by reason and comparison of a voluntary action with it and evaluation of it as right or wrong . consciousness of right and duties , virtues and vices , merit and demerit . responsibility or accountability is also involved in moral consciousness . These are the Cognitive factors in moral consciousness . (2) The emotional factors include the moral sentiments . They are the feelings of approval and disapproval which accompany moral judgements . When we apprehend that an action is right , it excites a feeling of approbation in our minds . Moral judgements are followed by moral sentiments . Their existence is no criterion of the validity of moral judgements . Moral sentiments are not followed by mortal judgement . ( 3 ) Moral consciousness involves the regulation of the impulses by reason according to its conception of the highest good . Thus it involves choice at an action by the self . And it also involves the moral impulse to do the right action . All these are the conative factors in moral consciousness . THE NATURE OF MORAL JUDGEMENT Moral Judgement is a judgement of value as distinguished from a judgement of fact . A judgement of fact is a judgement of what is . A judgement of value is a judgement of what ought to be . The former is a descriptive judgement , while the latter is an appreciative or critical judgment- Moral Judgement is the mental act of discerning and pronouncing a particular action to be right or wrong . Mackenzie rightly observes that the moral judgement is not like a logical judgement ; that is not merely a judgement about but a judgement upon an action . Thus moral judgement is not a judgment about an action , but a judgement upon an action with reference to the moral ideal . It compares an action with the moral standard and pronounces it to be right or wrong . Moral judgement is a judgement of value as distinguished from a judgement of fact . It doesn't consider the nature of an action , but its moral value , rightness or wrongness . It judges what our actions ought to be . The moral quality of an action is recognized in this way . When we perceive a voluntary action , we compare it with the moral standard , and thus judge whether the action , is in conformity with it or not . In other words , moral judgement involves the application of a standard to a particular action . Thus it is clear that moral judgement is inferential in , nature , involving the application of a standard to particular action . But we must not suppose that our ordinary moral judgements always involve explicit reasoning or inference . Moral Judgement has objective validity . It is not determined by the subjective inclinations and prejudices of the person who makes the judgement . An action is right in a particular situation from the standpoint of the universe . A moral judgement presupposes a subject who judges , an object that is judged , standard according to which an action is judged and a faculty of judging or moral faculty . MORAL JUDGEMENT DISTINGUISHED FROM LOGICAL JUDGEMENT AND ESTHETIC JUDGEMENT Ethics , Logic and Aesthetics are normative sciences . They determine the nature of three supreme norms of ideals of life . Ethics is concerned with the ideal of the Highest Good . Logic is concerned with the ideal to Truth . Aesthetics is concerned with the ideal of Beauty . Thus logical judgements refer to the ideal of Truth . Aesthetic judgements refer to the ideal of Beauty . But moral judgements refer to the ideal of supreme Good . All of them are appreciative or critical judgements . But moral judgements are always accompanied by moral obligation and moral sentiments which do not accompany logical and aesthetic judgements . When we judge an action to be right , we feel under moral obligation to perform it and have a feeling of approval . Moral obligation is the sense of duty or oughtness . Moral judgements , are obligatory in character and accompanied by moral sentiments . Therefore they cannot be reduced to logical or aesthetic judgements , which are lacking in moral obligation and moral sentiments . THE OBJECT OF MORAL JUDGEMENT Voluntary actions and habitual actions are objects of moral judgements . Non voluntary actions are excluded from the scope of moral judgment . Habitual actions are objects of moral judgements , because they are results of repeated voluntary actions . Thus ultimately only voluntary actions are judged to be right or wrong . Whatever is not willed has no moral worth . Voluntary actions imply the freedom of the will . But a voluntary action consists of three main steps . 1) The mental stage of spring of action , motive , intention , desire , deliberation , choice and resolution . 2) The organic stage of bodily action ; 3)The external stage of consequences . Now , The question arises : DO WE JUDGE AN ACT BY ITS MOTIVES , OR IT CONSEQUENCES ? Moral Judgement is not passed upon all kinds of actions but only upon conduct . But conduct or willed action has two aspects ; it is will and it is action ; it involves an internal factor and an external factor . There is a hot controversy between Hedonists and Intuitionists . The Hedonists maintain that the rightness or wrongness of an action depends upon the consequences , while the Intuitionists maintain that it depends upon the motive . " If motive are good or bad " , say Bentham , it is on account of their effects . Similarly , J.S. Mill says , " The motive of an action has nothing to do with the morality of the action , though much with the worth of the agent . " Bentham and J.S. Mill , who are Hedonists , take the term motive in the sense of springs of action . Feelings of pleasure and pain are the springs of action . Martineau also maintains that motives or springs of action determine the moral quality of action and gives a long list of the springs of action , considered psychologically and ethically . His view will be considered later . Butler and Martineau are Intuitionists . 2 ) IF MOTIVE ALONE OR INTENTION THE OBJECT OF MORAL JUDGEMENT ? Bentham takes motive in the sense of pleasure and pain which are springs of action . He says , " A Motive is substantially nothing more than pleasure or pain operating in a certain manner . Bentham takes intention in the sense of the end or aim of action which persuades the agent to act or dissuades him from acting . Therefore , he regards intention as the object of moral judgement . J.S. Mill also holds that motive in the sense of the spring of action or feelings of pleasure and pain is not the object of moral judgement , but that intention or the end or aim of action is the object of moral judgement . ' This view is wrong . The spring of action , or the feeling of pleasure and pain , is not the motive . It is blind and irrational . It cannot move a rational agent to act . The motive is the end or aim of action . It is the final cause of action . It is not its efficient cause . It does not move the self to act from behind . It induces the self to act . Therefore , motive in this sense , is the object of moral judgement . But the feelings of pleasure and pain , which a re the brings of action , are never the objects of moral judgements . They are morally colourless as Bentham Says . So far Bentham is right . 3 ) IS INTENTION OF CHARACTER THE OBJECT OF MORAL JUDGEMENTS Intention is not an isolated mental phenomenon . It is the expression of character . It is always influenced by the permanent disposition of the mind or character acquired by repeated voluntary actions . Therefore , some hold that character is ultimately the object of moral judgment . It is better to hold that intention is the object of moral judgement intention of the agents determines the moral quality of an action But we do not deny that a voluntary action on which moral judgement is passed is the expression of a person's self . It as follows : 1 ) A voluntary action or an action for the realization of a chosen end is the object of moral judgement . 2 ) The external consequences which is the expression of the inner motive or intention is the object of moral judgement , foreseen and intended consequence determines the moral quality of an action . 3 ) When the out consequence does not tally with the inner motive , it is the motive , and not the consequence that is the object or moral judgement . 4 ) But the motive alone does not determine the moral quality of an action . Intention which includes motive determines its moral quality . The end and the means both must be good in order to make an action right . The end never justifies the means . If the end is good but the means adopted is bad , the action should be regarded as wrong . 5 ) It is wrong to hold that character is always the object of moral judgment . It determines the moral worth of a person , but not of his particular actions . The moral quality of an action is always determines by the intention of the agent . THE SUBJECT OF MORAL JUDGEMENT Who passes moral judgement ? It is the rational self or ideal self that passes moral judgement . It passes moral judgments on its motives , intentions and actions . And it passes moral judgements on the motives , intentions and actions of others also . Mackenzie means by the subject of moral judgement the point of view from which an action is judged to be good or bad . A person judges an action to be right or wrong from the standpoint of an ideal standard . Shaftesbury , an advocate of the moral sense theory , holds that a work of art is judged to be good or bad by the connoisseur . The artist appeals to the judgment of the connoisseur of appreciation of beauty . Similarly , when we deal with conduct , we appeal to the judgement of the moral connoisseur . Art aims at the production of a certain result . The connoisseur is the only judge whether such a result is beautiful or ugly . But in morality the action rather than its result that is judged . Now this action has been already judged by the person who acts . He has deliberately chosen the action . If his action is wrong , it is judged to be wrong not merely by the moral connoisseur , but by himself when he reflects upon it . Thus the subject of the moral judgement is not , the moral connoisseur , but the person himself who does the action . The ideal or rational self is the subject of moral judgement . Adam Smith holds a view similar to that of Shaftsbury . He holds that a person passes moral judgements on his own actions , and those of others from the standpoint of an impartial spectator . We pass moral judgements upon the conduct and the character of other people . Then we find that they also pass moral judgements upon our conduct and character . Thus we come to reflect upon our own motives , intentions , and actions and become anxious to know how far we deserve their censure or applause . Thus we become spectators of our own behaviour . " When I endeavour " , says Adam Smith , " to examine my own conduct , I divide myself , as it were , into two persons . I , the examiner and judge , represent a different character from that other I , the person whose conduct is examined into and judged of . The first is the spectator . The second is the agent . The first is the judge ; the second the person judged of . " Thus Adam Smith was led to the idea of the impartial spectator " from whose point of view our moral judgements are pronounced . In passing moral judgements we must appeal from the opinions of the mankind to the higher tribunal of our own conscience to that of the " impartial spectator . " This view contains a core of truth . The point of view of moral judgement is that of unbiased reason . We ought to view our own actions as impartial spectators , as we view others ' actions . The spectator or the judge in a person in an ideal self . The person judged of is the actual self . Then , it is true that moral consciousness is evolve through intercourse with moral society . But it is not necessarily true that we judge other's actions first , and then our own actions first , we become clearly conscious of our own motives and intentions and judge them to be right and wrong , then we infer the motives and intentions of others persons from their actions in the light of our own experience . Distinguish Ethical Statement from descriptive statement . A description is just what you think it is : It describes a situation or what a philosopher might call a state of affairs . For example . The car is red . " The river is flowing quickly . I'm sad that my juicer is broken . " " Brutus killed Caesar . " A normative statement is a claim about how things ought to be . For example , " Jazz is better than pop music . " " If you want to pass the exam you should study , " " Killing an innocent person is wrong . " The poi nt here is to see that there is a difference between descriptive claims and normative claims . The question of whether normative judgments are anything more than opinion is a question that philosophers debate and discuss . This distinction is sometimes also referred to as the " is / ought distinction or the " descriptive / prescriptive distinction . An additional example is below : Nature of Moral Judgment Moral judgment is a judgment of values . It is distinct from the judgment of facts . A Judgment of value is a judgment of " what ought to be " . But a judgment of fact is a judgment of " what is " . Judgment of fact is a descriptive judgment , while moral judgment is an appreciative or critical judgment . So , moral judgment is a mental act of pronouncing a particular action to be right or wrong . According to Mackenzie , moral judgment is not merely to state the nature of some object , but to compare it with a standard and to pronounce it to be good or evil , right or wrong . So , it is normative . Muirhead says that moral judgment is concerned with the judgment upon conduct , the judgment that such and such conduct is right and wrong . The judgment upon conduct has a judicial sense and the judgment of fact has logical sense . Thus , when we perceive a voluntary action we compare it with the moral standard and thus judge whether the action is in conformity with it or not . So , it is clear that , moral judgment is inferential in nature , involving the application of a standard to a particular action . But in the language of Bradley , ordinarily moral judgment is intuitive and immediate . Because , we intuitively brings an action under a moral rule recognized by the community and judge it to be right or wrong It is only in difficult or doubtful cases that we consciously compare an action with the moral ideal and judge it as right or wrong . Hence , we can find out that a moral judgment presupposes a subject , who judges an object that is judged , a standard according to which an action is judged . Again , it is important to observe that moral judgment is distinguished from logical and aesthetical judgment . As we know Ethics , Logic and Aesthetics are normative science . And accordingly they have three supreme norms and ideals of life . Ethics is concerned with the ideals of Highest Good , logic is concerned with the ideal of Truth and aesthetics is concerned with the ideal of Beauty . It is true that all of them are appreciative or critical judgment . But moral judgments are always accompanied by moral obligation and moral sentiments , which are not accompanied by logical and aesthetics judgments . When we judge an action to be right , we feel a moral obligation to perform it and have a feeling of approval . And we judge an action to be wrong , we feel that under moral obligation we are not to perform it and therefore , we have a feeling of disapproval . Feeling of approval , disapproval , rightness , wrongness etc. are called moral sentiments . Thus , moral judgments are obligatory in character and are accompanied by moral sentiments . So , they differ from logical and aesthetic judgments which are not accompanied by moral obligation and moral sentiments . Moral judgements , whether something is good or bad in its own right are contained wholly in the field of ethics . In the process of reasoning also we find different classes of judgements and they are usually judgement of facts . But moral judgement as a judgement of value is concerned with what ought to be . It judges our actions ought to be . It has distinctive features . It is critical judgement and appreciative . It is the mental act of discerning and pronouncing a particular action to be right or wrong . After evaluation and deliberation actions are to be judged in conformity with a standard . " To speak the truth is always right ' is a moral judgement . Moral judgement differs from judgement of fact which is descriptive judgement and it describes what is . Judgements of facts are more objective because they depend on the real nature of the world . For example ' Water is composed of oxygen and hydrogen ' . Moral judgement is inferential in character though the element of inference generally remains implicit . It involves the application of a standard to a particular action . When we perceive a voluntary action , we compare it with the moral standard and we judge whether the action is in conformity with it ot . Ordinarily moral judgements are intuitive and immediate . F.H. Bradley says that they are intuitive subsumptions . But in complex and doubtful cases the whole process is becomes explicit and reflective . In complicated circumstances the moral standard is explicitly held before the mind and applied to the cases under consideration . How are the moral judgements different from logical judgements ? . Moral judgements are distinguished from logical judgements . Logical judgements refer to the ideal of Truth and it is merely a judgement about . But moral judgements refer to the ideal of supreme Good . The supreme Good or the highest Good is the ultimate standard of moral judgement . . In moral judgement there is always moral obligation and moral sentiments . Moral obligation is the sense of duty or oughtness . Again , moral judgements are accompanied by a feeling of approval or disapproval , feeling of complacence or remorse etc. when we judge an action to be right , we feel under moral obligation to perform it and have a feeling of approval . When we judge an action to be wrong we feel under moral obligation not to perform it and have a feeling of disapproval . But all are lacking in logical judgement . Mackenzie holds that moral judgement is a judgement upon action with reference to the moral ideal . For him moral judgement is not like a logical judgement which is a judgement about an action . He says that moral judgement does not consider the nature of an action , but it considers its moral value . Muirhead says that moral judgement is not a judgement in the logical sense of a ' proposition ' but that it is a judgement in the judicial sense of a ' sentence ' . Let us now see how moral judgements differ from Aesthetics judgements . Moral judgements are also distinguished from Aesthetic judgements . Though moral judgements and aesthetic judgements are the matter of normative sciences , but their norms are different . Moral judgement deals with the ideal of Highest Good whereas aesthetic judgement deals with the ideal of Beauty . Again , aesthetic judgements are not accompanied by moral obligation and moral sentiments . On the other hand moral judgements are obligatory in nature and accompanied by moral sentiments . Moral judgement has objective validity . An action is right in a particular situation from the standpoint of the universe . It is not determined by the subjective inclination and prejudices of the person who makes the judgement . OBJECT OF MORAL JUDGEMENT : Moral judgments are passed on the voluntary actions and habitual actions . Actually habitual actions are voluntary actions turned into habit after constant repetitions . Hence , only voluntary actions are objects of moral judgement and they are judged to be right or wrong . Voluntary actions imply the freedom of will . Non voluntary actions are outside the scope of moral judgement . Voluntary action has some internal factors : i ) The mental stage of spring of action , motive , intention , desire , deliberation , choice and resolution . ii ) The organic stage of bodily action . iii ) The external stage of consequence Now the question arises 1. Do we judge an act by its motives or by its consequence ? Or Is motive or consequence of a voluntary action the object of moral judgement ? 2. Is motive alone or intention the object of moral judgement ? 3.Is intention of character the object of moral judgement ? Let us discuss these issues briefly 1. We find a controversy amongst the moral philosophers regarding the answer of the first question - whether moral quality rests on the consequence or the motive of an action . The hedonists hold that the rightness and the wrongness of an action rest on the consequence as the motive of an action is the ordinary spring of action . Bentham and J.S. Mill take the term ' motive ' in the sense of spring of action . Bentham says that whether motives are good or bad depends on account of their effects . Mill also holds that the motive of an action has nothing to do with the morality of the action , though much with the worth of the agent . But the intuitionists especially Kant , Martineu and Butler hold that it is the motive which is the object of moral judgement with this consideration , Kant made his famous statement that there is nothing in the world or even out of it that can be called good without qualification except a goodwill . By ' goodwill ' Kant meant the firm desire and fixed purpose to do something good . The moral quality of an action is determined by the goodwill that motivates it and not upon consequence . Martineau made an attempt to make the proper object of moral judgement and said that motives or springs of action determine the moral quality of an action . He gives a long list of the springs of action considered psychologically and ethically . Butler also says that the rightness and wrongness of an action depends very much upon the motive for which it is done . Motive and Consequence Motive and consequence are not really opposed to each other . 1. The motive is the inner idea of the outer consequence as foreseen and desired . 2. The consequence is outer manifestation of the inner motive . 3. When there is a harmony between the inner motive and outward consequence , both are the objects of moral judgements . 5. But when there is a conflict between the inner motive and the outer consequence , the moral quality of an action is determined by the inner motive and not by the consequence . 6. Sometimes it is found that the motive is good , but the consequence turns bad and in that case the action is good . Sometimes the motive is bad , but the consequence turns out to be good and in that case the action is wrong . 2. Now the second problem Is motive alone or intention the object of moral judgement ? The answer is that the motive alone does not determine the moral quality of an action . In passing the moral judgement on an action we must consider the motive wherefrom the act springs , but can not judge the action simply upon it alone . In judging the moral character of an action we should always consider not only the motive or the end of the agent but also the means which he is adopting in order to realise the end . To judge an action simply on merit of motive is to follow the dangerous principle of the ' end justifies the means . " If this principle is adopted then immoral actions are to be justified . From this it is clear that motive alone can not determine the moral quality of an action . Intention also which includes motive determines the moral quality of action . Bentham and Mill hold that intention is the object of moral judgement . We may conclude that an action is good if and only if it is good i.e. both the end and means are good ; and it is wrong if any one of these two is bad . Mackenzie mentioned different classes of intention like mediate and immediate , inner and outer , indirect and direct etc. and all of these classes are the object of moral judgement . Again , there is another problem and the problem is that in our own case we know our own intention thoroughly well , but how can we know the intention of others ? We shall try to know the intention of others by the external manifestation . Intention is the external manifestation of character . Moral judgement is passed on the character of the age nt as expressed in and through his intention . The moral agent himself is the object of moral judgement . • Motive and Intention , Means and Ends . Bentham and J.S.Mill take the term motive in the sense of spring of action or feelings and emotions , and the term intention in the sense of the aim , object or end of action . Motive is the efficient cause of action , whereas , intention is the final cause of action . But this is wrong . Motive and intention both are the final causes of action . Only intention is wider that motive . Motive is a part of intention . The motive of a voluntary action is the chosen end which is realised by it induces the self to act . But in order to realise an end . We have to employ means . The end may be pleasant . But it may be realised through an unpleasant . Thus intention is wider than motive . It consists of the ideas of the chosen end or motives chosen means agreeable or disagreeable and also the foreseen consequences of the action . The motive of an action is the idea of the and that induces a person to perform it . This must be included in the intention , but is not identical with the whole of it . Intention includes the idea of the means which may dissuade the agent from performing the action . When terrorist resorted to robbery and murder to liberate India from foreign rule , their motive was freedom of India . While their intention included robbery and murder . Thus intention is wider than motive . It includes the idea of the chosen end , the idea of the chosen means , and the idea of the foreseen consequences .
- International Non - Governmental Organisations ( NGOS )
International Non - Governmental Organisations ( NGOS ) www.lawtool.net There are more than seventeen hundred of such organizations formed by non-officials. The part played by them is that of pressure groups . They supply information to governments and urge them to take the action they recommend on international issues . They supply information to international organisations and at international conferences , and urge action . While officials of states participate in taking decisions affecting the international community in a most crucial way , and the international civil servants play a minor part , the office - bearers of NGOs have only the part of supplying information and urging or recommending action and have no direct part in taking decisions . Establishment Of European Commission On Human Rights The Convention provided for the establishment of European Commission to act as an impartial international organ to which complaints could be made on the failure of any Member State to secure to anyone within its jurisdiction the rights and freedoms as defined in the Convention . The Commission comprises the number of Members equal to the number of parties to the Convention , and petitions from any person , non - Governmental organisations or group of individuals claiming to be the victim of a violation by one of the High Contracting Party against which the complaint has been lodged has declared that it recognises the competence of the Commission to receive such petitions . The Commission may receive applications from any person , non - Governmental organisation or group of individual claiming to be the victim of a violation by one of the States Parties of the rights set forth in the Convention . On failure to arrive at a friendly settlement the Commission as a whole was to draw up a report and state its opinion breach of the obligations by the State concerned . Under Article 31 , the Commission would forward its report to the Committee of Ministers by making necessary proposals . The High Contracting Parties undertook to regard as binding on them any decision of the Committee of Ministers in this respect taken by a majority of two - thirds of the members entitled to sit on the Committee . European Commission Individuals also entitled to petition before the Commission Any alleged breach of the provisions of the Convention by a High Contracting Party could only be reported by a member State , unless the Government concerned recognised the competence of the Commission to receive petitions from the individuals . Under Article 25 , six declarations of acceptance were essential before the right of individual petitions could be exercised . However , it was difficult to obtain unanimity as to the right of the individual to petition to the Commission directly . Accordingly a compromise formula as mentioned above was reached . But there was no consonance with the spirit of the Convention for , according to Robertson observed in one of the articles that " when the object of the agreement is to protect not States but individuals , the real party in interest , if breach of the agreement occurs , is the individual whose rights have been denied . It is , therefore , this individual who stands in need of a remedy , and remedy he needs is a right of appeal to a tribunal which is competent to call the offending party to account . " The European Court Of Human Rights Established Under The Convention The European Convention for Human Rights provided for creation of an European Court on Human Rights . This Court was to have jurisdiction in respect of those States which had expressly accepted its compulsory jurisdiction under Article 56 , the minimum number of eight declarations accepting its compulsory jurisdiction must be made before a case is brought before the Court . When the necessary declarations are made , the Court starts its functioning . The Commission also referred many cases before the Court . When a State recognises the jurisdiction of the Court , the Court assumes its jurisdiction . The number of the Judges of the Court is equal to that of the Members of the Council of Europe . The Court has to constitute a chamber of seven Judges for consideration of a case . This chamber of Judges must include a Member judge of that State which is concerned with the action . Such Judge will be the ex - officio Judge of the chamber . The Court would deal a case only after the commission has acknowledged the failure of efforts for a friendly settlement within three months from the Commissioner's report to the Committee of Ministers . The Court has to give a final decision over the matter referred to it by a party to the Convention . The jurisdiction of the Court would extend to all cases concerning the interpretation and application of the Convention which the parties to the Convention or the Commission refer to it : Provided that the parties have declared that they recognize as compulsory the jurisdiction of the Court and that if the case is referred to the Court by a party to the convention ; and that party must be either the State the national of which is alleged to be the victim , or the State which referred the case to the Commission , or the State against which the complaint has been lodged . Under Article 50 of the Convention , the judgement of the Court becomes final when it is read by the President at a public hearing is transmitted by him to the Committee of Ministers for the purposes of the application of the relevant provision to the Convention . If the Court finds that a decision or measure taken by a legal authority or any other authority of a High Contracting Party is completely or partially in conflict with the obligations arising from the present convention , and if the internal law of the said party allows only partial separation to be made for the consequences of the decision or measure , the decision shall , if necessary , afford just satisfaction to the injured party . Robertson concluded that " the European Convention on Human Rights is an imperfect document , but it represents a big step forward . It constitutes a great advance on the Universal Declaration of Human Rights of the United Nations since the latter amounted in the last analysis to nothing more than an expression of intentions , whereas the European Convention contains specific legal commitments which have been accepted by fifteen Governments . The most important 40 innovations which it was hoped that the European Convention would contain were two , the granting to individuals whose rights are denied of right access to an international organ capable of protecting them ; and the institution a judicial body on the international plane competent to sit in Judgement on national Governments . Unfortunately , it was not politically possible at this juncture to obtain unanimous agreement on the acceptance of these two provisions . Each of them remains optional in the sense that it is not necessary . consequence of signature on the convention , but depends on an express supplementary declaration by the States concerned .
- HISTORICAL DEVELOPMENT OF THE CONCEPT OF HUMAN RIGHT
Section 2(d) of the Protection of Human Rights Act, 1993 defines Human Rights as in this Act unless the context otherwise requires human rights means the rights relating to life, liberty, equality and dignity of the individual guaranteed by the Constitution or embodied in the International Covenants and enforceable by courts in India. Article 19 of the Constitution of India deals with protection of certain rights regarding freedom of speech, etc. The Concept of Human Rights has developed through different stages in history. The primary aim of Human Rights/was to put restrictions upon the authoritarian power of the State. Therefore, initially the concept of Human Rights was limited to the concerned respective state only and varied from State to State. In the earlier stages, the concept and benefits of Human Rights remained primarily confined to the higher classes of people. The purpose of "MAGNA CARTA" which was signed in the thirteenth century was to protect the rights of the Lords in England. Very few of the provisions of "MAGNA CARTA" were applicable to the general public. The Bill of Rights, 1689 later declared certain freedoms available to all citizens. In its Declaration of Independence, 1776, the United States of America has declared certain inalienable Human Rights. Similarly, after the French Revolution, it was declared in France that "All men are born free, they remain free and they have equal rights". During the periods of French Revolution, the Russian Revolution, the two World Wars and even thereafter, to some extent, due to independence of certain countries, the idea was gathering: momentum that amidst all the activities of the State, the HUMAN BEING should remain at the centre. The State should not commit atrocities upon its own citizens. Every State, after all, wants to achive stability peace and progress. Sometimes, the need to put need to put restrictions upon the people's rights which just felt. However, rights is, of course, felt. However, are certain rights, which just cannot be violated at any time by the State. These rights are known as Natural Rights." Rights. human Rights are recognised for the personal development of a human being. Amongst all Human Rights, all Human Rights, the right to security is the an Right. If a human being has no security, then there for the existence of Society or the State. Even if the right to security is not enlisted by the constitution of any State or by ** Statute, it is the primary duty of a State to protect the right to security and the other natural Human Rights; and in this sense these Human Rights are Natural Human Rights. The Right to Equality is also one such, natural Human Right. Articles 14 of the Constitution of India has recognised this right. Equality lies in the humanness of all human beings. Every human being has an instinct to live and sustain his life. A human being also has an instinct for struggle. A human being not only wants, to live, but he also wants to make his life happy and rich. Every human being wants his physical, intellectual and moral aspects to be enriched. Every one wants certain freedoms. A desire to have freedom means a desire to develop one's abilities to the fullest extent. The concept of Human Rights is to remove all hurdles blocking the development of a human being and creating a suitable environment for the personal development of all human beings. The Human Right to Equality means that no human being is higher or lower in the eyes of the LAW. Therefore, there should be no discrimination on the ground of religion, race or caste. Even if one belongs to a minority, he should be treated equally. Similarly, there should be no discrimination between males and females. A human being should not be unequally treated only on the ground of that human being, being a female. If someone has special merits, his social status is higher than others. For example, Prof. Amartya Sen has been awarded a Nobel Prize and therefore he is well appreciated every where. But the mere fact of Prof. Amartya Sen being honoured, recognised and appreciated does not create any hindrance to the progress of others. The concept of Human Rights is a part of International Law. In fact the concept of Human Rights has acquired an international status because it has crossed all geographical boundaries and it has been recognised throughout the world today. Internationally, the idea has been universally accepted that the group of Human Rights forming these natural Human Rights must be accepted by every State for the development of a human being. It is for this reason that the United Nations Organisation has framed the Declaration of Human Rights on 10th December 1948. The concept of Human Rights is born out of protest against dictatorship and poses a struggle against the totalitarian power of the State. But, this is not enough. All human beings should also have the right to participate in all political processes. If only one individual is empowered to take all the decisions of the State, then it is dictatorship. Dictatorship violates the right to equality. The right to equality is applicable even in the economic field. Inequality, prevailing in the economic field, should necessarily be removed and every individual should have the right to work. A human being is able to enjoy Human Rights to the fullest extent only when his primary basic minimum requirements like food, clothing and shelter are satisfied. When any State's constitution or any legislation has given Human Rights to its people, but unemployment, poverty or starvation are prevalent in that State, then Human Rights do not carry any meaning in that State. The Constitution of India has also given certain Human Rights to the people of India. However, our country faces acute problems of economic inequality, unemployment, a high rate of child mortality, and vast prevalence of child labour. There are nearly 30 crores of our people living below the poverty line. In such a situation, Human Rights remain merely on paper. The Right against exploitation (Art. 23 of the Constitution of India) is a similar Human Right, which apparently remains merely on paper. The Right against Exploitation includes a group of allied Human Rights. Even after over 72 years of Independence, we come across cases of refusal to employ females. This is a form of exploitation of females. To prevent this form of exploitation of females, we have enacted the Equal Remuneration Act, 1976. Unequal treatment to women is also one form of exploitation. For example, under Hindu Law, women are not given an equal share of the family property. Similarly, under Muslim Law, liberty to a husband to have four wives at a time, or, the superior right of Talaq (divorce) and the absence of a similar or corresponding right of talaq of a similar or corresponding right of Talaq (divorce) to the wife, are examples of women's exploitation. The widespread prevalence of child labour is also another form Os exploitation. Similarly, the Rights to Freedom of Religion, Education, Health, Environment etc. are Human Rights. The concept of Human Rights is not now confined merely to the protection of a person against the State's totalitarian power. Human Rights aim to create a suitable environment for the development of a human being. Though, in our Constitution, there is no mention of the Right to Education as a fundamental right; (it is most likely to be includan the group of Fundamental Rights). In fact, the Supreme Court has declared the Right to Education as a fundamental right awam back as 1993 in the case of Unnikrishnan. (1 1993 1 sec P8: Oto various landmark rulings, the Supreme Court of the Supreme Court of India has declared that Art. 21 include the Right to Health, Right to Environment, the Right to Life and the Right to Live with Dignity. All these are Human Rights. Origin and Development of Human Rights The conception of human rights is not the very modern, though it appears to be so. The roots of human rights are found very deep in the eternity in the ancient and ancient most cultures, which have been rooted out by passage of time and rule of human atrocities or barbarianism of certain tribes. Historical Background The origin and development of Human Rights has been on two bases, the first is the National and the second is the International. On the National base, the conception of Human Rights got its breed to originate and develop in the form of religion in different countries and in different times. The conception may be felt to originate in the ideas of mercy, kindness and pity on human beings in various scriptures. Vedas are the most ancient or the first, religious book of mankind. revealed in Aaryaavarta the Great Land of Aryans. The following preaching in the Yajurveda throws a prism of light on friendly dealing and behaviour with all creatures of the world what to say of only human beings: Drite drinha maa mitrasya maa chakshasha servaani bhootaani sameekshantaam Milrasyaham chakshusha sarvaani bhootani sameekshe mitrasya chakshushaa Sameekshaa make (Yaju. 36-18). Oh Lord! Let my eye view be firm in order that all creatures may look at me by friendly sight. In the same way I also may see all creatures with friendly sight and all of us creatures may see each other in friendly view. In most references, leaving lust, anger etc. mental dereliction's and narrowness, to deal with others with truth and liberality has been preached in the Vedas: 'Vasudhaiva Kutumbakam the whole world is certainly one family, has been preached and pressed in vedic literature. And on the National Level India is the first who have originated and respected the conception of International law. In the Babylonian Laws the seeds of International Law may be traced in the reign of Laigas Uruka of Laigas (3260 B.C.) Sergon of Akkar (2300 B.C.) and Hammubaric of Babylon (1792-1750 B.C.). Similarly, in the Assyrian Laws in the reigns of Tighalat Pilashar 1st (1115-1077 BC) and in the Hittites Laws in the reign of King Telpenus. Similarly, these laws may be found in the Jurisprudence of Laoj and Confusius (550-478 B.C.). In the city states of Greece the right of equal freedom of speech-isogorie, equality before law-isonomia, the right of vote-jus subragie, the right to be elected to public office-jus honorum, the right to trade-jus commercii, the right of access to justice-jus actionis may be found to have been prevalent. The roots of protection of human rights may be found in the-civil law-jus civil and the law of nations-jus gentium of the Romans. In the Greek and Roman Laws, the principles of International Law appear to be attached with the principles of natural justice- The stoic philosophers found all creatures being pervaded by a Universal Power, which principle was already established in the period of Mahabharata (5000 B.C.) in India as in Bhagwad Geeta a chapter of Mahabharata, Lord Krishna said : Samam saroeshn hhootishu tishthantam Parmeshwaram Vinashyatsu auinashyantam yah pashyati sah pashyali. One who sees the Supreme Power equally existing among all creatures, being destroyed their bodies, but undestroying power, he alone verily sees. as the end of the middle ages, the liberal political principles ahliated with the principles of natural justice and a social need cognition of human rights was fell: to be turn into reality rather a W philosophy. Accordingly, since the 13th century till the Peace of "estphalia, 1648 and during the Renaissance when feudalism was eliminated, such finance changes began to be brought out. When restraint against religious intolerance and political as well as economic slavery was begun and specially the age of long changes as to the use and ownership of property experiments, began, we may tell that the real foundation of Human Rights was laid down. During this very period, the failure of the Rulers to fulfil the mandates of natural law and unexpected liberty of individual expression, the principles of natural law took their steps to take shape of human rights. As evidence to this fact the teachings of Thomas Axenag (1224 25-1274) and Hugo Grotius (1583-1169) in the Continent of Europe and specially Magna Carta. Petition of Rights and Bill of Rights in England may be taken. Charters of Liberty Charters of Liberty are steps towards the realization and implementation of Human Rights. Magna Carta of 1215, Petition of Rights of 1628, (Habeas Corpus. Act of 1679, Bill of Rights of 1689 are some of such steps taken in England. Magna Carta Magna Carta was imposed upon King John by the Prelates, Earls and Barons, after having defeat at the hands of the King of France. This declaration of freedom dealt with the rights of different contemporary sections of the society; for instance, that the churches will be independent of the control of the King, London and other cities will be free to utilise or practice their freedoms and customs. Unjust taxes will not be imposed upon traders or businessmen and so on. A very important article of this declaration was Article 39 which provided that no free person shall be made a prisoner, evicted by unjust means, exiled from the country, or will not be killed or murdered or executed in any way unless such action was permissible bý some decisions of the House of Lords or the law of the land and neither anyone shall be deprived of justice. Petition of Rights Petition of Rights/was allowed by Charles First in 1628. This was a Parliamentary declaration in which freedoms of people were dealt with. For example, that no body shall be indebted nor taxed without the permission of the Parliament, nobody shall be imprisoned in an arbitrary way. No martial law commission shall be used in the times of peace. If somebody has been sent to jail, then either he will be released on bail or be acquitted and the judges will not pay any heed on the orders of sentence. Habeas Corpus Act Habeas Corpus Act was officially titled as an Act for the Better securing the Liberty of the subject for Prevention of Imprisonment beyond the Seas This Act was enacted by Charles Second in 1679. This Act was mainly concerned with the prisoners who were imprisoned in some criminal offence, that the validity of his sentence be expeditiously heard. By this provision protection of the freedoms of the people of the country was enforced. Bill of Rights Bill of Rights was officially titled as an Act for Declaring the Rights and Liberties of the subjects and for settling the succession of the Crown, 1989. This Act was enacted at the time when William of Orange and Mary Stuart were ascended the throne of England. The object of this Act was to substitute the Habeas Corpus Act, 1579 so that it would give benefit to those persons also who were imprisoned on some other charges than the criminal charges. The limitation under which the King would take decision was specified. Through this Bill the power of the King to suspend a law or the execution of law by a legal authority was condemned and it was provided that the King cannot do so without the approval of the Parliament.
- Universal Declaration Of Human Rights, 1948
HUMAN RIGHTS www.lawtool.net Universal Declaration Of Human Rights 1948 Adopted and proclaimed by General Assembly Resolution 217A ( III ) of 10th December 1948 Preamble 1) Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom , Justice and peace in the world . 2) Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind , and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people .. 3) Whereas it is essential , if man is not to be compelled to have recourse , as a last resort , to rebellion against tyranny and oppression , that human right should be protected by the rule of law . 4) Whereas it is essential to promote the development of friendly relations between nations . 5) Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human right , in the dignity and worth of the human person and in the equal rights of men and women . have determined to promote social progress and better standards of life in larger freedom . Whereas Member States have pledged themselves to achieve , in co - operation with the United Nations , the promotion of universal respect for and observance of human rights and fundamental freedoms . 6)Whereas a common understanding of these rights and freedom is of the greatest importance for the full realization of this pledge . The General Assembly proclaims This Universal Declaration of Human Rights as a common standard of achievement for all peoples and all nations , to the end that every individual and every organ of society , keeping this declaration constantly in mind , shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures , national and international , to secure their universal and effective recognition and observance , both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction . Article 1 All human beings are born free and equal in dignity and rights . They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood . Article 2 Everyone is entitled to all the rights and freedoms set forth in this Declaration , without distinction of any kind , such as race , colour , sex , language , religion , political or other opinion , national or social origin , property, birth or other status . Article 3 Everyone has the right of life , liberty and security of person . Article 4 .NO one shall be held in slavery or servitude , slavery and the slave trade shall be prohibited in all their forms . Article 5 No one shall be subject to torture or to cruel , inhuman or degrading treatment or punishment . Article 6 Everyone has the right to recognition everywhere as a person before the law . Article 7 All are equal before the law and are entitled without any discrimination to equal protection of the law . All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination . Article 8 Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by Constitution or by law . Article 9 No one shall be subjected to arbitrary arrest , detention or exile . Article 10 Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal , in the determination of his rights and obligations and of any criminal charge against him . Article 11 1) Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence . 2) No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence , under national or inter - national law , at the time when it was committed . Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed . Article 12 1)No one shall be subjected to arbitrary interference with his privacy , family , home or correspondence , nor to attacks upon his honour and reputation . Everyone has the right to the protection of the law against such interference or attacks . Article 13 1) Everyone has the right to freedom of movement and residence within the borders of each State . 2) Everyone has the right to leave any country including his own , and to return to his country Article 14 1) Everyone has the right to seek and to enjoy in other countries asylum from persecution. 2) This right may not be invoked in the case of prosecutions genuinely arising from non - political crimes or from acts contrary to the purposes and principles of the United Nations . Article 15 1) Everyone has the right to a nationality 2) No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality . Article 16 1) Men and women of full age , without limitation due to race , nationality or religion , have the right to marry and to found a family . They are entitled to equal rights as to marriage , during marriage and at its dissolution . 2) Marriage shall be entered into only with the free and full consent of the intending spouses . 3)The family is the natural and fundamental group unit of society and is entitled to protection by society and the State . Article 17 1) Everyone has the right to own property alone as well as in association with others . . 2) No one shall be arbitrarily deprived of his property Article 18Everyone has the right to freedom of thought , conscience and religion ; this right includes freedom to change his religion or belief , and freedom , either alone or in community with others and in public or private , to manifest his religion or belief in teaching , practice , worship and observance . Article 19 Everyone has the right to freedom of opinion and expression ; this right includes freedom to hold opinions without interference and to seek , receive and impart information and ideas through any media and regardless of frontiers . Article 20 1) Everyone has the right to freedom of peaceful assembly and association . 2) No one may be compelled to belong to an association . Article 21 1)Everyone has the right to take part in the Government of directly or through freely his chosen country , representatives . 2)Everyone has the right of equal access to public service in his country Article22 Everyone , as a member of society , has the right to social security and is entitled to realisation through national effort and international co - operation and in accordance with the organisation and resources of each State , of the economic , social and cultural rights indispensable for his dignity and the free development of his personality . Article 23 1)Everyone has the right to work , to free choice of employment , to just and favourable conditions of work , to protection against unemployment . 2)Everyone , without any discrimination , has the right to equal pay for equal work . 3)Everyone , who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity , and supplemented , if necessary , by other means of social protection . 4) Everyone has the right to form and to join trade unions for the protection of his interests . Article 24 Everyone has the right to rest and leisure including reasonable limitation of working hours and periodic holidays with pay . Article 25 1)Everyone has the right to a standard of living adequate for health well - being of himself and of his family , including food , clothing , housing and medical care and necessary social services , and the right to security in the event of unemployment , sickness , disability , widowhood , old age or other lack of livelihood in circumstances beyond its control .. 2)Motherhood and childhood are entitled to special care and assistance . All children , whether born in or out of wedlock , shall enjoy the same social protection . 2 ) Article 26 1)Everyone has the right to education , Education shall be .free , at least in the elementary and fundamental stages . Elementary education shall be compulsory . Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit 2)Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms . It shall promote understanding , tolerance and friendship among all nations , racial or religious groups , and shall further the activities of the United Nations for the maintenance of peace . 3)Parents have a prior right to choose the kind of education that shall be given to their children Article 27 1)Everyone has the right freely to participate in the cultural life of the community , to enjoy the arts and to share in scientific advancement and its benefits . 2)Everyone has the right to protection of the moral and material interests resulting from any scientific , literary or artistic production of which he is the author Article 28. Everyone is entitled to a social and international order in which the rights and freedoms set forth in the Declaration can be fully realised . Article 29 1)Everyone has duties to the community in which alone the free and full development of his personality is possible . 2)In the exercise of his rights and freedoms , everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality , public order and the general welfare in a democratic society . 3)These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations .
- Advocate Day 3rd December
Advocate Day 3rd December Advocate Day is celebrated in the country of India every 3rd of December each year. This day commemorates the birthday of Dr. Rejendra Prasad, India’s first President. He was also a lawyer which is the reason why this day also gives commemoration and honor to all lawyers and advocates. History of Advocate Day India Rajendra Prasad was born on December 3, 1884. He studied at the Presidency College in Calcutta and the University of Calcutta. He was initially a science degree student. But in 1907, he was able to finish his Master of Arts in Economics after which he began teaching. In 1909, Rajendra Prasad decided to pursue studies in law. In 1915, he successfully passed his Masters in Law with a gold medal. The year after that, he joined the High Court of Bihar and Odisha. He also practiced law in the city of Bhagalpur. Prasad enjoyed a lucrative career as a lawyer. However, in 1920, he decided to retire from his current work so as to aid the independence movement. But this did not stop him from pursuing further studies. In 1937, he completed his Doctorate in Law which he received from Allahabad University. In 1950, Dr. Prasad was elected as the first President of India. He had the power position in the government alongside Prime Minister Jawaharlal Nehru.To honor Dr. Prasad, Advocate Day was started as a celebration. Why Celebrate Advocate Day The following are the main reasons why you should take part in the celebration of the Advocate Day: To Honor Dr. Prasad One good reason why you should celebrate this day is to honor Dr. Prasad. Being the first President of India, he has made various contributions that helped towards the development and advancement of the country. He is also a person to look up to and be an inspiration. To Know More About the Law Profession Another good reason to celebrate this day is that you can take it as your opportunities to learn more about the community of law. This is a truly lucrative field that has led to many people wanting to become lawyers of various kinds. This is the best day to explore all of the different types and during this day you have the freedom to explore about it. To Thank Good Lawyers The most important reason for celebrating Advocate's Day is that the advocate supports you when the whole world has considered you a criminal, then there is only one advocate who fights alone with the whole society. Until that person gets justice and gives him his rightful place in the society. And there is a good reason to celebrate this day so that you can thank good lawyers. There are many good lawyers who make justice prevail. Hence they deserve to be honored during this special day of celebration. And that's why you should celebrate it.
- Socialism :- Origin & Evolution
Socialism - Meaning and arguments Democratic Socialism : Origin and Evolution Socialism : - The socialist view point is very old . Plato had condemned the institution of private property . In the middle ages , so many scholars had emphasized the importance of collective property . Marx made use of the word " Communism " in place of " Socialism " . Socialism emerged as reaction to the rise and development of capitalism . In the 19 th century individualist theory was in full wing in the world . The individualist supported free trade and open competition in economic sphere . They said that it is not proper for the state to fix prices , to control production , to fix wages of workers , to fix hours of work and to frame laws to regulate trade , commerce and Industry . Many states followed the theory of individualism . But the defects of individualism became known the entire world over very soon . The capitalist misused this opportunity and exploited the laboring classes to the maximum degree . In so many states factory acts were passed , hours of work were fixed , reasonable wages were to be given both to the male and female laborers . But all this could not help to improve the lot of the workers . Karl Marx and many other political thinkers raised the voice that labourers are the real producers of wealth and they should have the right to enjoy the fruit of their labour . The means of production should be used not for personal benefit but for the good of the society . Meaning : - Socialism means the common ownership of the means of production to remove the injustices and evils of the capitalist system . It is the antithesis of individualism and regards the state as positive good . It condemns the private ownership of property and asserts that the capital should be socialized . If controls the production and distribution of wealth for the welfare of the society . Nature : 1 ) It wants to establish social equality by eliminating economic inequalities resulting from capitalism . 2 ) It produce wealth according to the needs of the society through economic planning . 3 ) It wants social control over the means of production to prevent the concentration of wealth in the hand of few . 4 ) It stands for the establishment of economic equality in a society necessary for the success of democracy . Main features of Socialism : 1)More emphasis on society : - Socialism gives more importance to society than to the individual . It subordinates individual interest to the higher interests of the society . 2)Elimination of Capitalism :-Socialism aims at the demolition of the institution of capitalism . Socialism is undoubtedly a theory of state which aims at the welfare of the working class or the poor . 3)Elimination of Private Property : - Socialism aims to complete elimination of private property . According to socialists , the institution of private property is the foundation of many economic like capitalism and competition . 4) Establishment of Equality :- Establishment of equality is another feature of socialism . Merits : 1) It is more natural : The socialist are of the view that the socialism is more natural than capitalism Nature has distributed air , water , rain etc. Equally among all the people . Therefore , it is desirable that these should be social control over land and minerals . 2) Socialism is based on justice more than capitalism : Capitalism concentrates the capital of the society in a few hands which is based on injustice . Socialism wants the social control over factories , ships and railways . It does not want that a few persons should control these . Therefore , socialism is based on justice . 3) It is more scientific : - Socialism is more scientific than capitalism because the capitalism safeguards the interest of few while socialism protects the interests of the society . Points to Remember : Merits a) Socialism contradicts capitalism which is based on exploitation . b) socialism prevents economic waste due to open competition . c) socialism is based on justice more than capitalism . d) socialism is more democratic than capitalist system . e) It is more natural . f) it is more scientific . Demerits : a ) socialism individual initiative . b) under socialism , functions of the state would be so much enlarged that it would not be possible for it to discharge them well . c ) socialism will fail in practice . d ) it kills individual freedom . e ) socialism divides society into two classes . Socialism is an ideology that has a range of economic and social systems characterised by social proprietorship and democratic control of the means of production as well as the political beliefs , theories , and movements that aim at their formation . Socialism has been theorised from the standpoint of an economic system , a philosophy , or even a type of society . However , there is a conjunction on socialism as an ideology which supports collective and as an economic / social system that seeks the freedom of the oppressed in an unequal society . Boyle has noted that all socialist of all schools , are agreed , as an abstract proposition , " the collective ownership and control of the means of production , distribution and exchange , which can be operated " socially " for the equitable good of all " ( 1912 ) . The central concept of socialism is a visualization of human beings as social beings united by their common humanity . Popular poet John Donne stated that " No man is an Island entire of itself ; every man is a piece of the Continent , a part of the main " . This emphasizes the degree to which individual identity is shaped by social interaction and the membership of social groups and collective bodies . Fundamentally , socialism favours the collective ownership of means of production . The elementary idea of socialism originates from working man association and their mission to ensure equality among all employees and all the people in a society . Therefore , one can consider socialism or a socialist economy as an economy where the workers own the means of production . This is to ensure that the class that produces the wealth of society collectively decides how it will be used for the benefit of all . From this viewpoint , " socialist are those who seek to establish a society of common ownership , democratic control and production for use , not profit " ( Coleman 1990 ) . Socialists choose cooperation to competition , and favour collectivism over individualism . The defining , value of socialism is equality , socialism sometimes being portrayed as a form of egalitarianism . Socialists consider that a measure of social equality is the essential assurance of social stability and cohesion , and that it supports freedom in the sense that it gratifies material needs and helps for personal development . The socialist movement has conventionally articulated the interests of the industrial working class , seen as systematically troubled or structurally disadvantaged within the capitalist system . The objective of socialism is to lessen or abolish class divisions . It is elucidated in numerous studies that socialism evolved as a reaction against the social and economic conditions produced in Europe by the growth of industrial capitalism . The birth of socialist ideas was closely associated to the development of a new but growing class of industrial workers , who suffered the poverty and deprivation that are so often a feature of early industrialisation . Since two hundred years , socialism has established the principal oppositional force within capitalist societies , and has pronounced the interests of oppressed and disadvantaged peoples in many parts of the world . The major impact of socialism has been in the form of the twentieth - century communist and social - democratic movements . However , in the late twentieth century , socialism suffered a number of spectacular reverses , leading some to declare the ' death of socialism ' . The most remarkable of these reverses was the collapse of communism in the Eastern European Revolutions of 1989-91 . Partly in response to this , and partially as a consequence of globalisation and changing social structures , parliamentary socialist parties in many parts of the world revised , and sometime rejected , traditional socialist philosophies . Objectives of socialism ideology : Property , disease and ignorance shall be eliminated . Property and privilege in any form shall occupy a strictly limited place . All citizens shall have equal opportunities . Ethical and spiritual values shall contribute to the enrichment of the individual and communal life . History of Socialism : Some elements of socialist supposed to be predate the socialist ideology that developed in the first half of the 19th Century . For instance , Plato's " The Republic " and Sir Thomas More's " Utopia " , dating from 1516 , have been cited as including Socialist or Communist ideas . Modern Socialism arose in the beginning of the 19th Century in Britain and France , from range of doctrines and social experiments , principally as a reaction or protest against some of the excesses of 18th and 19th Century Capitalism . In the beginning of 19th Century , Socialist thought was mainly utopian in nature , followed by the more pragmatic and revolutionary Socialist and Communist movements in the end of the 19th Century . Social criticizers in the late 18th Century and early 19th Century such as Robert Owen ( 1771-1858 ) , Charles Fourier ( 1772-1837 ) , Pierre - Joseph Proudhon ( 1809-1865 ) , Louis Blanc ( 1811-1882 ) and Henri de Saint - Simon ( 1760-1825 ) disparaged the excesses of poverty and inequality of the Industrial Revolution , and encouraged transformations such as the egalitarian distribution of wealth and the transformation of society into small utopian communities in which private property was to be abolished . Some socialist religious movements , such as the Shakers in America , also date from this period , as does the Chartist movement for political and social reform in the United Kingdom . Famous political philosopher , Karl Marx first employed systematic analysis , called as " scientific socialism " in a determined attempt to expose Capitalism's contradictions and the specific mechanisms by which it exploits and alienates . His ambitious work " Das Kapital " , the first volume of which was published in 1867 with two more edited and published after his death by Friedrich Engels ( 1820-1895 ) , is modelled to some extent on Adam Smith's " Wealth of Nations " . It is one of the foundations of Capitalist theory . In this ideology , he transforms Smith's labour theory of value into his own characteristic " law of value " ( that the exchange value of acommodity is actually independent of the amount of labour required to appropriate its useful qualities ) , and discloses how commodity fetishism disguises the reality of Capitalist civilisation . In 1864 , the International Workingmen's Association ( IWA ) or First International , was originated in London , and became the first major international forum for the proclamation of Socialist thoughts , under the leadership of Marx and Johann Georg Eccarius . Anarchists , like the Russian Mikhail Bakunin ( 1814-1876 ) , and advocates of other alternative visions of Socialism which accentuated the potential of small - scale communities and agrarianism , harmonised with the more influential currents of Marxism and social democracy . Much of the development of Socialism is indistinguishable for the development of Communism , which is basically an extreme variation of Socialism . Marx and Engels jointly founded the Social Democratic Workers ' Party of Germany in 1869. They were also responsible for establishing the Second International ( or Socialist International ) in 1889 , as the ideas of Socialism gained new advocates , especially in Central Europe , and just before his death in 1895 , Engels bragged of a " single great international army of socialists " . It is revealed in theoretical studies that the groundwork of modern socialism was laid through the writing of Karl Max and Federick Engel in 1848 in The Communist Manifesto . The main view was that capitalism was unmanageable and would be abolished by the working class in a revolution . They had opinion that the working class will ultimately rise up against the ruling class to control the means of production . Engel avowed that the Marxist technique far supposed previous " eclectic " forms of socialism by providing the modern proletariat with a powerful analytical tool ( Steger 1997 ) . Socialism in this sense is viewed as the step between a country's current state and its move to complete communism ( Ree 1998 ) . Lenin stated that the period " between capitalist and communist society which is the period of revolutionary transformation of the former into the latter " could be labelled as the socialist period . In that case , it is a transformational period in which Lenin called its state structure as the revolutionary despotism of the proletariat . In this respect , socialism is visualized as a predecessor to communism . This suggests the direct control of the services and industries by the workers and whereby all authorities in such economy instigate from the worker's union . When the First World War underway in 1914 , the socialist social democratic parties in the UK , France , Belgium and Germany sustained their respective states ' war effort , discarding their commitment to internationalism and solidarity , and the Second International liquefied during the war . In Russia , Vladimir Ilyich Lenin ( 1870-1924 ) condemned the war as an imperialist conflict , and advised workers at international level to use it as an occasion for proletarian revolution . In February 1917 , revolution broke out in Russia and the workers , soldiers and peasants established councils . The Bolsheviks won a majority in the soviets in October 1917 and , at the same time , the October Revolution was led by Lenin and Leon Trotsky ( 1879-1940 ) . The new Soviet government instantly nationalized the banks and major industries , rejected the former Romanov regime's national debts , charged for peace and withdrew from the First World War , and implemented a system of government through the chosen workers ' councils or soviets . The Third International ( also known as the Communist International ) was an international Communist organization founded in Moscow in 1919 to substitute the disbanded Second International . After the death of Lenin in 1924 , the Communist Party of the Soviet Union , under Josef Stalin announced a policy of " socialism in one country " , taking the route of isolationism . This resulted in a polarization of Socialism around the question of the Soviet Union and espousal of socialist or social democratic policies in response , or in other cases the fervent repudiation of all that it stands for . It has been observed that all political researchers had not visualized socialism as necessarily entailing revolution , and non - revolutionaries such as the dominant economists John Maynard Keynes ( 1883 1946 ) and John Kenneth Galbraith ( 1908- 2006 ) , motivated from the work of John Stuart Mill as well as Marx , and offered theoretical explanation for state involvement in an existing market economy . This type of Social Democracy can be considered a moderate form of Socialism and aims to transform Capitalism representatively through state regulation and the creation of state - sponsored programs and organizations which work to ameliorate or remove injustices supposedly caused by the Capitalist market system . Features of Socialism : The features of socialism are as under . 1. Public Ownership : A socialist economy is categorised by public ownership of the means of production and distribution . There is collective ownership whereby all mines , farms , factories , financial institutions , distributing agencies ( internal and external trade , shops , stores , etc. ) , means of transport and communications , are owned , controlled , and regulated by government departments and state corporations . A small private sector also exists in the form of small business units which are carried on in the villages by local artists for local consumption . 2. Central Planning : A socialist economy is centrally planned which operates under the supervision of a central planning authority . It lays down the various objectives and targets to be accomplished during the plan period . Central economic planning means " the making of major economic decisions such as type of goods and quantity is to be produced , how , when and where it is to be produced , and to whom it is to be allocated by the conscious decision of a determinate authority , on the basis of a wide - ranging survey of the economic system as a whole . " The central planning authority establishes and utilises the economic resources by deliberate direction and control of the economy for attaining definite objectives and targets laid down in the plan during a specified period of time . 3. Definite Objectives : A socialist economy functions within definite socio - economic objectives . These objectives " may concern aggregate demand , full employment , satisfaction of communal demand , allocation of factors of production , distribution of the national income , the amount of capital accumulation , economic development . " To accomplish , these objectives laid down in the plan , priorities and gallant targets are fixed to include all features of the economy . 4. Freedom of Consumption : In socialism ideology , consumer's independence infers that production in state - owned industries is generally governed by the inclinations of consumers , and the available merchandises are distributed to the consumers at fixed prices through the state - run department stores . Consumer's autonomy under socialism is limited to the choice of socially beneficial commodities . 5. Equality of Income Distribution : In a socialist economy , there is great equality of income distribution as compared with a free market economy . The removal of private ownership in the means of production , private capital accumulation , and profit motive under socialism avert the accrual of large wealth of a few wealthy persons . The unearned incomes in the form of rent , interest and profit go to the state which utilises them in providing free education , public health facilities , and social security to the people . " As far as wages and salaries are concerned , most modern socialists do not aim at complete and rigid equality . It is now generally understood that the maintenance offered choice of occupation implies wage differentials . " 6. Planning and the Pricing Process : The pricing process under socialism ideology does not operate freely but works under the control and regulation of the central planning authority . There are administered prices fixed by the central planning authority . There are also the market prices at which consumer goods are sold . There are also the accountings prices on the basis of which the managers decide about the production of consumer goods and investment goods , and also about the choice of production procedures Merits of Socialism : There are numerous advantages of socialism ideologies in society . Prof. Schumpeter stated many arguments to support socialism . Greater economic efficiency Welfare due to less inequality Absence of monopolistic practices Absence of business fluctuations . 1. Greater Economic Efficiency : Economic efficiency under socialism is more than under capitalism . The means of production are controlled and regulated by the central planning authority towards chosen ends . The central planning authority makes thorough survey of resources and utilises them in the most effectual manner . Increased productivity is protected by evading the wastes of competition and by undertaking expensive research and production processes in a synchronised manner . Economic efficiency is also attained by utilising resources in producing socially useful goods and services which satisfy the basic wants of the people , like cheap food , cloth , and housing . 2. Greater Welfare due to Less Inequality of Income : In a socialist economy , there is less disparity of income as compared with a capitalist economy because of the absence of private ownership of the means of production , private capital accumulation , and private profit . All people work for the welfare of the state and each is paid his salary according to his ability , education and training . All rents , interests and profits from various sources go to the state . which spends them for public welfare in providing free education , cheap and congenial housing , free public health amenities , and social security to the people . 3. Absence of Monopolistic Practices : Major benefit of socialism is that it is free from monopolistic practices to be found in a capitalist society . Since under socialism , all means of production are owned by the state , both competition and domination are disregarded . The misuse by the monopolistic is absent . Instead of private monopoly , there is the state monopoly of the productive system but this is operated for the welfare of the people . In the state - owned factories , socially useful commodities are produced which are of high quality and are also reasonably assessed . 4. Absence of Business Fluctuations : A socialist economy is free from business instabilities . There is economic stability because production and consumption of goods and services are regulated by the central planning authority in accordance with the objectives , targets and priorities of the plan . Therefore , there is neither overproduction nor joblessness . Demerits of Socialism : A socialist economy has also certain drawbacks : 1. Loss of Consumer's Sovereignty : There is loss of consumers ' dominion in a socialist economy . Consumers do not have the liberty to buy whatever commodities they want . They can consume only those commodities which are available in department stores . Often the quantities which they can buy are fixed by the state . 2. No Freedom of Occupation : Consumers do not have freedom of choosing profession in such a society . Every person is provided job by the state . But he cannot leave or change it . Even the place of work is allotted by the state . All occupational movements are authorized by the state . 3. Misallocation of Resources : Under socialism , there is random allocation resources . The central planning authority often commits mistakes in resource allocation because the entire work is done on trial and error basis . 4. Bureaucratic : A socialist economy is a bureaucratic economy . It is operated like a machine . So it does not offer the necessary initiative to the people to work hard . People work under pressure and fear of higher authorities and not for any personal gain or self - interest . There is no uncertainty that a socialist economy is better than a capitalist economy because of its awesome merits . But it is disliked for the loss of political , economic and personal autonomies . Types of Socialism : Democratic Socialism : It promotes Socialism as an economic principle ( the means of production should be under control of ordinary working people ) , and democracy as a governing principle ( political power should be in the hands of the people democratically through a co operative commonwealth or republic ) . nist socialism believes in ' socialism through the ballot box , and thus accepts basic liberal democratic principles such as consent , constitutionalism and party competition . This ideology attempts to bring about Socialism through peaceable democratic means as opposed to violent insurgence , and represents the reformist tradition of Socialism . It is similar to Social Democracy . This refers to an ideology that is more centrist and supports a broadly Capitalist system , with some social reforms ( such as the welfare state ) , intended to make it more impartial and humane . Democratic Socialism , by contrast , suggests an ideology that is more left - wing and supportive of a fully socialist system , established either by gradually reforming Capitalism from within , or by some form of radical transformation Revolutionary Socialism : This types of ideology advocates the need for central social change through revolution or than insurgence instead of gradual reform as a strategy to accomplish a socialist society . Revolutionary socialism reflected in the communist tradition , holds that socialism can only be initiated by the revolutionary overthrow of the existing political and social system . It is based upon the belief that the existing state structures are incurably linked to capitalism and the interests of the ruling class . The Third International , which was founded following the Russian Revolution of 1917 , described itself in terms of Revolutionary Socialism but also became broadly identified with Communism . Trotskyism is the theory of Revolutionary Socialism as supported by Leon Trotsky ( 1879-1940 ) , stating the need for an international grassroots revolution ( rather than Stalin's " socialism in one country " ) and firm support for a factual dictatorship of the proletariat based on democratic philosophies . Luxemburgism is another Revolutionary Socialist tradition , based on the writings of Rosa Luxemburg ( 1970-1919 ) . It is similar to Trotskyism in its opposition to the Totalitarianism of Stalin , while concurrently avoiding the reformist politics of modern Social Democracy . Utopian Socialism : It described the first currents of modern socialist thought in the beginning of the 19th Century . Generally , it was used by later socialist philosophers to define early socialist , or quasi - socialist , scholars who created hypothetical visions of perfect egalitarian and communalist societies without actually concerning themselves with the manner in which these societies could be created or sustained . They precluded all political ( and especially all revolutionary ) action , and wanted to attain their ends by peaceful means and small experiments , which more practical socialists like Karl Marx saw as necessarily doomed to failure . But the early theoretical work of philosophers such as Robert Owen ( 1771-1858 ) , Charles Fourier ( 1772-1837 ) and Etienne Cabet ( 1788-1856 ) gave more push to later socialist movements . Libertarian Socialism : This type of socialism ideology has aim to create a society without political , economic or social hierarchies , in which every person would have free , equal access to tools of information and production . This would be attained through the eradication of authoritarian institutions and private property , so that direct control of the means of production and resources will be gained by the working class and society as a whole . Most Libertarian Socialists support abolishing the state altogether , in much the same way as Utopian Socialists and many varieties of Anarchism . Market Socialism : This ideology elucidates an economic system in which there is a market economy directed and guided by socialist planners , and where prices would be set through trial and error ( making adjustments as shortages and surpluses occur ) instead of relying on a free price mechanism . By contrast , a Socialist Market Economy , such as that practiced in the People's Republic of China , in one where major industries are owned by state entities , but compete with each other within a pricing system set by the market and the state does not routinely interfere in the setting of prices . Eco - Socialism : It is a philosophy amalgamating aspects of Marxism , Socialism , Green politics , ecology and the anti - globalization movement . They promotes the non - violent dismantling of Capitalism and the State , focusing on collective ownership of the means of production , in order to alleviate the social exclusion , poverty and environmental degradation brought by the capitalist system , globalization and imperialism . Christian Socialism : It denotes to those on the Christian left whose politics are both Christian and socialist , and who visualize these two things as being interconnected . Christian socialists draw parallels between what some have characterized as the egalitarian and anti establishment message of Jesus , and the messages of modern Socialism . Scientific socialism : It undertakes a scientific investigation of historical and social development , which , in the form of Marxism , proposes not that socialism ' should ' replace capitalism , but forecasts that it inevitably ' would ' replace capitalism . Fundamentalist socialism : This ideology aims to abolish and replace the capitalist system , observing socialism as qualitatively different from capitalism . Fundamentalist socialists , such as Marxists and communists , generally associate socialism with common ownership of some form . Revisionist socialism : This ideology believe in reform , looking to reach an accommodation between the efficiency of the market and the enduring moral vision of socialism . This is most clearly articulated in social democracy . The moral power of socialism originates not from its concern with what people are like , but with what they have the capacity to become . This has led socialists to develop utopian visions of a better society in which human beings can attain sincere emancipation and fulfilment as members of a community . In this regard , socialism is intended to persist because it serves as a reminder that human development can extend beyond market individualism . Influences Socialism : Socialism has great and persistent impact on the politics and culture of most egalitarianisms , with the exception of the United States and Japan . European countries reflect socialist policies . Europe's eastern half underwent an unproductive forty - year experiment with communism . More compassionately , countries of Western Europe such as Sweden , France , and Germany implement socialist priorities through state ownership of major industries , high levels of public employment , strict legal requirements providing job security , and extensive welfare states . Workforces in most European states get several weeks of guaranteed paid vacation .in France , most workers are limited to 35 hours of work per week . Significantly , every country in Europe has a dominant Socialist party that contests and wins elections . Once considered one of the most conservative states , Spain is currently run by the Spanish Socialist Party . Britain's socialist - inspired party , Labour , has governed that country since 1997. The developed world is not the only place where socialism's inheritance is important . India spent decades of incessant rule by a Socialist political party . Senegal's young democracy in Western Africa recently arose from four decades of Socialist rule ; its government still employs approximately forty percent of the official workforce and controls major industries . In the year of 1904 , U.S. Socialist Party campaign poster with candidate Eugene V. Debsin America , by contrast , socialism's influence has been relatively weak . Trade unions did and do exist in the United States but never came under the sway of Marxist principle . While a Socialist party does exist , and has even fielded candidates for the US position , it never gained electoral success at the national or state level . The Roosevelt administration announced welfare policies similar to , if less extensive than , those found in Europe during the 1930s , but only as a response to the Great Depression , war , and as a matter of reasonable politics . Marxism has never succeeded in the United States outside of the university subculture . Socialist philosophies never capturing the popular imagination . Socialism's failure to sink roots in America is also an acknowledgement to the overwhelming supremacy of classical liberalism . Belief in individual responsibility , acceptance in economic success for those who work hard , and a distrust of big government have severely handicapped socialism's ideological challenge . Americans are more likely to admire businesspersons and entrepreneurs than slander them . Indeed , it is difficult to imagine the celebrity of a Warren Buffet or Donald Trump in any other country but the United States . Americans are more concerned about acquiring private property than making sure it is equally distributed . Socialism's affluences have recently diminished outside the United States as well . Experiments with state ownership of the economy , such as those in France , India , and Sweden botched to sustain attractive growth rates after the 1970s and left countries less competitive in a globalized market . Socialist parties have toned down both their ideological rhetoric and policies in response to developing world economy . The continued demand of socialist values in other countries still explains wide differences between politics in America and the rest of the world because it has radically reset the standards of political discussion . The political values of a conservative in Britain or France are much more likely to appear liberal in the United States . Socialism in India : Socialism is not a state of excellence but an effective movement trying to satisfy demands for equality , freedom and honourable efficiency . Socialist thought was a product of its own time and environment . It emerged in India also which had to be applied with modifications and adaptations . Socialism in India arose as a new religion , attached itself with anti - colonialism and by doing so the sharp edges of western socialism were rounded off and a progressive phenomenon transformed the political situation of India . With time , the congress socialist party which was formed in 1934 as a major political instrument recurrently faced ideological challenges . Sometimes Gandhian plea weakened it and major time the splits and mergers moderated its creed . The mission for socialism took its leaders along diverse ambitions and very often contradictory paths , leaving the movement to spend itself out . Masani joined Swatantra party , Ashok Mehta back to congress and J.P. Narayan devoted himself to Bhoodan movement , so as a distinguished comrade in arms Achyut Patwardhan , left politics mid - way in his life creating intellectual vacuum of some magnitude in the socialist movement . One major problem which spoiled the prospects of socialism in India was the role played by Nehru . He was at top of Congress , kept pervading socialist ideology into Congress's programmes , and thus actually took the wind off the sails of the socialists . This would better be counted as political strategy in order to decline the space for socialist movement . From the political approach , the idea of socialism has less impact in contemporary India . In the 42nd amendment , the phrase ' socialist ' was added to the preamble of Indian . Constitution . Therefore , India became a " democratic socialist " country . India's socialist pattern of society will be classless and casteless . Her socialism will be based on noble means , guaranteeing freedom of thought and conscience . It is well recognized that India's socialism is an assertion of faith in the ingenuity of men and women of India who are stimulated to build up a new society through a bold path of Truth and Non - violence . India hatreds regimentation and application of force , which was learnt under the headship of Mahatma Gandhi , ' to march forward without compromise , without turning from the path ' . To pave the way for Socialism , India has eradicated Landlordism . A comprehensive policy of social reorganization has been taken up in the form of Panchayat Raj , Co - operative Farming and community Development Projects to quicken progress towards Socialism and strengthen parliamentary democracy . In Indian framework , the " socialist " gives a positive direction to State activities . They include : Eradicating poverty . Increasing production . Modernizing the economy . Preventing the growth of monopoly . Reducing disparities and inequalities between different classes , castes and religions . It is appraised that socialism in Indian Constitution seeks to establish a welfare State . Criticisms of Socialism : Criticizers of socialism offered many arguments . Disapprovals of Socialism range from disagreements over the efficiency of socialist economic and political models , to outright condemnation of socialist states . They debated that socialism is irreversibly stained by its association with statism . The emphasis upon collectivism leads to an endorsement of the state as the embodiment of the public interest . Both communism and social democracy are in that sense ' top - down ' versions of socialism , meaning that socialism amounts to an extension of state control and a restriction of freedom . Another argument of challengers emphasized the unintelligibility and confusion inherent in modern socialist theory . In this perspective , socialism was only ever meaningful as a critique of , or alternative to , capitalism . The acceptance by socialists of market principles demonstrates either that socialism itself is faulty or that their analysis is no longer rooted in sincerely socialist ideas and theories . Some opponents dispute that the unrestricted distribution of wealth and the nationalization of industries supported by some socialists can be accomplished without loss of political or economic freedoms . Others argue that countries where the means of production are socialized are less wealthy than those where the means of production are under private control . However , critics argue that socialist policies lessen work incentives ( because workers . do not receive rewards for a work well done ) and decrease efficiency through the abolition of the profit and loss mechanism and a free price system and dependence on central planning . They also debate that Socialism deteriorates technology due to competition being muffled . The tragedy of the commons effect has been attributed to Socialism by some , whereby when assets are owned in common , there are no incentives in place to encourage wise stewardship . There has also been much focus on the economic performance and human rights records of Communist states , although this is not a criticism of Socialism . To refute the criticisms , socialists have reasoned that socialism can essentially increase efficiency and economic development better than Capitalism , or that a certain degree of efficiency can and should be sacrificed for the sake of economic equality or other social goals . They further argue that market systems have a natural tendency toward monopoly or oligopoly in major industries , leading to a misrepresentation of prices , and that a public monopoly is better than a private one . Socialists claim that a socialist approach can alleviate the role of externalities in pricing . Some socialists have made a case for Socialism and central planning being better able to address the issue of managing the environment than self - serving Capitalism . To summarize , socialism emerged as a challenging to classical liberalism in the 19th century It was a political response to the dreadful conditions of industrial workforces in the advanced capitalist countries and laid claims to representation of the working class . Socialism contains variety of divisions and competing traditions . Socialism is depicted as morally higher to capitalism because human beings are ethical creatures , bound to one another by the ties of love , sympathy and compassion . Since the socialist ideology is part of the appearance of mass politics , socialism can be debated as having a contribution to modern democracy . The modern democratic ideal is based on inhabitant participation in choosing who their leader would be . The fact that the majority are the middle class and those below the rank also establish the " proletariat " , socialism has power to unite the majority in a class conscious situation which can further democracy . It can be said that Socialism is a changeover of stage because the transition of a society based on mistreatment to that based on equality is not just a straight process . Socialism has main objective to eradicate poverty , racism , sexism the threat of environmental disaster and to prevent the still posed threat of a catastrophic nuclear war . Socialism is never a one party approach to government , it inspire mass political partaking , collective decision process and not an exclusive model of social distribution and state ownership of the means of production
- PHILOSOPHY : Characteristics of Ethics
PHILOSOPHY :-Definition,Scope, Nature, & Characteristics of Ethics Definition, Scope, Nature, and Characteristics of Ethics Moral Concepts - Good, The Absolute Good, Right, Duty, Virtue, Moral Obligation. Kinds of Action - Voluntary, Involuntary, Non-Voluntary. Moral and Non-Moral actions Ethics : Definition , Scope , Nature and Characteristics of Ethics Ethics is mainly known as the principle of moral conduct that makes a distinction between good and bad / evil , right and wrong , virtue and non virtue . The word ethics is derived from a Greek word ' ethos ' meaning character . It is a branch of knowledge that governs right and wrong conducts and behaviours of an individual , profession, group or organization. It is a core of the professional and personal lives of people . Different scholars have defined ethics differently . However different their definitions might be , ethics is always concerned with morality and right vs wrong and good vs evil . It is applied universally . There is also ethics in professions such as journalism , advertising , education , medicine , etc. Karen L. Rich defines ethics as a systematic approach to understanding , analyzing , and distinguishing matters of right and wrong , good and bad , and admirable and deplorable as they relate to the well being of and the relationships among sentient beings . As per paper published by Science Direct - " Ethics is the most important and functioning branch of philosophy in today . In general , ethics s moral philosophy . It is related to our values and virtues. We have the capacity to think about our choices , so we re responsible for all our decisions and actions . " It does not enquire into the origin and growth of human conduct . The scope of ethics indicates its subject matter . Ethics as normative science deals with moral ideal or the good in order to enquire the nature of our conduct . It enquires into the nature of the springs of actions , motives , intentions , voluntary actions and so on . It determines rightness or wrongness of human actions . Ethics is concerned with the highest good or absolute good . It investigates the nature of its fundamental notions i.e. right , duty and good . Moral sentiments and feelings are arising in our mind when we contemplate about the moral judgment and therefore , ethics has to discuss the nature of moral sentiments to moral judgment . The scope of ethics includes whatever has reference to free human acts , whether as principle or cause of action ( law , conscience , virtue ) , or as effect or circumstance of action ( merit , punishment , etc. ) Ethics discusses the nature of human freedom . Ethics investigates what constitutes good or bad , just or unjust . A man may be a good artist or orator and at the same time a morally bad man , or , conversely , a morally good man may be a poor artist or technician . Ethics has merely to do with the order which relates to man as man and which makes of him a good man . The ' meta - ethical " problems fall within the scope of philosophical aspect of Ethics . The applied dimension of Ethics is known as " Applied Ethics ' that falls within the broad field of Ethics . These comprise the areas of situational Ethics while Meta Ethics deals with logical and semantic questions like ' What do we mean by " freedom " and " determinism " etc. Ethics is essentially related to all other branches of knowledge like sociology , political science , jurisprudence , law and legal study , psychology , anthropology , culture study , ecology and environmental study , economics , religion , aesthetics and other similar areas . Ethics is concerned with political , sociological , cultural , psychical , economic , environmental , religious problems in pursuit of highest good . So these problems have an additional place in the scope of ethics . With the emergence of new technology there is scope for widening the scope of ethics to address new issues . There are 3 different scopes of ethics . They are : . Meta - Ethics Normative Ethics Applied Ethics 1. Meta - Ethics : Meta - ethics comprises the area of situational ethics and deals with logical questions like What do we mean by ' freedom ' and ' determinism ' etc. It delves into the nature of ethical properties , attitudes and judgements . For example , a media critic's description of a TV series as ' good drama ' does not necessarily denote that the program is morally sound . It is the function of metaethics to define such vague concepts in ethical terms . Some of the theories of Meta - Ethics are Naturalism , Non Naturalism , Emotivism and Prescriptivism . Moral skepticism ( or moral scepticism ) a class of metaethical theories all members of which entail that no one has any moral knowledge . Many moral skeptics also make the stronger , modal claim that moral knowledge is impossible . Moral skepticism is particularly opposed to moral realism : the view that there are knowable and objective moral truths . Some proponents of moral skepticism include Pyrrho , Aenesidemus , Sextus Empiricus , David Hume , Max Stirner , Friedrich Nietzsche , and J.L. Mackie . Moral skepticism divides into three subclasses : moral error theory ( or moral nihilism ) , epistemological moral skepticism , and non cognitivism . All three of these theories share the same conclusions , which are : ( a ) we are never justified in believing that moral claims ( claims of the form " state of affairs x is good , " " action y is morally obligatory , " etc. ) are true and , even more so ( b ) we never know that any moral claim is true . However , each method arrives at ( a ) and ( b ) by different routes . Moral error theory holds that we do not know that any moral claim is true because ( i ) all moral claims are false , ( ii ) we have reason to believe that all moral claims are false , and ( iii ) since we are not justified in believing any claim we have reason to deny , we are not justified in believing any moral claims . Epistemological moral skepticism is a subclass of theory , the members of which include Pyrrhonian moral skepticism and dogmatic moral skepticism . All members of epistemological moral skepticism share two things : first , they acknowledge that we are unjustified in believing any moral claim , and second , they are agnostic on whether ( i ) is true ( i.e. on whether all moral claims are false ) . Pyrrhonian moral skepticism holds that the reason we are unjustified in believing any moral claim is that it is irrational for us to believe either that any moral claim is true or that any moral claim is false . Thus , in addition to being agnostic on whether is true , Pyrrhonian moral skepticism denies Dogmatic moral skepticism , on the other hand , affirms and cites ' s truth as the reason we are unjustified in believing any moral claim . Dogmatic moral skepticism , on the other hand , affirms ( ii ) and cites ( ii ) ' s truth as the reason we are unjustified in believing any moral claim . Noncognitivism holds that we can never know that any moral claim is true because moral claims are incapable of being true or false ( they are not truth - apt ) . Instead , moral claims are imperatives ( e.g. " Don't steal babies : Boo ! " ) , " stealing babies ! " ) , expressions of emotion ( e.g. or expressions of " pro - attitudes " ( " I do not believe that babies should be stolen . " ) 2. Normative Ethics : Normative ethics is the study of ethical action . It is the branch of ethics that investigates the set of questions that arise when considering how one ought to act , morally speaking . Normative ethics is distinct from meta - ethics because normative ethics examines standards for the rightness and wrongness of actions , while meta - ethics studies the meaning of moral language and the metaphysics of moral facts . Normative ethics is also distinct from descriptive ethics , as the latter is an empirical investigation of people's moral beliefs . To put it another way , descriptive ethics would be concerned with determining what proportion of people believe that killing is always wrong , while normative ethics is concerned with whether it is correct to hold such a belief . Hence , normative ethics is sometimes called prescriptive , rather t han descriptive . However , on certain versions of the meta - ethical view called moral realism , moral facts are both descriptive and prescriptive at the same time . Traditionally , normative ethics ( also known as moral theory ) was the study of what makes actions right and wrong . These theories offered an overarching moral principle one could appeal to in resolving difficult moral decisions . At the turn of the 20th century , moral theories became more complex and were no longer concerned solely with rightness and wrongness , but were interested in many different kinds of moral status . During the middle of the century , the study of normative ethics declined as meta - ethics grew in prominence . This focus on meta - ethics was in part caused by an intense linguistic focus in analytic philosophy and by the popularity of logical positivism. Normative ethics deals with standards or norms by which we can judge human actions to be right or wrong . It deals with the criteria of what is morally right or wrong . For example , if someone murders a person , everyone will agree that it is wrong . The question is : Why is it wrong to murder someone ? There are a lot of different answers we could give , but if we want to specify a principle that stated why its wrong , the answer might be : Murder is wrong because when we kill someone , we violate their right to live . Another perspective might be To inflict unnecessary suffering on the person being murdered or their family is wrong , that's why to kill a person is wrong . There are three elements emphasized by normative ethics : . The person who performs the act ( the agent ) The act . The consequences of the act 3. Applied Ethics : Applied ethics is the problem - solving branch of moral philosophy . It uses the insights derived from metaethics and the general principles and rules of normative ethics in addressing specific ethical issues and cases in a professional , disciplinary or practical field . Applied ethics is the vital link between theory and practice , the real test of ethical decision making . Applied ethics often requires not only theoretical analysis but also practical and feasible solutions . Applied ethics is a discipline of philosophy that attempts to apply ethical theory to real - life situations . The discipline has many specialized fields , such as engineering ethics , bioethics , geoethics , public service ethics and business ethics . Specific questions Applied ethics is used in some aspects of determining public policy , as well as by individuals facing difficult decisions . The sort of questions addressed by applied ethics include : " Is getting an abortion immoral ? " ; " Is euthanasia immoral ? " ; " Is affirmative action right or wrong ? " ; " What are human rights , and how do we determine them ? " ; " Do animals have rights as well ? " ; and " Do individuals have the right of self - determination ? " A more specific question could be : " If someone else can make better out of his / her life than I can , is it then moral to sacrifice myself for them if needed ? " Without these questions , there is no clear fulcrum on which to balance law , politics , and the practice of arbitration - in fact , no common assumptions of all participants - so the ability to formulate the questions are prior to rights balancing . But not all questions studied in applied ethics concern public policy . For example , making ethical judgments regarding questions such as , " Is lying always wrong ? " and , " If not , when is it permissible ? " is prior to any etiquette . People , in general , are more comfortable with dichotomies ( two opposites ) . However , in ethics , the issues are most often multifaceted and the best - proposed actions address many different areas concurrently . In ethical decisions , the answer is almost never a " yes or no " or a " right or wrong " statement . Many buttons are pushed so that the overall condition is improved and not to the benefit of any particular faction . And it has not only been shown that people consider the character of the moral agent ( i.e. a principle implied in virtue ethics ) , the deed of the action ( i.e. a principle implied in deontology ) , and the consequences of the action ( i.e. a principle implied in utilitarianism ) when formulating moral judgments , but moreover that the effect of each of these three components depends on the value of each component . Particular fields of application Bioethics :-Bioethics is the study of controversial ethics brought about by advances in biology and medicine . Bioethicists are concerned with the ethical questions that arise in the relationships among life sciences , biotechnology , medicine , politics , law , and philosophy . It also includes the study of the more commonplace questions of values ( " the ethics of the ordinary " ) that arise in primary care and other branches of medicine . Bioethics also needs to address emerging biotechnologies that affect These developments basic biology and future humans . include cloning , gene therapy , human genetic engineering , astroethics and life in space , and manipulation of basic biology through altered DNA , RNA and proteins , e.g. " three parent baby , where baby is born from genetically modified embryos , would have DNA from a mother , a father and from a female donor . Correspondingly , new bioethics also need to address life at its core . For example , biotic ethics value organic gene / protein life itself and seek to propagate it . With such life - centered principles , ethics may secure a cosmological future for life . Business ethics Business ethics ( also corporate ethics ) is a form of applied ethics or professional ethics that examines ethical principles and moral or ethical problems that arise in a business environment , including fields like medical ethics . Business ethics represents the practices that any individual or group exhibits within an organization that can negatively or positively affect the businesses core values . It applies to all aspects of business conduct and is relevant to the conduct of individuals and entire organizations . Business ethics has both normative and descriptive dimensi ons . As a corporate practice and a career specialization , the field is primarily normative . Academics attempting to understand business behavior employ descriptive methods . The range and quantity of business ethical issues reflect the interaction of profit - maximizing behavior with non - economic concerns . Interest in business ethics accelerated dramatically during the 1980s and 1990s , both within major corporations and within academia . For example , today most major corporations promote their commitment to non - economic values under headings such as ethics codes and social responsibility charters . Adam Smith said , " People of the same trade seldom meet together , even for merriment and diversion , but the conversation ends in a conspiracy against the public , or in some contrivance to raise prices . " Governments use laws and regulations to point business behavior in what they perceive to be beneficial directions . Ethics implicitly regulates areas and details of behavior that lie beyond governmental control . The emergence of large corporations with limited relationships and sensitivity to the communities in which they operate accelerated the development of formal ethics regimes . Business ethics also relates to unethical activities of interorganizational relationships , such as strategic alliances , buyer - supplier relationships , or joint ventures . Such unethical practices include , for instance , opportunistic behaviors , contract violations , and deceitful practices . Some corporations have tried to burnish their ethical image by creating whistle - blower protections , such as anonymity . In the case of Citi , they call this the Ethics Hotline . Though it is unclear whether firms such as Citi take offences reported to these hotlines seriously or not . Machine ethics In Moral Machines : Teaching Robots Right from Wrong , Wendell Wallach and Colin Allen conclude that issues in machine ethics will likely drive advancement in understanding of human ethics by forcing us to address gaps in modern normative theory and by providing a experimental investigation . The effort to actually program a machine or artificial agent to behave as though instilled with a sense of ethics requires new specificity in our normative theories , especially regarding aspects customarily considered common - sense . For example , machines , unlike humans , can support a wide selection of learning algorithms , and controversy has arisen over the relative ethical merits of these options . This may reopen classic debates of normative ethics framed in new ( highly technical ) terms . Military ethics Military ethics are concerned with questions regarding the application of force and the ethos of the soldier and are often understood as applied professional ethics . Just war theory is generally seen to set the background terms of military ethics . However individual countries and traditions have different fields of attention . Military ethics involves multiple subareas , including the following among others : 1. what , if any , should be the laws of war . 2. justification for the initiation of military force . 3. decisions about who may be targeted in warfare . 4. decisions on choice of weaponry , and what collateral effects such weaponry may have . 5. standards for handling military prisoners . 6. methods of dealing with violations of the laws of war . Philosophy ( Strictly for private circulation only . Nature of Ethics Scientific Nature : Ethics is a normative science which determines norms , moral values in a person and an individual's character . It is a systematic explanation of what is right and what is wrong . Not Art : Ethics is not art as art deals with the acquisition of skill to produce objects , while morality deals with motive , intention , purpose and choice which are considered right or wrong in the light of goodness . ( web ) Variable Nature : Ethics is not static . It is not always the same . Human beings change and the morality and ethical perspective in them also changes . Exclusively for Human Beings : Ethics can only be applied to human beings as we are the ones who have the capacity for moral judgement . We cannot expect ethical behaviour from animals , as they are not as intelligent as human beings are so ethics is exclusively for human beings . Objectives of Ethics Ethical objectives are based on the following factors : Objectivity Impartiality Accuracy Public Accountability Fairness Truthfulness The objectives of ethics are to study and assess human behaviour . It is also to establish principles and moral standards of behaviour . Ethics is not compulsory in a person's life and it is not forced upon anyone but being ethical is one step forward towards being a good person . 2 ) Moral Concepts Good , The Absolute Good , Right , Duty , Virtue , Moral Obligation . The most basic aim of moral philosophy , and so also of the Groundwork , is , in Kant's view , to " seek out " the foundational principle of a " metaphysics of morals , " which Kant understands as a system of a priori moral principles that apply the Cl to human persons in all times and cultures . Kant pursues this project through the first two chapters of the Groundwork . He proceeds by analyzing and elucidating commonsense ideas about morality , including the ideas of a " good will " and " duty " . The point of this first project is to come up with a precise statement of the principle or principles on which all of our ordinary moral judgments are based . The judgments in question are supposed to be those that any normal , sane , adult human being would accept on due rational reflection . Nowadays , however , many would regard Kant as being overly optimistic about the depth and extent of moral agreement . But perhaps he is best thought of as drawing on a moral viewpoint that is very widely shared and which contains some general judgments that are very deeply held . In any case , he does not appear to take himself to be primarily addressing a genuine moral skeptic such as those who often populate the works of moral philosophers , that is , someone who doubts that she has any reason to act morally and whose moral behavior hinges on a rational proof that philosophers might try to give . For instance , when , in the third and final chapter of the Groundwork , Kant takes up his second fundamental aim , to " establish " this foundational moral principle as a demand of each person's own rational will , his conclusion apparently falls short of answering those who want a proof that we really are bound by moral requirements . He rests this second project on the position that we or at least creatures with rational wills possess autonomy . The argument of this second project does often appear to try to reach out to a metaphysical fact about our wills . This has led some readers to the conclusion that he is , after all , trying to justify moral requirements by appealing to a fact autonomy that even a moral skeptic would have to recognize . Kant's analysis of the common moral concepts of " duty " and " good will " led him to believe that we are free and autonomous as long as morality , itself , is not an illusion . Yet in the Critique of Pure Reason , Kant also tried to show that every event has a cause . Kant recognized that there seems to be a deep tension between these two claims : If causal determinism is true then , it seems , we cannot have the kind of freedom that morality presupposes , which is " a kind of causality " that " can be active , independently of alien causes determining it " . Kant thought that the only way to resolve this apparent conflict is to distinguish between phenomena , which is what we know through experience , and noumena , which we can consistently think but not know through experience . Our knowledge and understanding of the empirical world , Kant argued , can only arise within the limits of our perceptual and cognitive powers . We should not assume , however , that we know all that may be true about " things in themselves , " although we lack the " intellectual intuition " that would be needed to learn about such things . These distinctions , according to Kant , allow us to resolve the " antinomy " about free will by interpreting the " thesis " that free will is possible as about noumena and the " antithesis " that every event has a cause as about phenomena . Morality thus presupposes that agents , in an incomprehensible " intelligible world , " are able to make things happen by their own free choices in a " sensible world " in which causal determinism is true . Many of Kant's commentators , who are skeptical about these apparently exorbitant metaphysical claims , have attempted to make sense of his discussions of the intelligible and sensible worlds in less metaphysically demanding ways . On one interpretation ( Hudson 1994 ) , one and the same act can be described in wholly physical terms ( as an appearance ) and also in irreducibly mental terms ( as a thing in itself ) . On this compatibilist picture , all acts are causally determined , but a free act is one that can be described as determined by irreducibly mental causes , and in particular by the causality of reason . A second interpretation holds that the intelligible and sensible worlds are used as metaphors for two ways of conceiving of one and the same world ( Korsgaard 1996 ; Allison 1990 ; Hill 1989a , 1989b ) . When we are engaging in scientific or empirical investigations , we often take up a perspective in which we think of things as subject to natural causation , but when we deliberate , act , reason and judge , we often take up a different perspective , in which we think of ourselves and others as agents who are not determined by natural causes . When we take up this latter , practical , standpoint , we need not believe that we or others really are free , in any deep metaphysical sense ; we need only operate " under the idea of freedom " ( G 4 : 448 ) . Controversy persists , however , about whether Kant's conception of freedom requires a " two worlds " or " two perspectives " account of the sensible and intelligible worlds Although the two most basic aims Kant saw for moral philosophy are to seek out and establish the supreme principle of morality , they are not , in Kant's view , its only aims . Moral philosophy , for Kant , is most fundamentally addressed to the first - person , deliberative question , " What ought I to do ? " , and an answer to that question requires much more than delivering or justifying the fundamental principle of morality . We also need some account , based on this principle , of the nature and extent of the specific moral duties that apply to us . To this end , Kant employs his findings from the Groundwork in The Metaphysics of Morals , and offers a categorization of our basic moral duties to ourselves and others . In addition , Kant thought that moral philosophy should characterize and explain the demands that morality makes on human psychology and forms of human social interaction . These topics , among others , are addressed in central chapters of the second Critique , the Religion and again in the Metaphysics of Morals , and are perhaps given a sustained treatment in Anthropology from a Pragmatic Point of View . Further , a satisfying answer to the question of what one ought to do would have to take into account any political and religious requirements there are . Each of these requirement turn out to be , indirectly at least , also moral obligations for Kant , and are discussed in the Metaphysics of Morals and in Religion . Finally , moral philosophy should say something about the ultimate end of human endeavor , the Highest Good , and its relationship to the moral life . In the Critique of Practical Reason , Kant argued that this Highest Good for humanity is complete moral virtue together with complete happiness , the former being the condition of our deserving the latter . Unfortunately , Kant noted , virtue does not insure wellbeing and may even conflict with it . Further , he thought that there is no real possibility of moral perfection in this life and indeed few of us fully deserve the happiness we are lucky enough to enjoy . Reason cannot prove or disprove the existence of Divine Providence , on Kant's view , nor the immortality of the soul , which seem necessary to rectify these things . Nevertheless , Kant argued , an unlimited amount of time to perfect ourselves ( immortality ) and a commensurate achievement of wellbeing ( insured by God ) are " postulates " required by reason when employed in moral matters . Throughout his moral works , Kant returns time and again to the question of the method moral philosophy should employ when pursuing these aims . A basic theme of these discussions is that the fundamental philosophical issues of morality must be addressed a priori , that is , without drawing on observations of human beings and their behavior . Kant's insistence on an a priori method to seek out and establish fundamental moral principles , however , does not always appear to be matched by his own practice . The Metaphysics of Morals , for instance , is meant to be based on a priori rational principles , but many of the specific duties that Kant describes , along with some of the arguments he gives in support of them , rely on general facts about human beings and our circumstances that are known from experience . In one sense , it might seem obvious why Kant insists on an a priori method . A " metaphysics of morals " would be , more or less , an account of the nature and structure of moral requirements - in effect , a categorization of duties and values . Such a project would address such questions as , What is a duty ? What kinds of duties are there ? What is the good ? What kinds of goods are there ?, and so on . These appear to be metaphysical questions . Any principle used to provide such categorizations appears to be a principle of metaphysics , in a sense , but Kant did not see them as external moral truths that exist independently of rational agents . Moral requirements , instead , are rational principles that tell us what we have overriding reason to do . Metaphysical principles of this sort are always sought out and established by a priori methods . Perhaps something like this was behind Kant's thinking . However , the considerations he offers for an a priori method do not all obviously draw on this sort of rationale . The following are three considerations favoring a priori methods that he emphasizes repeatedly . The first is that , as Kant and others have conceived of it , ethics . initially requires an analysis of our moral concepts . We must understand . the concepts of a " good will " , " obligation " , " duty " and so on , as well as their logical relationships to one another , before we can determine whether our use of these concepts is justified . Given that the analysis of concepts is an a priori matter , to the degree that ethics consists of such an analysis , ethics is a priori as a well . Of course , even were we to agree with Kant that ethics should begin with analysis , and that analysis is or should be an entirely a priori undertaking , this would not explain why all of the fundamental questions of moral philosophy must be pursued a priori . Indeed , one of the most important projects of moral philosophy , for Kant , is to show that we , as rational agents , are bound by moral requirements and that fully rational agents would necessarily comply with them . Kant admits that his analytical arguments for the CI are inadequate on their own because the most they can show is that the CI is the supreme principle of morality if there is such a principle . Kant must therefore address the possibility that morality itself is an illusion by showing that the CI really is an unconditional requirement of reason that applies to us . Even though Kant thought that this project of " establishing " the CI must also be carried out a priori , he did not think we could pursue this project simply by analyzing our moral concepts or examining the actual behavior of others . What is needed , instead , is a " synthetic " , but still a priori , kind of argument that starts from ideas of freedom and rational agency and critically examines the nature and limits of these capacities . This is the second reason Kant held that fundamental issues in ethics must be addressed with an a priori method : The ultimate subject matter of ethics is the nature and content of the principles that necessarily determine a rational will . Fundamental issues in moral philosophy must also be settled a priori because of the nature of moral requirements themselves , or so Kant thought . This is a third reason he gives for an a priori method , and it appears to have been of great importance to Kant : Moral requirements present themselves as being unconditionally necessary . But an a posteriori method seems ill - suited to discovering and establishing what we must do whether we feel like doing it or not ; surely such a method could only tell us what we actually do . So an a posteriori method of seeking out and establishing the principle that generates such requirements will not support the presentation of moral " oughts " as unconditional necessities . Kant argued that empirical observations could only deliver conclusions about , for instance , the relative advantages of moral behavior in various circumstances or how pleasing it might be in our own eyes or the eyes of others . Such findings clearly would not support the unconditional necessity of moral requirements . To appeal to a posteriori considerations would thus result in a tainted conception of moral requirements . It would view them as demands for which compliance is not unconditionally necessary , but rather necessary only if additional considerations show it to be advantageous , optimific or in some other way felicitous . Thus , Kant argued that if moral philosophy is to guard against undermining the unconditional necessity of obligation in its analysis and defense of moral thought , it must be carried out entirely a priori . Good Will , Moral Worth and Duty Kant's analysis of commonsense ideas begins with the thought that the only thing good without qualification is a " good will " . While the phrases " he's good hearted " , " she's good natured " and " she means well " are common , " the good will " as Kant thinks of it is not the same as any of these ordinary notions . The idea of a good will is closer to the idea of a " good person " , or , more archaically , a " person of good will " . This use of the term " will " early on in analyzing ordinary moral thought prefigures later and more technical discussions concerning the nature of rational agency . Nevertheless , this idea of a good will is an important commonsense touchstone to which Kant returns throughout his works . The basic idea , as Kant describes it in the Groundwork , is that what makes a good person good is his possession of a will that is in a certain way " determined " by , or makes its decisions on the basis of , the moral law . The idea of a good will is supposed to be the idea of one who is committed only to make decisions that she holds to be morally worthy and who takes moral considerations in themselves to be conclusive reasons for guiding her behavior . This sort of disposition or character is something we all highly value , Kant thought . He believes we value it without limitation or qualification . By this , we believe , he means primarily two things . First , unlike anything else , there is no conceivable circumstance in which we regard our own moral goodness as worth forfeiting simply in order to obtain some desirable object . By contrast , the value of all other desirable qualities , such as courage or cleverness , can be diminished , forgone , or sacrificed under certain circumstances : Courage may be laid aside if it requires injustice , and it is better not to be witty if it requires cruelty . There is no implicit restriction or qualification to the effect that a commitment to give moral considerations decisive weight is worth honoring , but only under such and such circumstances . Second , possessing and maintaining a steadfast commitment to moral principles is the very condition under which anything else is worth having or pursuing . Intelligence and even pleasure are worth having only on the condition that they do not require giving up one's fundamental moral convictions . The value of a good will thus cannot be that it secures certain valuable ends , whether of our own or of others , since their value is entirely conditional on our possessing and maintaining a good will . Indeed , since a good will is good under any condition , its goodness must not depend on any particular conditions obtaining . Thus , Kant points out that a good will must then also be good in itself and not in virtue of its relationship to other things such as the agent's own happiness , overall welfare or any other effects it may or may not produce A good will would still " shine like a jewel " even if it were " completely powerless to carry out its aims " . In Kant's terms , a good will is a will whose decisions are wholly determined by moral demands or , as he often refers to this , by the Moral Law . Human beings inevitably feel this Law as a constraint on their natural desires , which is why such Laws , as applied to human beings , are imperatives and duties . A human will in which the Moral Law is decisive is motivated by the thought of duty . A holy or divine will , if it exists , though good , would not be good because it is motivated by thoughts of duty because such a will does not have natural inclinations and so necessarily fulfills moral requirements without feeling constrained to do so . It is the presence of desires that could operate independently of moral demands that makes goodness in human beings a constraint , an essential element of the idea of " duty . " So in analyzing unqualified goodness as it occurs in imperfectly rational creatures such as ourselves , we are investigating the idea of being motivated by the thought that we are constrained to act in certain ways that we might not want to simply from the thought that we are morally required to do so . Kant confirms this by comparing motivation by duty with other sorts of motives , in particular , with motives of self - interest , self - preservation , sympathy and happiness . He argues that a dutiful action from any of these motives , however praiseworthy it may be , does not express a good will . Assuming an action has moral worth only if it expresses a good will , such actions have no genuine " moral worth . " The conformity of one's action to duty in such cases is only related by accident to morality . For instance , if one is motivated by happiness alone , then had conditions not conspired to align one's duty with one's own happiness one would not have done one's duty . By contrast , were one to supplant any of these motivations with the motive of duty , the morality of the action would then express one's determination to act dutifully out of respect for the moral law itself . Only then would the action have moral worth . Kant's views in this regard have understandably been the subject of much controversy . Many object that we do not think better of actions I done for the sake of duty than actions performed out of emotional concern or sympathy for others , especially those things we do for friends and family . Worse , moral worth appears to require not only that one's actions be motivated by duty , but also that no other motives , even love or friendship , cooperate . Yet Kant's defenders have argued that his point is not that we do not admire or praise motivating concerns other than duty , only that from the point of view of someone deliberating about what to do , these concerns are not decisive in the way that considerations of moral duty are . What is crucial in actions that express a good will is that in conforming to duty a perfectly virtuous person always would , and so ideally we should , recognize and be moved by the thought that our conformity is morally obligatory . The motivational structure of the agent should be arranged so that she always treats considerations of duty as sufficient reasons for conforming to those requirements . In other words , we should have a firm commitment not to perform an action if it is morally forbidden and to perform an action if it is morally required . Having a good will , in this sense , is compatible with having feelings and emotions of various kinds , and even with aiming to cultivate some of them in order to counteract desires and inclinations that tempt us to immorality . Controversy persists , however , about whether Kant's claims about the motive of duty go beyond this basic point . Suppose for the sake of argument we agree with Kant . We now need to know what distinguishes the principle that lays down our duties from these other motivating principles , and so makes motivation by it the source of unqualified value . 3. Duty and Respect for Moral Law :- According to Kant , what is singular about motivation by duty is that it consists of bare respect for the moral law . What naturally comes to mind is this Duties are rules or laws of some sort combined with some sort of felt constraint or incentive on our choices , whether from external coercion by others or from our own powers of reason . For instance , the bylaws of a club lay down duties for its officers and enforce them with sanctions . City and state laws establish the duties of citizens and enforce them with coercive legal power . Thus , if we do something because it is our " civic " duty , or our duty " as a boy scout " or " a good American , " our motivation is respect for the code that makes it our duty . Thinking we are duty bound is simply respecting , as such , certain laws pertaining to us . However intuitive , this cannot be all of Kant's meaning . For one thing , as with the Jim Crow laws of the old South and the Nuremberg laws of Nazi Germany , the laws to which these types of " actions from duty " conform may be morally despicable . Respect for such laws could hardly be thought valuable . For another , our motive in conforming our actions to civic and other laws is rarely unconditional respect . We also have an eye toward doing our part in maintaining civil or social order , toward punishments or loss of standing and reputation in violating such laws , and other outcomes of lawful behavior . Indeed , we respect these laws to the degree , but only to the degree , that they do not violate values , laws or principles we hold more dear . Yet Kant thinks that , in acting from duty , we are not at all motivated by a prospective outcome or some other extrinsic feature of our conduct except insofar as these are requirements of duty itself . We are motivated by the mere conformity of our will to law as such . To act out of respect for the moral law , in Kant's view , is to be moved to act by a recognition that the moral law is a supremely authoritative standard that binds us and to experience a kind of feeling , which is akin to awe and fear , when we acknowledge the moral law as the source of moral requirements . Human persons inevitably have respect for the moral law even though we are not always moved by it and even though we do not always comply with the moral standards that we nonetheless recognize as authoritative . Kant's account of the content of moral requirements and the nature of moral reasoning is based on his analysis of the unique force moral considerations have as reasons to act . The force of moral requirements as reasons is that we cannot ignore them no matter how circumstances might conspire against any other consideration . Basic moral requirements retain their reason - giving force under any circumstance , they have universal validity . So , whatever else may be said of basic moral requirements , their content is universal . Only a universal law could be the content of a requirement that has the reason - giving force of morality . This brings Kant to a preliminary formulation of the Cl : " I ought never to act except in such a way that I could also will that my maxim should become a universal law " . This is the principle which motivates a good will , and which Kant holds to be the fundamental principle of all of morality . Virtue and Vice Kant defines virtue as " the moral strength of a human being's will in fulfilling his duty " ( MM 6 : 405 ) and vice as principled immorality ( MM 6 : 390 ) . This definition appears to put Kant's views on virtue at odds with classical views such as Aristotle's in several important respects . First virtue , Kant's account of virtue presupposes an account of moral duty already in place . Thus , rather than treating admirable character traits as more basic than the notions of right and wrong conduct , Kant takes virtues to be explicable only in terms of a prior account of moral or dutiful behavior . He does not try to make out what shape a good character has and then draw conclusions about how we ought to act on that basis . He sets out the principles of moral conduct based on his philosophical account of rational agency , and then on that basis defines virtue as a kind of strength and resolve to act on those principles despite temptations to the contrary . Second virtue is , for Kant , strength of will , and hence does not arise as the result of instilling a " second nature " by a process of habituating or training ourselves to act and feel in particular ways . It is indeed a disposition , but a disposition of one's will , not a disposition of emotions , feelings , desires or any other feature of human nature that might be amenable to habituation . Moreover , the disposition is to overcome obstacles to moral behavior that Kant thought were ineradicable features of human nature . Thus , virtue appears to be much more like what Aristotle would have thought of as a lesser trait , viz . , continence or self - control . Third virtue , in viewing virtue as a trait grounded in moral principles , and vice as principled transgression of moral law , Kant thought of himself as thoroughly rejecting what he took to be the Aristotelian view that virtue is a mean between two vices . The Aristotelian view , he claimed , assumes that virtue typically differs from vice only in terms of degree rather than in terms of the different principles each involves ( MM 6 : 404 , 432 ) . Prodigality and avarice , for instance , do not differ by being too loose or not loose enough with one's means . They differ in that the prodigal person acts on the principle of acquiring means with the sole intention of enjoyment , while the avaricious person acts on the principle of acquiring means with the sole intention of possessing them . Fourth virtue , in classical views the distinction between moral and non moral virtues is not particularly significant . A virtue is some sort of excellence of the soul , but one finds classical theorists treating wit and friendliness alongside courage and justice . Since Kant holds moral virtue to be a trait grounded in moral principle , the boundary between non - moral and moral virtues could not be more sharp . Even so , Kant shows a remarkable interest in non - moral virtues ; indeed , much of Anthropology is given over to discussing the nature and sources of a variety of character traits , both moral and non - moral . Fifth , virtue cannot be a trait of divine beings , if there are such , since it is the power to overcome obstacles that would not be present in them . This is not to say that to be virtuous is to be the victor in a constant and permanent war with ineradicable evil impulses or temptations . Morality is " duty " for human beings because it is possible ( and we recognize that it is possible ) for our desires and interests to run counter to its demands . Should all of our desires and interests be trained ever so carefully to comport with what morality actually requires of us , this would not change in the least the fact that morality is still duty for us . For should this come to pass , it would not change the fact that each and every desire and interest could have run contrary to the moral law . And it is the fact that they can conflict with moral law , not the fact that they actually do conflict with it , that makes duty a constraint , and hence is virtue essentially a trait concerned with constraint . Sixth , virtue , while important , does not hold pride of place in Kant's system in other respects . For instance , he holds that the lack of virtue is compatible with possessing a good will ( G 6 : 408 ) . That one acts from duty , even repeatedly and reliably can thus be quite compatible with an absence of the moral strength to overcome contrary interests and desires . Indeed , it may often be no challenge at all to do one's duty from duty alone . Someone with a good will , who is genuinely committed to duty for its own sake , might simply fail to encounter any significant temptation that would reveal the lack of strength to follow through with that commitment . That said , he also appeared to hold that if an act is to be of genuine moral worth , it must be motivated by the kind of purity of motivation achievable only through a permanent , quasi - religious conversion or " revolution " in the orientation of the will of the sort described in Religion . Until one achieves a permanent change in the will's orientation in this respect , a revolution in which moral righteousness is the nonnegotiable condition of any of one's pursuits , all of one's actions that are in accordance with duty are nevertheless morally worthless , no matter what else may be said of them . However , even this revolution in the will must be followed up with a gradual , lifelong strengthening of one's will to put this revolution into practice . This suggests that Kant's considered view is that a good will is a will in which this revolution of priorities has been achieved , while a virtuous will is one with the strength to overcome obstacles to its manifestation in practice . Kant distinguishes between virtue , which is strength of will to do one's duty from duty , and particular virtues , which are commitments to particular moral ends that we are morally required to adopt . Among the virtues Kant discusses are those of self - respect , honesty , thrift , self improvement , beneficence , gratitude , sociability , and forgiveness . Kant also distinguishes vice , which is a steadfast commitment to immorality , from particular vices , which involve refusing to adopt specific moral ends or committing to act against those ends . For example , malice , lust , gluttony , greed , laziness , vengefulness , envy , servility , contempt and arrogance are all vices in Kant's normative ethical theory . 3 ) Kinds of Action - Voluntary , Involuntary , Non Voluntary . MORAL AND NON MORAL ACTIONS Here the word moral is used in a wider sense . It is used in the sense of either right or wrong . The word moral means that in which moral quality or rightness or wrongness , is present . The word non moral means that which is devoid of moral quality . All actions are not objects of moral judgment . Only voluntary and habitual actions of rational persons are objects of moral judgement . We cannot speak of the phenomena of nature , e.g. hurricanes , floods , famines etc. , as either moral or immoral . Inanimate things and events of nature are beyond the pale of moral judgement . The actions of animals also are neither moral nor immoral .Animals are devoid of reason , and cannot discriminate between right and wrong . So their actions are non - moral . Actions of children insane persons and idiots , who are not capable of reflection and discrimination are devoid of moral quality . Actions done under coercion are non moral if they cannot be resisted . Only voluntary actions and habitual actions of rational persons are objects of moral judgement . Voluntary actions are performed knowingly and intelligently by self conscious free agents with desire , prevision and choice of ends and means . Therefore , they are objects of moral judgement . Habits are the results of repeated voluntary actions . By repetition voluntary actions are fixed as habits . They become automatic and irresistible . The object of moral judgement for two reasons : 1 ) Habits are voluntarily , acquired ;; they are formed by repeated acts of will ; they could be checked before they were ingrained in the organism . 2 ) Habitual actions are begun with a volitional impulse . Even when they become firm , they can be overcome by a strong effort of will . VOLUNTARY ACTIONS Voluntary actions are actions performed by an agent deliberately and intentionally in order to realise some foreseen ends . They are actions performed by the self with volition or will . A voluntary action has three stages viz . the mental stage , the bodily stage and the external stage of consequences . THE MENTAL STAGE 1) The Mental Stage : - Every voluntary action in actuated by a spring of action . It is a feeling of want , actual or ideal . It is either an instinct , or an appetite , or an intellectual , moral or aesthetic craving . A feeling of want is always painful , and generates an impulse . But it is usually mingled with pleasure which arises from the anticipation of satisfaction of the want in future . 2 ) The feeling of Want : E.g. an appetite , is converted into a desire . Self Consciousness supervenes upon an appetite and turns it into a desire . It is not blind like an appetite . It is enlightened by self - consciousness . Desire is a craving to satisfy an appetite by attaining its proper object . In desire there is the idea of the object or end or motive which will satisfy the feeling of want . There is also the idea of the means for realising the end , whether the means is desirable or undesirable . And there is craving for the attainment of the object . There is also an impulse to attain the object . In the case of a simple action in which there is no conflict of motives , a choice is made at once and it is followed by actions . But in the case of complex action in which there is a conflict of motives the desire is not immediately followed by choice . 3) In a complex action - Sometimes the self is confronted with different motives , competing with one another . Many wants demand satisfaction at the same time . They suggest many ends simultaneously to the mind . Thus many desires pull the mind in different directions . All ends cannot be realised at the same time ; all desires cannot be satisfied simultaneously . Sometimes they are inconsistent with one another . If one is satisfied , the other has to be rejected altogether . Thus there arises in the mind of a competition rivalry , or conflict of motives of desires . 4) When there is a conflict of motives : The self - arrests actions and deliberates upon the merits and demerits of the different courses of action suggested by different motives . The self weighs them in the balance , as it were , and considers the pros and cons . This is called deliberation . It does not mean the trail of strength among desires apart from the self which are but the states of the self - deliberation is the mental process of considering the merits and demerits of the different courses of action suggested by different desires on the part of the self in order to choose one and reject the rest . 5 ) Sometimes decision is at once carried out:- In that case there is no scope for resolution . But sometimes the action is postponed and so there is a scope for resolution . Resolution means the power of sticking to the decision already made . It is determination to carry out the decision and fight indecision and vacillation . THE BODILY STAGE When choice or resolution has been made and kept up by resolution , it is converted into bodily action . The idea of movement attended to carries itself out into actual movement by its impulsive character of the idea of movement . This explanation is offered by William James . THE EXTERNAL STAGE OF CONSEQUENCE The bodily action produces changes in the external world . These are called consequences which include the following Realisation of the chosen end or motive , realization of the chosen or intended means , desirable or undesirable or both , certain foreseen consequences and certain foreseen consequences , and certain unforeseen ; unintended , accidental consequences . DESIRE Desire is a craving of an agent for the attainment of an object to relieve some want . It is a state of tension between the actual state of the self and the idea of a future state not yet realized . It is , a complex mental state consisting of cognitive , affective and conative elements . 1) The cognitive elements are the following ; idea of the end which will remove the feeling of want ; the idea of the means , either desirable or undesirable , or both , which will lead to the attainment of the end ; the cognition of the distinction between the actual and the ideal , or comparison of the present state of want with the anticipated state or realization . 2) The affective elements are the following ; a painful feeling of want which is the spring of action ; a pleasant feeling arising from the anticipation of satisfaction . These are the elements of feelings or affection . 3) The conative elements are the following ; a yarning for the attainment of the end to remove a feeling of want ; an active impulse to action to realise the end . These are the elements of conation in desire . WANT , APPETITE AND DESIRE Plants are unconscious ; animals are conscious ; men are conscious and self conscious . Plants have organic wants ; they have a blind tendency to strike their roots into the soil to draw in sap or to spread out their branches to catch light . They do not feel the organic needs because they are unconscious . The organic wants of wants of plants are blind and unconscious impulses . But animals appetites are blind but conscious tendencies . Animals are conscious ; they feel pleasure and pain . Therefore , an appetite is felt by an animal ; it is not a merely blind tendency towards a particular object ; but it is , to a certain extent , present to consciousness . There may be a definite idea of the kind of the object that will satisfy a want . In the higher animals there is a dim consciousness of the object or end , but the element of feeling is predominant . For Ex : A hungry dog may be more or less clearly conscious of the nature of the object that it wants . But in lower animals the consciousness of the object or end is somewhat dim and vague . The feeling of pleasure or pain is prominent element in their conscientistess rather than any definite idea of an object . In a desire there is not merely the consciousness of an end with an accompanying feeling of pleasure and pain but also a recognition of the object as good . There is a merely organic want of nutriment in plants . There is an appetite of hunger in animals . But in men it is converted Juster a desires ten food RELATION OF DESIRE TO THE SELF AND CHARACTER Desires belong to rational agents . They are not blind appetites of ISIS Impulses . But they are enlightened by self consciousness . They are conscious cravings of the self for realizing an end which it recognizes as good . The self chooses to realise a definite object or end which it recognizes as it's good and which it feels to be in harmony with its character Munhead rightly observes that desires are always for some objects which have a value for a self , because they are in harmony with its character . Objects are desired by a self because they have a value for it . They are valuable to the self because they fit in with its character . Hente destres are meaningless apart from a self and its character . For instance , a philosopher feels a strong desire for reading books on philosophy . This dodne for reading is organically related to his soll and character . Reading philosophical works has value for his sell , because it is in . Harmony with the philosophie al bent of his mind or his settled disposition or character . THE UNIVERSE OF DESIRE Mackenzie speaks of a universe of desire . A desire belongs to a particular universe constituted by the character of a person . It loses its meaning a part from that universe . The universe of desire is the universe of a person's ethical point of view at the moment every person lives habitually in a particular universe of desire . This universe is constituted by his permanent character . Thus his desires are not isolated phenomena in his mind . They belong to a universe of desire constituted by his character of dominant disposition . But the same person does not live constantly in the same universe of desire . Different desires dominant our minds in different moods in different conditions in different states of health . DESIRE , WISH AND WILL Desire is a factor in the act of volition . First , there is a feeling of want ; it is converted into a desire by the self ; when a desire is chosen by the self after deliberation , there is choice . Thus there can be no volition without desires . In a complex action there is a conflict of desires . In such a state the self arrests action and deliberates on the merits and demerits of the different desires and chooses one to the exclusion of others which thus becomes dominant and effective . Mackenzie call such a dominant desire a wish . A ineffective desire is simply called a desire . A dominant desire is called a wish . But a dominant desire may not be in harmony with the universe of desire in which a person lives . Therefore , it may be rejected by him . But when it fits in with his universe of desire , it is chosen by him and converted into an act of will , A poor apothecary sells poison . He does not like to sell poison . But his extreme poverty compels hum to do so . His dominant single desire is opposed to the sale of poison . But the dominant universe of desire which is constituted by his poverty compels him to will the sale of poison . The will or volition depends on a dominant universe of desire , whereas a wish is a dominant single desire . MOTIVE The word motive literally means what moves us to act in a particular way . A motive may mean an efficient cause of action or a final cause of action . It is either what moves , incites , or urges us to act or what induces us to act in a particular way . It is either a spring of action or an end of action . In the former sense , a motive is a spring of action or feeling of want . In the first sense , a Persons motive may be said to be a feeling of pleasure or pain or a motion of anger , fear , or hate . The Hedonists , like Hume , bentham , J.S.Mill and Bain , hold that feelings of pleasure and pain alone are motives of action , they are the only determinants of voluntary actions . Men always seek pleasure and avoid pain . Feelings and emotions are the springs of actions . Bentham says , " A Motive is substantially nothing more than pleasure or pain, operating in a certain manner " J.S. Mill defines a motive as " the feeling which makes him ( the agent ) will to do " . Green defines motive as " an idea of an end , which a self-consciourealize subject presents to itself and which it strives and ends to realise ". Mackenzie says , the motive that which includes us to act is the thought of a desirable end. Muirhead takes motive in the sense of the idea of the end chosen by the self which is in harmony with its character . Motive is the chosen desire or end . Sometimes there is a conflict of desires . such a case , many ends present themselves to the self , which deliberates upon their merits and demerits and choses one of them and reject the rest . This chosen end is the true motive of action . Muirhead observes that a motive is the idea of an end which is in congruence with the universe of desire in which a person lives at the moment . Thus a motive is the idea of end which is chosen by the self and felt to be in harmony with the universe of desire in which it lives at the time . This seems to be the correct view . This view does not really conflict with Mackenzie's view . It simply restricts his meaning of motive . MOTIVE AND INTENTION Bentham and J.S.Mill take the term motive in the sense of spring of action or feelings and emotions , and the term intention in the sense of the aim , object or end of action . Motive is the efficient cause of action , whereas , intention is the final cause of action . But this is wrong . Motive and intention both are the final causes of action . Only intention is wider that motive . Motive is a part of intention . The motive of a voluntary action is the chosen end which is realised by it induces the self to act . The motive of an action is the idea of the and that induces a person to perform it . This must be included in the intention , but is not identical with the whole of it . Intention includes the idea of the means which may dissuade the agent from performing the action . Thus intention is wider than motive . It includes the idea of the chosen end , the idea of the chosen means , and the idea of the foreseen consequences . HABIT A habit is the product of repeated voluntary action . Voluntary actions , involve at first an effort of will ; but when they are repeated , they become habitual and come to be performed without the guidance of consciousness or the effort of will . When a habitual action becomes thoroughly ingrained , it seems to become almost wholly automatic and suspense wholly with conscious guidance . Habits have a great ethical significance . They are results of a series of voluntary actions . Therefore they are object of moral judgment . We are morally responsible not only for our voluntary actions but also for our habitual actions , which are the results of voluntary actions . The slaves of bad habits cannot be excused from their moral guilt . They are responsible for their habits . Habits imply settled mental dispositions or character . Character is an object of moral judgment . Conduct is an expression of character . It implies knowledge and habit both . Thus habit is of great moral significance . CONDUCT Conduct covers voluntary and habitual actions . It does not include non voluntary actions , because they do not imply deliberation , choice resolution , or purpose . They are non purposive actions and as such devoid of moral quality . Conduct does not include actions which are performed under constraints or external compulsion . Conduct is willed involving choice and purpose . Choice is an act of volition . Each choice is not an isolated act of volition . But several choices constitute a connected series , which is an expression of character . The term " Conduct " should be confined to those acts that are not merely adjusted to ends , but also definitely willed . A persons conduct is the expression of his character . Conduct is free and conscious adjustment of acts to ends deliberately chosen by the self . Herbert Spencer uses the word " Conduct " in a wider sense He defines conduct as adjustment of acts to ends , CHARACTER Character is the permanent bent of the mind , constituted by the settled habits of will . It is a system of permanent tendencies or dispositions to actions voluntarily acquired . It is different from nature . Character is acquired by a person by his voluntary actions . Nature is innate but character is acquired . Character is built up by a person out of his natural tendencies and dispositions by controlling and regulating them by reason . Thus character is built out of innate nature . Character is the inner side of conduct . Conduct is the outer expression of character . So Ethics is said to be the science of morality of conduct of the science of goodness or badness of character . CIRCUMSTANCE A person's conduct partly depends upon his character , and partly upon the condition and circumstances in the physical and social environment . External circumstances partly determine conduct . Even a person of strong character cannot avoid the influence circumstances . What , then , is the ethical significance of circumstances ? They are not simply the external environment in which a person lives . The position of the planets , the strata of the earth in the locality , the mountains and the sea , the wind and the tides are not to be regarded as circumstances , if they do not influence the conduct of a person . But the climate , the fertility of the soil , the presence of coal or iron , and the like , are regarded as circumstances , because they influence the conduct of a person . Teacher's friends , companions , customs and manners , literature and religion are more important circumstances , because they mould the conduct of a person considerably . Circumstances are not mere external conditions . They are the external conditions in so far as they influence a person's conduct . Circumstances depend upon a person's character . He takes note of , and responds to those circumstances alone which fit in with his character . The either conditions in the environment he ignores altogether and does not take into account . They do not influence his actions . They are not in any way , circumstances to him . Thus circumstances depend upon character ; they are not entirely foreign to it .
- KAUTILYA
KAUTILYA Brief Introduction of Kautilya: Kautilya is estimated to have lived from 350 – 283 B.C. He was an Indian political thinker in ancient India Chanakya is hyped as the economist of India”. Kautilya was the adviser and Prime Minister of Emperor Chandragupta. Kautilya was a professor at the University of Takshila (located in the present time in Pakistan) and was an expert in commerce, warfare, economics, etc. His well-known works contain Chanakya Neeti, Arthashastra, and Neetishastra. At the time of Kautilya's birth, he had a full set of teeth, which is a symbol that he would become a king or ruler. But since Chanakya was born in a Brahmin family, it was well thought-out improper. Consequently, his teeth were broken and it was forecasted that he would make another person an emperor and rule him. During child age, Chanakya had the qualities of a born leader. His level of awareness was beyond children of his time. Chanakya was thrown out of the court of King Nanda who was Magdh emperor as he was a blunt man and spoke his mind clearly. Chanakya swore he would take revenge. He comes across Chandragupta as a young child. Yet at that age, he was a born leader and showed the qualities of a talented ruler. He was the guiding force behind Chandragupta and the crucial person who made him a capable ruler. Kautilya puts in poison in little amounts daily in Chandragupta’s food in order to make him immune to poisonous, lest some rival tries to toxic emperor Chandragupta’s. Though Chandragupta was unknown this fact and once gave a little part of food to his wife after eaten that food she died she was in the ninth month of pregnancy also. After that Chanakya cut open her belly and took out the baby. This baby grew up to turn into capable emperor and famous named Bindusara. In Bindusara emperor had a minister Subandhu who dislike Chanakya. He misguides Bindusara that Chanakya had killed his mother. Without evaluating real facts, Bindusara confronted Chanakya. After some time knowing the whole and real story, he felt embarrassed at his speedy actions and begged for forgiveness. He ordered Subandhu to go and apologize and make Chanakya come back. Subandhu was very cunning and on the pretext of going to apologize to Chanakya, he killed him. Theirefore ended the life of a great person like Chanakya just because of political jealousy. Kautilya’s Arthashtra, a book on statecraft was written tin the Maurya period in 4th century B.C. the text was divided into 15 chapters, 380 Shlokas and 4968 Sutras known as books. Different books deal with different subject matters concerning polity, economy and society, the king’s duties, the code of conduct of officers, agriculture and industry, the inter-state relations. Kautilya was the chief advisor of the king Chandra gupta maurya, in his rule the biggest Hindu empire came into being. Kautilya’s wish was for his king to triumph over the world. In his book Chankaya focused on king diplomacy related to Peace, War, Neutrality, Marching, Alliance, Double Policy war, diplomacy and various parts of life. His book is still being analysed and discussed in the strategic society. SEVEN ESSENTIAL ELEMENTS In book Arthashastra, Kautilya lists seven pillars for an organisation. “The king, the minister, the country, the fortified city, the treasury, the army and the ally are the constituent elements of the state” namely: • The King (The leader): All great organisations have great leaders. The leader is the visionary, the captain, the man who guides the organisation. In today’s corporate world we call him the Director, CEO, etc. Without him we will loose direction. • The Minister (The manager): The manager is the person who runs the show – the second-in-command of an organization. He is also the person whom you can depend upon in the absence of the leader. He is the man who is always in action. An extra ordinary leader and an efficient manager together bring into existence a remarkable organization. • The Country (Your Market): No business can exist without its market capitalization. It is the area of your operation. The place from where you get your revenue and cash flow. You basically dominate this territory and would like to keep your monopoly in this segment. • The Fortifid City (Head Office): a place from where all planning and strategies are made. It’s from here that your central administrative work is done. It’s the nucleus and the center of any organization. • The Treasury: Finance is an extremely important resource. It is the backbone of any business. A strong and well-managed treasury is the heart of any organization. Your treasury is also your financial hub. • The Army (Your Team): When we go to war, we need a well-equipped and trained army. The army consists of your team members. Those who are ready to fight for the organization. The salesmen, the accountant, the driver, the peon – all of them add to your team. • The Ally (Friend / Consultant): In life you should have a friend who is just like you. Being, in the same boat, he can identify with you and stay close. He is the one whom you can depend upon when problems arise. After all, a friend in need is a friend in deed. CHANAKYA SUGGESTION FOR A COUNTRY Chanakya in his book Arthashatras suggested idea of a country reaching the following levels of development in terms of ideologies and social and economic development: • A self sufficient economy which is not dependent on foreign trade. • An egalitarian society where there are equal opportunities for all. • Establishment of new colonies for the augmentation of resources. He also advocated the development of the already annexed colonies. His imperialistic views can be interpreted as the development of natural and man made resources. • According to Chanakya, the efficient management of land is essential for the development of resources. It is essential that the state keeps an eye on the occupation of excess land by the landlords and unauthorized use of land. Ideally the state should monitor the most important and vital resource – Land. • The state should take care of agriculture at all times. Government machinery should be directed towards the implementation of projects aimed at supporting and nurturing the various process; beginning from sowing of seeds to harvest. • The nation should envisage constructing forts and cities. These complexes would protect the country from invasions and provide internal security. The cities would act as giant markets increasing the revenue of the state. • Internal trade was more important to Chanakya than external trade. At each point of the entry of goods, a minimal amount of tax should be collected. The state should collect taxes at a bare minimum level, so that there is no chance of tax evasion. • Laws of the state should be the same for all, irrespective of the person who is involved in the case. Destitute women should be protected by the society because they are the result of social exploitation and the uncouth behavior of men. • Security of the citizens at peace time is very important because state is the only savior of the men and women who get affected only because of the negligence of the state. Antisocial elements should be kept under check along with the spies who may enter the country at any time. • Chanakya envisioned a society where the people are not running behind material pleasures. Control over the sense organs is essential for success in any endeavor. Spiritual development is essential for the internal strength and character of the individual. Material pleasures and achievements are always secondary to the spiritual development of the society and country at large. (B) Manu Manu is a term found with various meanings in different mythologies of Hinduism. In early texts, it refers to the representative man, or to the first man (progenitor of humanity). In later texts, Manu is the title or name of mystical sage-rulers of earth, or alternatively as the head of mythical dynasties that begin with each cyclic kalpa (aeon) when the universe is born anew. The title of the text Manusmriti uses this term as a prefix, but refers to the first Manu Svayambhuva, the spiritual son of Brahma. On the the other hand in some Puranic mythology, each kalpa consists of fourteen Manvantaras, and each Manvantara is headed by a different Manu. The current universe, in this mythology, is asserted to be ruled by the 7th Manu named Vaivasvata. In Vishnu Purana, Vaivasvata, also known as Sraddhadeva or Satyavrata, was the king of Dravida before the great flood. He was warned of the flood by the Matsya (fish) avatar of Vishnu, and built a boat that carried the Vedas, Manu’s family and the seven sages to safety, helped by Matsya. The myth is repeated with variations in other texts, including the Mahabharata and a few other Puranas. It is similar to other flood myths such as that of Gilgamesh and Noah. Manusmriti, translated “Laws of Manu” or “Institutions of Manu,” is the most important and authoritative Hindu Law Book (Dharmashastra), which served as a foundational work on Hindu law and jurisprudence in the ancient Indian society. Until the modern times it was the standard reference for both the rulers who patronized Vedic faith and the people who practiced it. According to Hindu tradition Manu is considered to be the first sons of Brahma’s and a progenitor of human race, so it is very difficult to decide the period of Manusmriti. It considered to that law of Manu might have been identified to the Vedic people for a long time before they were codified into their present form sometime during the post Vedic period. In ancient India the people believed in the order and regularity of the world as the manifestation of God’s will and intent, and the clear victory of the divine forces over the demonic. Therefore, the laws governing the perform of individuals and the order and regularity of Hindu society were prepared by many scholars and sages in ancient India since the primitive times. Manusmriti schemes an ideal society and best human conduct as the basis to establish a systematically society and divine centered life. To support those principles and implement divine will, it offers numerous laws to minutely govern human life and conduct as applicable to each individual according to her or his society category, responsibilities and functions. Their object is to maintain control, provide a basis for the rulers to enforce lawful conduct, and ensure the orderly progression of the world through righteous conduct and observation of obligatory duties by individuals. The power to implement the laws is carefully circulated among the rulers and the guardians of society who support him in taken decision. The laws that were proposed by Manu to govern human conduct and society reflect the conditions, needs and values of the times in which they were formulated. Most of them do not fit into the present day value system. They acknowledge prevailing social and gender inequalities as natural conditions of human existence, and propose laws to govern the behavior of individuals without providing scope for any changes that time may bring in the conditions of society or the lives of people. Hence, today you may find many laws of Manu archaic, outdated, and even primitive. The laws favor a paternalistic society and family system, vesting the authority to regulate them with men, and proposing rather a subordinate status and subservient role to women. They also betray a clear lack of trust in the integrity and sexual choices of women, thereby suggesting that they should always be guarded by men and should never be left alone in the presence of men outside their families. At the same time, they do not ignore or undermine the role of women in family and domestic matters, and urge men to treat them with honor and respect and not let them suffer. Manusmriti recognize and validate the caste system as the foundation of order and regularity of society. It identifies four classes of people like Brahmanas, Kshatriyas, Vaisyas and Sudras, and their own roles in the protection of dharma. Brahmanas and Kshatriyas are given many civil liberties and superior leniency in matters of sentence for misbehavior, whereas Sudras are given the least number of civil liberties but the harshest of punishments even for minor misdemeanors. Thus, it is important to study Manusmriti with an open mind to understand its historical and religious importance in the development of Hinduism from its early days to its current shape.
- The State Is A Central Theme Of Political Science
The State, Elements of State, Distinguish State with Society, Association, Government and Nation Explain Meaning of State The state is a central theme of political science. It Is the be all and end all Of Political science and the study of political science revolves around the state. It Is the super organization in society which controls and coordinates the activities of individuals and associations within Its territorial domain. The state came into existence for the bare necessities of man and it continues to exist for the sake of the good life. Here, it is to be pointed out that the state exists in and through law. The main responsibility of the state is to provide security peace, order, and good governance to its people, who continuously and habitually obey its laws In short, the term state refers to the permanent institution which exercises sovereign power within a definite territory. Definitions of State:- 1)According to Woodrow Wilson:- The state is a people organized for law within a definite! territory. 2)According to Aristotle.- The state is a union of families and villages having for its end a perfect and self-sufficing life, by which we mean a happy and honorable life. 3)According to J. W. Garner:- State is a community of persons, more or less numerous,! permanently occupying a definite portion of territory, independent or nearly so, ofI external control and possessing an organized government to which the great body of inhabitants render habitual obedience. Personal observation:- The study reveals that the state exists when people settled in the country under its own sovereign government. It has also been observed that the state is; a politically organized community of people, which is occupying a definite portion of territory and is exercising sovereign power through its government over all the persons and places falling ii its territory and is not under any external control. Elements of State:- The statement of different political scientists on four (4) elements of the state. They are:- 1) population :- the state is a human institution. There, the population is an essential element of the state .without population there can be no state. a population can be more or less but it has to be there. However, the population can constitute a state only when it is united by the condition of interdependence by the condition of interdepends consciousness of common interest and for common rules of behavior and institutions. Lastly, an uninhabited territory cannot be called a state. (A)What should be the size of population? How many people are needed to make a state? There is no hard and fast rule as to what should be the ideal number of population for a state. But there is a controversy among political thinkers presiding the numerical strength of the population which a state should possess. The Greek philosopher Plato suggested that an ideal state should have a population of 5040. Whereas the French philosopher Rousseau fixed the population of an ideal state at 10,000. Aristotle said that the population of a state should neither be so small as to become a source of insecurity nor should be so large as to create problems for a peaceful life. He was in favour of optimum population. In modern times, it is difficult to put limits on the size of population. In our time. The population of states varies greatly from the few thousands to the many millions. For example-China and India as the most populous state having more than 100 crores of population and Monaco and San Marino with a population of some thousands. (B)Population of a state can both be an asset and liability for the state:- Large population is an asset in some extent. However, it can be a liability if the resources of the state are not adequate for its maintenance. One of the main problems faced by developing countries is overpopulation. Thus, there should be a happy balance between the size of the population and material wealth of the state. (C)Lastly, mere size of population dose not determine the national power of a country. Material progress depends on the quality of population. (2)Fixed territory:- International law demands the possession of a fixed territory as the essential attribute of the state. The enforcement of such international obligations entails the demarcation of state boundaries for finding out their real identity. Therefore, fixed territory is also regarded as an essential element of the state. Because state is a territorial unit. It cannot exist in the air or at the sea. Territory is usually a geographical phenomenon, dividing different states by sea, mountains or other big natural barriers. Without territory, a state cannot be visualized. For example-Nomads who wander from place to place and do not settle down on a particular piece of land permanently do not constitute a state. It is an evidence which has proved that fixed territory is an essential attribute of state. Territory of a state Includes the land, water and air space within its boundaries, it al^ extends usually a distance of 12 miles Into the sea from its coast is known as territorial waters. It Is to be pointed out that two states cannot co-exist on the same territory. There Is no definite limit of territory of a state. A state can have a large or small territory. According to International law, all states are equal in status and right, no matter how unequal they are In population and area. It is claimed that smaller states are good for efficient administration and inculcating among the people a sense of unity and love for the state. However, the truth is that a small state is at a disadvantage in its relation with larger ones. Small states are less secure than big states and remote possibility of attaining economic of the availability of resources they are economically self-sufficient. (3)Organized government:- People occupying a definite territory cannot form a state unless they are politically organized unless they are politically organized i.e,, unless they possess a government. The government is the concrete and visible instrument of state power. The authority of state is exercised by the government; functions of the state are performed by the government. The laws of the State are made, declared and enforced and enforced by the government; justice is dispensed by the judicial organ of the government. The government is responsible for the maintenance of law and order and for the provision of public utility services. Therefore, without government the population would be an incoherent, unorganized, anarchic mass with no means of collective action. Professor Garner describes government as the agency through which common policies are determined and by which common affairs are regulated. The study points out that without the government there would be lawlessness and anarchy and ultimately the state would be dissolved. All key national to sign, what military action to take etc. are taken by the government. In short; government is that group of individuals who control the operation of the state at any particular time. From the study, it has been observed that the government and state should not be treated as co-terminus. The government may rise and fall without disturbing the identity of state. Lastly, the government is dynamic in nature. (4)The Sovereignty:- Sovereignty is the most important attribute of state. Sovereignty implies the supreme power of the state which distinguishes state from all other associations. Sovereignty denotes the ultimate power of the state to make laws or take political decisions, resolving conflicts and also enforcing such laws and decisions by the use of legitimate force. In fact, sovereignty denotes the final authority of the state over its population and its territory. By virtue of sovereignty that a state declares its laws, decisions and issues commands which are binding on all citizens and punishes offenders and also a state deals independently with other states. It is to pointed out that sovereignty provides the basis on which the state regulates all aspects or the people who live on its territory. Sovereignty has two aspects-lnternal External, Internally viewed, the state has supreme power over all individuals and associations within its fixed area. It can compel obedience of its people to its laws and commands. Externally viewed, the state is from control of any foreign state or alien rule. It should be noted that a state continues to exist so long as it is armed with sovereignty. The will of state cannot be challenged by any other power outside the state. No state can really become a state without sovereignty. India become a state in 1947 when it became independent. It was after her independence that India got the power to exercise sovereignty internally as well as externally. Relationship between State and the Association Intimate social relationship for achieving certain ends or purposes gives rise to the formation of associations. And the association is a group organized for the pursuit of an interest or a group of interest is in common. There is a definite purpose behind associations realized through cooperative efforts of its members. The principal motive behind Association is to create a field of co-operation and ideal friendship among the individuals and to look to their interests and fulfilment of common ends. The relationship between the two:-The state is the most powerful and most universal of all social institutions. It is the supreme organization which regulates and coordinates the activities of individuals and associations within its fixed area. Thus, the state is an Association of associations". In society, we have Association of seven kinds namely, Kinship, Religious, Cultural, Recreational, Philanthropic, Vocational and Political. Like other associations, the state is an association. But it differs from other associations in many respects. Firstly, State is a sovereign institution out other associations are non-sovereign institutions:- State is the only association which possesses and exercises supreme power. The exercises of sovereignty distinguishes it from other associations. The state can compel the individuals and associations within its jurisdiction to carry out its orders or to conform to its laws and regulations. In other words, the laws of the State are binding on its members. While other associations cannot compel their members into submission. Their power of punishment is limited. Even, other associations have no power to command obedience. Secondly, Membership of state is compulsory but that of an_association is voluntary membership of a state is compulsory. It does not depend upon the will of a person. Every individual is bound to be a member of the state. If he is born into the state, no doubt, one may renounce the citizenship of a state and take up that of another but it involves procedural, technical and legal deals, and one has to living in a state for a certain number of years before becoming eligible for its membership. On the other hand, the membership of an association is purely voluntary in nature. No one can be forced to become a member of an association. He is free to decide to join an association or any time withdraws from it. It is to be pointed out that "an individual is a member of one state only at one point of time but he may be at the same time a member of various of various association". Thirdly, The state is essentially territorial organization may or may not be territorial:- The state is the territorial association. It must have a fixed territory. Its authority is confined to that area only. A person living within the territorial jurisdiction of a state is subject to its legal jurisdiction. But an association can work within a limited territory or it may encompass the entire world. There are several associations of international character whose activities transcend the boundaries of a state. For example-Red Cross society is an Association having its branches all over the world. Therefore, the jurisdiction of an association is limited to its respective members and has no relation to territorial boundaries. Fourthly, State is permanent and associations are a temporary:- State is permanent so i long as it possesses sovereignty. But this is not the case with associations. Some of the associations came into existence for a particular purpose and with the achievement of that purpose they become defunct. Some other associations may be dissolved because of internal1 conflicts and differences. Fifthly, The scope of state activity is wider than that of an association:-The state maintains peace and order along with it, tries to promote economic, moral, cultural and social welfare of the people. So a modern welfare state perform innumerable functions for the overall well-being of the community. As against it every association is organized to serer a limited set of objectives. Some associations have just one objective. The field of activity of each association is limited and it is concerned only with the promotion of the interests of its members. For example-a-Labour union attempts to safeguard the economic interests of its members. Lastly, State is the association of associations:-The state of the political Association! which enjoys sovereign power but no other association possesses it. The state by exercising this sovereign power controls and regulates the activities of other associations. Every association is organized to satisfy a few or some requirements of individuals but the state fulfils all the requirements for which it is called an association of associations. Relationship between State and Society In ancient times, no difference use to be made between the state and society. The Greek philosophers like Plato and Aristotle made no distinction between state and society because city state was co-extensive with society. Many idealists and monistic writers on politics have not made any distinction between the two. But liberal writers like Locke came forward to recognize that the state was different from society. Hence, both are two different concepts and came to be regarded as separate and distinct institutions. They differ from each other in many respects. 1)Society is prior to the state:- Society is must older than state. Man by nature is a social animal and different forms of society have existed from time to serve familiar with the state. But in course of time, the need for protecting the social relationships as well we the need for law and order gave raise to the need the state. Many of the political scientists observed that some form of social organization existed before the state came into being. In other words, society originated much earlier than the state did. Hence, it is to be pointed out that society is anterior to the state whereas state is posterior to the society. In short, State is developed form of social organization and is a later growth. State is the result of political consciousness among men. 2)State possesses sovereignty but society does not:- Sovereignty is the hallmark of the state. The state operates through the instruments of compulsion and coercion. The state applies force to implement its laws and policies. The state by virtue of sovereignty commands obedience compulsorily from all within the state. The laws are binding on men and institutions and the legal sanction behind its laws stipulates punishment for their violation. But society has no coercive power comparable to that of the state. Authority in based on custom convention, moral persuasion or pressure of public opinion. Unlike state, the society cannot punish individuals who power comparable to that of the state. Authority in based on custom convention, moral persuasion or pressure of public opinion. Unlike state, the society cannot punish individuals who violate the laws of the society. It is clear that society is non-sovereign body. In brief, the state rules by law and force whereas society is based on customs and traditions. 3)State controls are external relations and so slightly influences our inner motives:- State is concerned with external activities of man not with the internal. State has made laws to regulate external conduct of the individual. State can take action against the activities of the individual but what a man thinks, State has nothing to do with that. But society is concerned with all aspects of human behaviour in society. Social customs and traditions, and rules of morality govern all type of social relations at all levels-lndividual, Family, Community, Neighbourhood, Regional, and National. 4) The State possesses the power to levy taxes and raise revenue but the society does not possess such power. The society has to defend on voluntary donations, subscriptions fOr the necessary collection of funds to meet its expenses. 5)The state is highly organized institution whereas society may even be unorganized Political organization is very essential for a state. Without political organization there can be no state. Because, State acts through political organization. But political organization is not necessary for the society. From the study, it has been observed that when there was no state men lived in family and in tribes and these tribes wandered from place. In spite of that there was society though it was unorganized. Even certain groups of Eskimos do not have any political organization but they do live in a society of! their own. It clearly indicates that in the absence of political organization society may be : formed but never state. 6)Society is wider than state:- The sphere of state is much narrower than society. State is j the servant of society and it is within society. In other words the state is only a part of j society and covers only political aspects of man's life. But society is a wider concept which covers the entire life of man. It includes social, economic, educational, cultural, political, religious, recreational, and in fact all type of relations. Therefore, territorially, I structurally and functionality the scope of society is wider than state. a)Territorially:- The size of the state is small in comparison to the size of society. ] The state has a definite territory. The territory of a state is fixed, but it is not the case 1 with society. A society may be broader or narrower than state. It is neither refers to any I territorial area nor has any territorial limits. For example-The Red Cross Society, Rotary I club, YMCA and YWCA are international societies and cut across the territory of the 1 large number of states. b)Structurally:- The aim of the society is to develop all aspects of individual life. I Society covers the whole range of human activities and relationships such as religious, fl educational, cultural, social, economic, political, recreational, domestic etc. But the I state is concerned only with certain type of human relationship, particularly those which I involve power, rule and authority. So, it is to be pointed out that there is no aspect of I life with which society is not concerned. c)Functionally:- The purpose of society is wider than the state. Society regulates f every form of society conduct and action and performs innumerable functions to fulfil I all the purposes in life. All such purposes do not fall in the domain of a state. The state is J only a political association and its primary purpose is to regulate the external relationship of men by maintaining law and order. In short, social relationship can extend beyond the state. d)State is only a part of society. The Relationship between State and Government The terms state and government are used interchangeably in everyday life. Many of the political scientists declare that state and government are synonymous terms. Thomas Hobbes, Louis XIV, H. J. Laski, G. D. H. Cole failed to mark any distinction between state and government. But government is never identical or coterminous with state. It was John Locke who for the first time distinguished state from government and said that state and government are two different terms having altogether different meanings. After having understood the meaning of state and its four elements, one of which is government, it becomes quite easy to make out the difference between state and government. It has been observed, the state is represented by the government. The government exercises all authority and functions on behalf of state. However, the terms ’state’ and ’government’ should not be used synonymously. The Difference between State and Government •Government is the agent of the state:- The government is the agent of the state which acts on its behalf and works to fulfil the objectives of the state. It is the machinery which formulates, enforces and realizes the will and purpose of the state. The coercive power resides in the state but government as the agent uses it to carry out the aims of that power. Garner state that ’’the government is the machinery through which common interests promoted. •The state is an abstract where as the government is concrete:- The state is abstract institution. We can only imagine all conceptualize it. It is like the soul of the body which cannot be seen but understood. Whereas government has a physical existence which can be seen in action. It is made by the people of the State. It is formed by the representatives of people or by a person, who formulates, express and execute the will of the state. It can be seen as a team of people exercising the power of the state. The people come into direct contact of the government which includes Ministers, Legislators and Officials. In other words, it is an organized group of a limited, number of people which can be seen and interact with. In short, state is subjective and government is objective. •state possesses sovereignty but government does not: - Sovereignty is the hallmark of the state. All powers belong to it. It enjoys supremacy within its territorial limits. But governments exercise all authority and functions on behalf of the State, government can do those things and perform such functions which are specialty authorized by the state. In short, state Is the principal body having original powers with the government Is a subordinate body enjoying only delegated powers. The government draws its powers from the constitution of the state. •The state Is more stable than government: - The state Is more or less permanent but cannot be called Immortal; It ceases to exist when it loses its essential attribute of sovereignty. Whereas the government is transitory. The government keeps on changing from time to time. Changes In government will not affect the state. In other words, so long as state maintains Its identity and independence, the governments may be framed or dissolved according to established procedure without affecting the character of the state. The government come and go but state continues for ever. The office holders of government are changed are changed. It is quite possible that the rule of one party j$ changed by another party. Eve death of the head of the state does not affect the status of statehood. It is in the context that the British use the maxim, the King is dead; long live the King. The above discussion clearly indicates that changed in the government do not constitute a change in the state. •Government has many forms whereas the state does not have these:- The state is uniform throughout but government are of different types and may vary from state to state. All the states are alike in the sense that they possess the same four elements. All states are identical in character. In other words, the state is a universal institution having one single form with its four essential characteristics. But government is not the same anywhere. It differs from country to country. Governments have several forms like unitary and federal, parliamentary and presidential, democratic and dictatorial and the like. •Membership of the state is compulsory but not of government: - The state consists of the whole body of people such as the rulers as well as ruled. But the membership of government is very small because it includes only the rulers. In other words, the government consists of a small part of the population who had chosen to conduct the affairs of the state. From the study, it states that each one gets the membership of a state automatically right at the time of one's birth and continues to live life as each. However, membership of the government is not an automatic. No one can be forced to become its part. Anyone can voluntarily seek an election, get elected as a representative of the people and become a part of the government. Only some persons form the government. The finding fact is the membership of government is an optional matter. •People may have grievances against the government but not against the state: - Every citizen has to be loyal to the state but it is not necessary for him to be loyal to the government. He has the right to criticize the acts of omissions and commissions government. It is to be pointed out that people have the right to revolt or criticize the government but they have no right the state. If they go against state, it will amount to going against themselves. The government may commit mistakes or blunders and for its lapses people may criticize it. From the above discussion, it is clear that distinction between state and government is more of the theoretical nature than of any practical value. Because in practice, all actions of the state and perform by government and whatever government does, it does in the name of the state. The laws which express the will of the state are framed and given effect to only through the government.
- Rights Of The Mortgagor
Rights Of The Mortgagor Right of redemption: At any time after the mortgage money has become due, the mortgagor has the right to redeem. On payment of the mortgage- money he should get back his property free from all traces of the mortgage. This is the right of redemption. It is of the essence of a mortgage. It cannot be excluded by a contract to the contrary. It cannot even be impeded or hampered in its exercise. A contract designed to impede redemption is a clog on redemption and is void. This may be illustrated by a few examples: (1) "The mortgagor alone may redeem not his heirs or assignees." This is void. Even heirs and transferees from the mortgagor may redeem. (2) "The mortgagor should repay out of his own pocket, without borrowing from others." This is void. The mortgagor can borrow and repay. (3) "The mortgagor should repay without selling the mortgaged property." This is a clog. (4) "When the mortgagor repays, he can take back only a part of the property while the remaining property will be retained by the mortgagee as owner." This is a clog. (5) "If the mortgagor does not repay on the stipulated date, he cannot repay for twelve years thereafter." This is a clog. The mortgagor can repay after the stipulated date ignoring this condition. (6) "If the mortgagor does not repay on the specified date the mortgage shall be treated as a sale." This is a clog. Once a mortgage always a mortgage. A mortgagor cannot be deprived of his right to redeem by a penal clause converting the mortgage into a sale. By the doctrine of clogs on redemption, the mortgagor's right to redeem is jealously guarded by the courts. The period of limitation for exercising this right is sixty years. Right of partial redemption: One of several mortgagors can redeem the whole mortgage. He cannot redeem only his share except when the mortgagee has acquired the share of a mortgagor. A, B & C together mortgage properties X, Y, and Z, belonging to them respectively, for Rs. 15,000. Each property is worth Rs. 10,000. Now B can redeem by paying Rs. 15,000. He can redeem Y by paying Rs. 5,000, his share of the debt. Suppose the mortgagee acquires A's interest in X, say, by transfer or by inheritance. The effect is to wipe out a part of the debt. Since A's share in the entire property mortgaged is 1/3, a third of the debt will be wiped out. The balance due is Rs. 10,000. B may pay Rs. 10,000 and redeem both Y and Z. However, he has also the right of partial redemption in such a case. He can pay Rs. 5,000 and redeem Y alone.
- The Validity of AIBE : Constitution Bench of Supreme Court Reserves The Decision but why?
The Supreme Court has started hearing petitions challenging the validity of the All India Bar Examination (AIBE). A Constitution Bench of the Supreme Court has reserved judgment on petitions challenging the validity of the All India Bar Examination (AIBE). A five-judge bench comprising Justice Sanjay Kishan Kaul, Justice Sanjiv Khanna, Justice A.S. Oka, Justice Vikram Nath and Justice JK Maheshwari. The main petition is an appeal for special leave filed by the Bar Council of India (BCI) against a 2008 decision of the Madhya Pradesh High Court in a matter relating to the grant of affiliation and recognition to a law college. When the matter went to the apex court in appeal, then Chief Justice TS Thakur referred it to a five-judge Constitution Bench for final determination of "substantial questions affecting the legal profession in general" raised before the apex court. It was during the pendency of this petition that the Bar Council of India, headed by Senior Advocate Gopal Subramaniam, decided to conduct the All India Bar Examination for the first time in 2010. After more than six years of referring the matter and more than 14 years since the High Court's decision, the Constitution Bench is finally set to put the dispute to rest. On Tuesday, the Attorney General of India and Senior Advocate K.K. Venugopal and Amicus Curie Senior Advocate K.V. Viswanathan's arguments were heard. He questioned the correctness of the legislation laid down in V. Sudhir v. Bar Council of India [(1999) 3 SCC 176] and emphasized on pre-enrollment examination. This argument was shared by BCI President Manan Kumar Mishra and Vice President S. Prabhakaran, who appeared for the statutory body. Viswanathan continued to criticize the Supreme Court's decision in v. Sudhir [(1999 3 SCC 176]. He also on the soundness of the decision in Indian Council of Legal Aid and Advice v. Bar Council of India [(1995) 1 SCC 732] raised the question, which was relied upon by the Sudir Bench. Viswanathan claimed that on the basis of these decisions, the Bar Council of India has been placed in a subordinate position in comparison to the State Bar Council. He urged that within the purposes of the Act There is a need to preserve the supremacy of the Bar Council in the light of the organizational structure created. Validity of AIBE:- 27/9/2022 Validity of AIBE: Constitution Bench of Supreme Court to consider powers of BCI to schedule examination after enrollment on September 27 The Constitution Bench of the Supreme Court will begin hearing petitions challenging the validity of the All India Bar Examination on September 27, 2022. A 5-Judge Bench comprising Justice S.K. Kaul, Justice Sanjiv Khanna, Justice AS Oka, Justice Vikram Nath and Justice JK Maheshwari, Senior Advocate K.V. Viswanathan and Attorney General K.K. Venugopal to assist the bench. Justice Kaul said that in a petition titled Bar Council of India v Twinkle Rahul Mangaonkar et al., criticizing a judgment of the Gujarat High Court, which allowed persons in other employment, whether full-time or part-time, to be enrolled as advocates without permitted to. Resigning from his job, a Division Bench headed by him exhorted the BCI to conduct an introspection on the existing mechanism for conducting bar examination, improving the quality of the said examination, quality of legal education and admission system in the country. instructions have been issued. Considering that the order passed in the said case would be of great significance in the present proceedings, the bench urged them to be included in the compilation. Justice Kaul observed that Mr. Vishwanathan, appointed amicus curiae in Bar Council of India v Twinkle Rahul Mangaonkar and others, can provide valuable insights into various aspects of the present proceedings. Advocate Ardhendumouli Kumar Prasad, appearing for BCI, explained the origin of the issue as it is before the Constitution Bench. BCI had formulated the Bar Council Training Rules, 1995 and started pre-enrolment training. This was challenged in Sudeer v. Bar Council of India et al. (1999) 3 SCC 176. The Supreme Court had quashed the pre-enrolment training considering it was beyond the competence of the Bar Council. Subsequently, in 2010, the All India Bar Examination was introduced by the BCI, which was challenged before the Supreme Court. From the above challenge the following issues arise which need to be considered by the Constitution Bench - (1) Whether references to the Bar Council of India Training Rules, 1995 framed under Section 24(3)(d) of the Advocates Act, 1961 Pre-enrollment training in training may be legitimately determined by the Bar Council of India and whether the Court's decision in Sudheer v. Bar Council of India & Ors [(1999) 3 SCC 176)] requires reconsideration. Also Read - Terms of invitation of tender not subject to judicial scrutiny unless they are arbitrary, discriminatory or malicious: Supreme Court (2) Whether a pre-enrolment examination may be prescribed by the Bar Council of India under the Advocates Act, 1961. (3) If question numbers 1 and 2 are answered in the negative, whether the post-enrolment examination by the Bar Council of India in accordance with section 49(1)(ah) of the Advocates Act, 1961 is valid can be determined from. [Case: BCI Vs Bonnie FOI Law College & Ors. [SLP (C) No. 22337/2008]
- Earth Summit 2002/Johannesburg Declaration
Earth Summit 2002/Johannesburg Declaration www.lawtool.net Earth Summit was held in Johannesburg, South Africa, from 26th August to 4th September 2002. The Earth Summit 2002 was the consequential follow-up action of the decision of the 1992 Earth Summit held at Rio-de-Janeiro and the Kyoto Summit on Global Warming 1997. Nothing much has happened after Rio to justify such a big event, says Ashok Khosla, President of the Delhi-based Development Alternatives. Shri Khosla, who played a major role in the non-governmental movement at Rio in 1992, decided not to attend the Earth Summit 2002. A host of other leaders also did not attend the summit, inter alia, for the reason of lack of clear agenda. While the 1992 Rio Summit witnessed 130 heads of the States present, the response to Johannesburg Summit was reportedly lukewarm, for less than 100 leaders were expected to attend it. Prominent absentees include U.S. President and the Indian Prime Minister. Events of Earth Summit 2002 The developed countries agreed to spend 0.7% of their GNP towards development assistance at the 1992 Rio Summit. Instead of increasing, the said figure has come down to 0.22% presently. The latest statistics reported in the context of the 2002 Earth Summit -provide that air pollution has become a major killer with 3 million people dying every year., Carbon emissions are doubled in 3 decades thereby making global warming a serious threat. 40% of the world population is facing a chronic shortage of freshwater for daily needs. Contaminated water is killing about 2.2 million people every year. Since 1990, 2.4% of the world's forests have been destroyed with a loss of 90,000 sq.kms., every year. 2/3rd of the world's farmlands suffer from soil degradation. About 800 species of wildlife have become non-existent and 1/5th of the 10,000 water species are extinct. In North America 10 fish species were extinct in the 1990s. 70% of the 9,946 known bird species have declined in numbers. The global population rose from 2.5 billion in 1950 to 6 billion in 2000 and it is expected that in the coming ten years, the world will have to feed and house another billion people. The Johannesburg Declaration On Sustainable.Development, 2002 The following is a brief sketch of the text of the Johannesburg Declaration:- From our Origins to the Future 1. We, the representatives of the peoples of the world, assembled at the World Summit on Sustainable Development in Johannesburg, South Africa from 2-4 September 2002, reaffirm our commitment to sustainable development. 2. We commit ourselves to build a humane, equitable and caring global society cognizant of the need for human dignity for all. 3. At the beginning of this Summit, the children of the world spoke to us in a simple yet clear voice that the future belongs to them, and accordingly challenged all of us to ensure that through our actions they will inherit a world free of the indignity and indecency occasioned by poverty, environmental degradation and patterns of unsustainable development. 4. As part of our response to these children, who represent our collective future, all of us, coming from every corner of the world, informed by different life experiences, are united and moved by a deeply-felt sense that we urgently need to create a new and brighter world of hope. 5. Accordingly, we assume a collective responsibility to advance strengthen the interdependent and mutually reinforcing pillars of sustainable development economic development, social development, and environmental protection at local, national, regional, and global levels. 6. From this Continent the Cradle of Humanity we declare, through Plan of Implementation and this Declaration, our responsibility to one the another, to the greater community of life and to our children. 7. Recognizing that humankind is at a crossroads, we have united in a common resolve to make a determined effort to respond positively to the need to produce a practical and visible plan that should bring about poverty eradication and human development. From Stockholm to Rio de Janeiro to Johannesburg 8. Thirty years ago, in Stockholm, we agreed on the urgent need to respond to the problem of environmental deterioration. Ten years ago, at the United Nations Conference on Environment and Development, held in Rio de Janeiro, we agreed that the protection of the environment and social and economic development are fundamental to sustainable development, based on the Rio Principles. To achieve such development, we adopted the global program, Agenda 21, and the Rio Declaration, to which we reaffirm our commitment. The Rio Summit was a significant milestone that sct a new agenda for sustainable development. 9. Between Rio and Johannesburg the world's nations met in several major conferences under the guidance of the United Nations, including the Monterrey Conference on Finance for Development, as well as the Doha Ministerial Conference. These conferences defined 9. for the world a comprehensive vision for the future of humanity. 10. At the Johannesburg Summit we achieved much in bringing together a rich tapestry of peoples and views in a constructive search for a common path, towards a world that respects and implements the vision of sustainable development. Johannesburg also confirmed that significant progress has been made towards achieving a global consensus and partnership amongst all the people of our planet. The Challenges We Face 11. We recognize that poverty eradication, changing consumption and production patterns, and protecting and managing the natural resource base for economic and social development are overarching essential requirements of, and for sustainable objectives development. 12. The deep fault line that dividend human society between the rich and the poor and the ever-increasing gap between the developed and developing worlds pose a major threat to global prosperity, security, and stability. 13.The global environment continues to suffer. Loss of biodiversity continues, fish stocks continue to be depleted, desertification claims more and more fertile land, the adverse effects of climate change are. already evident, natural disasters are devastating and developing countries more vulnerable, and air, water, and marine pollution continue to rob millions of a decent life. 14. Globalization has added a new dimension to these challenges. The rapid integration of markets, mobility of capital, and significant increases in investment flows around the world have opened new challenges and opportunities for development. But the benefits and costs of globalization are unevenly distributed, with developing countries facing special difficulties in meeting this challenge. 15. We risk the entrenchment of these global disparities and unless we act in a manner that fundamentally changes their lives, the poor of the world may lose confidence in their representatives and the democratic systems to which we remain committed, seeing their representatives as nothing more than sounding brass or tinkling cymbals. Our Commitment to Sustainable Development 16. We are determined to ensure that our rich diversity, which is our collective strength, will be used for the constructive partnership for change and for the achievement of the common goal of sustainable development. 17. Recognizing the importance of building human solidarity, we urge the promotion of dialogue and cooperation among the world's civilizations and peoples, irrespective of race, disabilities, religion, language, culture and tradition. 18. We welcome the Johannesburg Summit focus on the indivisibility of human dignity and are resolved through decisions on targets, timetables, and partnerships to speedily increase access to basic requirements such as clean water, sanitation, adequate shelter, energy, health care, food security, and the protection of biodiversity. At the same time, we will work together to assist one another to have access to financial resources, benefit from the opening of markets, ensure capacity building, use modern technology to bring about. development, and make sure that there is technology transfer, human .resource development, education, and training to banish forever underdevelopment. 19. we reaffirm our pledge to place particular focus on and give priority attention to the fight against the worldwide condition that poses severe threats to the sustainable development of our people. Among attention to, the fight against the worldwide conditions that pose chronic diseases, in particular, HIV/AIDS, malaria, and tuberculosis. 20. We are committed to ensuring 'that women's empowerment and emancipation, and gender equality are integrated into all activities encompassed within Agenda 21. the Millennium Development Goals and the Johannesburg Plan of Implementation. 21. we recognize the reality that global society has the means and is endowed with the resources to address the challenges of poverty eradication and sustainable development confronting all humanity. Together we will take extra steps to ensure that these available resources are used to the benefit of humanity. 22. In this regard, to contribute to the achievement of our development goals and targets, we urge developed countries that have not done so to make concrete efforts towards the internationally agreed levels of Official Development Assistance. 23. We welcome and support the emergence of stronger regional groupings and alliances, such as the New Partnership for Africa's Development (NEPAD), to promote regional cooperation, improved international co-operation and promoțe sustainable development. 24. We shall continue to pay special attention to the developmental needs of Small Island Developing States and the Least Developed Countries. 25 We reaffirm the vital role of the indigenous peoples in sustainable development. 26. We recognize sustainable development requires perspective and broad-based participation in policy formulation, decision-making, and implementation at all levels. As social partners, we will continue to work for stable partnerships with all major groups respecting the independent, important roles 27. We agree that in pursuit of their legitimate activities the private sector, both large and small companies, have a duty to contribute to the evolution of equitable and sustainable communities and societies. a long-term each of these. 28.We also agree to provide assistance to increase income-generating employment opportunities, taking into account the International Labour Organization (ILO) Declaration of Fundamental Principles and Rights at Work.
- The Preamble Of The Indian Constitution
Table of Contents The Preamble of the Indian Constitution and its importance Preamble Type of Government Sovereignty Socialist Secular Democratic Republic Objectives of the Indian political system Justice Liberty Equality Fraternity Summary The Preamble of the Indian Constitution and its importance The Preamble to a Constitution is expected to embody the fundamental values and the philosophy on which the Constitution is based and the aims and objectives the founding fathers enjoined to strive to achieve. In other words Preamble is a preliminary or introductory statement in speech or writing. It has been rightly stated that ‘Preamble’ is like an introduction or preface of a book. It explains the purposes and objectives with which the document has been written. As such the ‘Preamble’ provides the guidelines of the Constitution. Preamble We, the people of India, having solemnly resolved to constitute India into a ‘Sovereign, Socialist, Secular, Democratic Republic and to secure to all its citizens : Justice, social, economic, and political; Liberty of thought, expression, belief, faith, and worship; Equality of status and of opportunity; and to promote among them all Fraternity assuring the dignity of the individual and the unity and integrity of the Nation; in our Constituent Assembly, this twenty-sixth day of November 1949 do hereby adopt, enact and give to ourselves this Constitution. The ‘Preamble’, in brief, explains the objectives of the Constitution in two ways: India-I One, about the structure of the governance and the other, about the ideals to be achieved in independent India. It is because of this, the Preamble is considered to be the key of the Constitution. A motion was adopted by the Assembly that’ the Preamble stands a part of the Constitution’. It would be pertinent to look at what do these objectives mean and how have these been reflected in the Constitution. The opening and closing words of the Preamble, “We the people of India, adopt, enact and give to ourselves this Constitution” convey that the Constitution emanated from the people and the sovereignty under the Constitution was in the people. Type of Government The type of government assured to the people of India by the Constitution was described in the Preamble as a Sovereign, Socialist, Secular, Democratic, Republic. Sovereignty ‘Sovereignty’ is one of the foremost elements of any independent State. It means absolute independence i.e. a government that is not controlled by any other power: internal or external. A country cannot have its own Constitution without being sovereign. Hence, India is a sovereign country. It is free from external control. It can frame its own policies as well as it is free to formulate its own foreign policy. Socialist The word ‘Socialist’ was not there in the Preamble of the Constitution originally. It was added by the 42nd Amendment in 1976. The term ‘Socialist’ is somewhat controversial as it means different things to different people. In our Constitution, it has been used in the context of economic planning. The use of the word ‘Socialist’ implied acceptance of the State’s major role in the economy. It also means a commitment to attain the ideals such as the removal of inequalities, provision of minimum basic needs to all, equal pay for equal work, and avoidance of concentration of wealth and means of production in a few hands. Combining the ideals of political, social, and economic democracy with that of equality and fraternity, the Preamble aims to establish what Mahatma Gandhi described as “The Indian of my dreams … an India, in which the poorest shall feel that it is their country in whose making they have an effective voice … an India in which all communities shall live in perfect harmony … where women will enjoy the same rights as men”. Secular The unity and fraternity of the people of India, professing numbers of faiths has been sought to be achieved by enshrining the ideal of a ‘Secular State, which means that the State protects all religions equally and does not uphold any religion as the State religion. In other words ‘India is neither religious nor irreligious nor anti-religious.’ It implies that in India there will be no ‘State religion’- the State will not support any particular religion out of the public fund. It highlights that the State shall have no religion of it own. All persons shall be equally entitled to freedom of conscience and the right to profess, practice, and propagate any religion of his/her choice. This has two implications every individual is free to believe in, and practice, any religion he/she belongs to and The state will not discriminate against any individual or group on the basis of religion Democratic The term ‘Democratic’ is very comprehensive. In a narrow political sense, it refers only to the form of government, a representative and responsible system under which those who administer the affairs of the State are chosen by the electorate and accountable to them. However, in the broadest sense, it embraces in addition to political democracy also social and economic democracy. The last line of the Preamble says “…. hereby adopt, enact and give to ourselves this Constitution”. In fact, the democratic principles of the country flow from the last line of the Preamble. Democracy is generally known as a government of the people, by the people, and for the people. Republic The term ‘Republic’ implies ‘an elected Head of the State’. A democratic State may have an elected or a hereditary head. The British monarch, a hereditary ruler, is no hindrance to the latter type. There, the monarch, a hereditary ruler is no hindrance to democratic government as the real rules of the State are in the hands of the representative of the electorate. Under a Republic form, on the contrary, the Head of the State, single or collective, is always elected for a prescribed period. For example in the U.S.A., the Head of the State and Chief Executive (the President) is elected for a period of four years. Similarly, in Switzerland, a collegium of seven members is elected for a term of four years to constitute the executive. Objectives of the Indian political system The Preamble proceeds further to define the objectives of the Indian political system. There are four objectives: Justice, Liberty, Equality, and Fraternity. It has correctly been said that the struggle for freedom was not only against British rule but also to usher in an era of restoring the dignity of men and women, removal of poverty, and ending all types of exploitation. Such strong motivations and cherished ideals had promoted the framers to lay emphasis on the provisions of the aforesaid four objectives. Justice Justice implies a harmonious reconciliation of individual conduct with the general welfare of society. The essence of justice is the attainment of the common good. It embraces, as the Preamble proclaims, the entire social, economic, and political spheres of human activity. In other words, justice promises to give people what they are entitled to in terms of basic necessities or rights to food, clothing, housing, participation in decision-making, and living with dignity as human beings. The Preamble not only covers various dimensions of justice in India but also grants political justice in the form of a ‘universal adult franchise’ or ‘representative form of democracy. Liberty The term Liberty is used in the ‘Preamble’ not only in a merely negative sense but in a positive sense also. It signifies not only the absence of any arbitrary restraint on the freedom of individual actions but also the creation of conditions that provide the essential ingredients necessary for the fullest development of the personality of the individual. The ‘Preamble’ lays emphasis on liberty of thought and expression which have been granted in the Constitution through the Fundamental Rights. Equality In fact, liberty and equality are complementary to each other. Equality does not mean that all human beings are equal mentally and physically. On the other hand, it signifies equality of status, and equality of opportunity. The equality of status is provided by the prohibition of artificial restriction on the ground of religion, race, caste, color, place of residence, etc. It is supplemented by the prohibition of untouchability and by the abolition of titles. At the same time, equality of opportunity is provided by the guarantee of rule of law signifying equality before the law and non-discrimination in matters of public employment. Fraternity The ‘Preamble’ emphasizes the objective of Fraternity in order to ensure the dignity of the individual and the unity of the nation both. Fraternity is understood as a spirit of brotherhood, the promotion of which is absolutely essential in our country which is composed of various races and religions.’ Regarding ‘the dignity of the individual K.M. Munshi said “It is an instrument not only of ensuring and maintaining democratic set up vehemently but it also recognizes that personality of every individual is sacred.” Similarly the words ‘Unity and Integrity’ “have to prevent tendencies of regionalism, provincialism, linguism, communalism and secessionist and separate activities” more and more so that the dream of national integration along the lines of enlightened secularism is achieved. Summary The Constitution of a country, in simple terms, is a collection of the legal rules providing the framework for the governance of the country. It reflects the dominant beliefs and interests or some compromise between conflicting beliefs and interests, which are characteristics of the society at the time it was framed and adopted. It is a fact that no Constitution is perfect and the Constitution of India is no exception to this general rule. However, it goes to the credit of India that the wage for the constitutional government was so deep-rooted that India devised a Constitution of its own within three years of achieving political independence. The Constitution India adopted was intended to be not merely a means of establishing governmental machinery but also an effective instrument for orderly social change. The strength and stability of a Constitution depend largely on its ability to sustain a healthy and peaceful social system and when the occasion demands, facilitate the peaceful transformation of its economic and social orders. From this point of view, the Constitution has not even a single ideal that even its severest critic would characterize as outmoded or reactionary. Its basic objective is to establish a Democratic, Socialist, Secular Republic with a view to secure Justice, Liberty, Equality, and Fraternity for all its citizens.
- POLITICS OF DEFECTION IN INDIA
POLITICS OF DEFECTION IN INDIA www.lawtool.net Recently, the way politics and political parties are developing in our country, due to this, the politics of defection is developing very fast in front of us, some political experts believe, is there the end of politics or development here? For this, all of you have to first understand here why there is a change of party in politics And whether the purpose of this is in the interest of the country or not. Subhash Kashyap tried to understand this in his own words that the ease with which he leaves one party and joins another makes one thing very clear he gives more importance to any political theory or political ideology of any party. Do not give Defection in the political sense means the joining of an elected person to a party other than the political party on whose ticket he has been elected or to vote against or by that party without renouncing his membership. Form a new team. This defection politics is called floor crossing in England. In the House of Commons in England, the members of the opposing party and the government party sit face to face and if a member of any of them moves from one side to the other, he has to cross the middle path. Hence this process is called 'Floor Crossing'. Similarly, in Nigeria, it is called Carpet Crossing because in Nigeria ruling party and the opposition have different carpets and a person has to change his carpet to switch sides. Defection has been termed by some scholars as Political Opportunism, Politics of Instability, Politics of Confusion, Politics of Deviation, and Politics of Political Turn cotism. ) also said. Definitions Following are the definitions of defection In the words of Jayaprakash Narayan, “Any member elected to a legislature who had received the secure election symbol of a political party, if he, after being elected, declares to break his association with that political party or to dislodge his faith in that political party. If it does, it should be treated as a defection, provided its action is not in accordance with the decision of the party concerned. " In the words of Dr. Subhash Kashyap, " a legislator abandoning his own party, his independent platform, joining another party and forming a party or adopting independent status or voting against him in basic matters without renouncing his party's membership. To do is called change. "On the basis of the above definitions, it can be said that the following functions come in defection- (i) If a person has been selected on the ticket of a particular party and has voluntarily joined another party by renouncing the membership of that party. (ii) The person who contested the election as an independent has joined any party after winning. (iii) If a person contesting the election on the ticket of a particular party becomes an independent after winning. (iv) When a person contests the election on the ticket of any party but votes against the policies of his party in the House. Events of Defection upto 1967 Incidents of defection in Indian politics were rare until the 1967 general elections. First of all, defection was encouraged by the Indian National Congress. He broke his Akali Dal's Gyani Kartar Singh, Sardar Swaran Singh, Sardar Hukm Singh, etc. by giving them the lure of a post. Congress from Jana Sangh Pt. After converting Moulichandra Sharma and Ashok Mehta of the Praja Socialist Party, he joined them. In August 1958, 98 MLAs of the Uttar Pradesh Legislative Assembly met Chief Minister Dr. Expressing disbelief in Sampoornanand, he was forced to resign by bringing him to a minority vote. In 1962, the Governor of Madras (Chennai) Mr. Prakash invited Chakravarti Rajagopalachari to become the Chief Minister despite a minority vote, and 16 opposition members switched sides and joined the Congress and gave him a majority. On September 2, 1964, 15 Congress MLAs in Kerala switched from Congress to R. Shankar's cabinet collapsed. They formed their own governments in Rajasthan in 1952, in Orissa in 1957 by defection. Events of Defection after 1967 After the general elections of 1967, the defection in India started happening so fast that it became a serious problem for politics. After the fourth general election - 1967, the political monopoly of the Congress party came to an end and the Congress did not get majority in 8 out of 16 states, these states were Bihar, Kerala, Tamil Nadu, Orissa, Punjab, Rajasthan, Uttar Pradesh, and West Bengal. In six of these states, the opposition parties formed joint governments on the basis of the minimum programmes. In some states, the Congress party got a marginal majority and somehow formed the Congress ministries. Immediately after the elections, the Congress Party formed cabinets in Uttar Pradesh, Haryana, and Madhya Pradesh, but they collapsed due to sabotage in the Congress and the opposition parties formed mixed governments. Initially, the opposition parties aimed to keep the Congress party out of power and decided to make a collective effort to bring down the states in which the Congress governments were in power. For this, defection was made a means, as a result of which non-Congress mixed governments were formed in 9 out of 17 states of the country. But these governments could not last long and soon they collapsed and President's rule was imposed in those states. Their state-wise details are as follows. Haryana - In the general elections of 1967, Congress got 48 out of 81 seats and clearly, Bhagwat Dayal Sharma formed his cabinet. But a week later, in the election of the Speaker of the Legislative Assembly, the candidate of the Congress Party was defeated by three votes. The dissatisfied Congress MLAs broke away from the Congress party and formed the New Haryana Dal. Congress party formed a United Front government with Naveen Haryana Dal but this time Rao Virendra Singh was made in place of Chief Minister Bhagwat Dayal Sharma, who was the leader of the Naveen Haryana Dal. Many members of Naveen Haryana Dal were given places in the cabinet. That legislature could not last long. During the tenure of 8 months of the Legislative Assembly, 31 Congress MLAs defected. One MLA changed the party five times. MLA Gayalal changed the party thrice in 15 days, due to which the slogan of 'Gaya Ram-Aaya Ram' became popular in politics. A leader Randhir Singh remarked that "It is a shame that Chief Minister Rao Virendra Singh is buying MLAs and each MLA is being lured with cash dowry as well as a ministerial post so that he becomes the Chief Minister. be able to stay “Uttar Pradesh – In the fourth general elections, the Congress party could not get an absolute majority in Uttar Pradesh. Congress formed the cabinet with the help of some MLAs who left from other parties. Ch. Charan Singh was the MLA of the Congress party. He was insisting on the then Chief Minister Chandra Bhanu Gupta to include his 13 members in the cabinet, which the Chief Minister did not accept. As a result, Ch. Charan Singh announced the formation of a new party 'Jana Congress' and with it 17 MLAs of opposition. Joined in. Chandrabhanu Gupta's government became a monarchy in 18 days. Charan Singh formed the 'Bharatiya Kranti Dal' (BKD) a few days later. A few days later, he formed the government in the United Legislature Party (SVD). It also fell quickly due to internal cracks.President's rule was imposed in Uttar Pradesh. Bihar - After the fourth general election, Bihar did not get a clear majority. From 1967 to 1969, six cabinets were formed and fell in the state. In the meantime, more than 200 incidents of defection took place and as a result President's rule was imposed. Punjab After the fourth general election, seven non-Congress parties and independents formed a mixed government in Punjab. The Congress party and the opposition tried to demolish it. On November 1, 1967, under the leadership of Laxman Singh Gill, 17 MLAs left the front, which led to the collapse of the mixed government. Mr. Gill formed the government with the help of Congress, which lasted only about 9 months and President's rule was imposed in 1968. In the new elections held in February 1969, the Akali-Jana Sangh United Front formed the government which lasted till June 13, 1971. Rajasthan- In the 1967 general elections, the Congress got 89 seats in the Rajasthan Legislative Assembly. The number of Congress changed from opposition to 110. Sukhadia was made the Chief Minister. Congress encouraged defectors to join its party. Even after being accused of defectors, Sukhadia completed his term. Madhya Pradesh - After the fourth general election, the Congress got an absolute majority and on March 8, 1967, D. P . Mishra formed the government. On 19 July, Govind Narayan Singh along with 35 of his MLAs defected, due to which the government of Mishra fell due to a minority vote. On 20 July, Govind Narayan Singh formed the United Front government with the opposition, which lasted till March 1969. Later Govind Narayan Singh rejoined the Congress party with his defectors and the Congress government was formed. West Bengal - After the fourth general election, Ajai Mukherjee, the leader of the Bangla Congress in West Bengal, formed a United Front government of fourteen parties, which could not last much. One of its constituents leader P. C . Ghosh withdrew from it along with 17 other members, which led to the fall of the United Front government. Later P. C . Ghosh formed a minority cabinet with the Congress and other defectors which fell more quickly and President's rule was imposed in the state. Karnataka - Due to defection, Karnataka Chief Minister Virendra Patil had to resign from his 34 months old government. Gujrat- In Gujarat, Hitendra Desai resigned his resignation due to minority vote due to defection. According to the available data, in a period of nine months from March 1967 to December 1967, out of the total 3,447 members (excluding the members of Himachal Pradesh and Tripura) of the state legislatures, 314 members (which is about 99% of the total strength) ) changed sides. These included independent members who kept changing parties in the greed of political office or money. According to a survey, by April 1969, 350 members participated in about 1,000 incidents of defection. Among the defectors there were also some members who defected more than once. There is also a fact that the Congress benefited more in the defection that took place from 1957 to 1967. The number of members leaving the Congress in the defection that took place during this period was 98 while the number of those coming to the Congress was 419. The Congress suffered losses in the year 1967-68. During this period the number of members leaving the Congress was 175 and the number of those coming to the Congress was 139. This clearly indicates that till 1967 the defection was one-sided, after that it became two-way. After 1977, the defection took a new form. After 1977, the defection took a new form. Till now all the defections were done by one or a few MLAs but in 1977 and 1980 there were two incidents of defection by the entire government. In 1977, the Congress party was ruling in Sikkim during the Janata Party's rule at the center, but as soon as the Janata Party came to power at the center, the Sikkim government changed its allegiance in favor of "Janata Party" and declared it to be the Janata Party government. 1980. When the Congress (E) government was again formed at the center in the year 2011, the Sikkim government broke its ties with the Janata Party and changed its allegiance to the Congress party. Thus the Janata Party government again changed to the Congress government. Both the times the Chief Minister even after changing allegiance. Lendup Dorji remained the same. Similarly, on January 22, 1980, the Janata Party government of Haryana changed its allegiance. Chief Minister Bhajan Lal joined the Congress party along with his 37 colleagues and the Janata Party government led by Bhajan Lal became the government of the Congress party. In July 1979, Morarji Desai had to resign at the Center due to defection in the Janata Party. After that Charan Singh formed his government with the help of other parties but he could not get confidence in the Parliament. The Karunakaran government of Kerala had to resign in 1982 due to defection. This defection game continues even today. Even after passing the anti-defection law, it is showing its effect despite the shortcomings of the law. In the last week of August 2003, due to the resignation of Uttar Pradesh Chief Minister Mayawati, the BSP government fell and Mulayam Singh formed his government with the help of other parties. 37 BSP MLAs also changed their party from BSP and formed a new party and supported Mulayam Singh. Causes of Defection Following are the reasons for the change of political parties in India 1. Success of the Opposition Parties in the 1967 General Elections, 1967 The majority did not get and the majority of the Congress in the center also decreased. After the 1967 elections, due to the defection in Haryana, the government of Rao Virendra Singh was formed. In Punjab, under the leadership of Sardar Gurnam Singh, Akali Dal and Jan Sangh together formed the government. In Tamil Nadu Dr. M . The government of K was formed in Uttar Pradesh. Charan Singh formed the government with the help of Jan Sangh, Samyukta Samajwadi Dal and Bharatiya Kranti Dal. In West Bengal, the United Legislature Party government was formed under the leadership of Ajay Mukherjee. After 1967, the people realized that even a single Congress state can be broken. 2. No Stable Governments in the States - Defection was encouraged due to the absence of stable governments in the states. In the general elections of 1967, the situation was that no party got a clear majority and the Congress party or the opposition of some MLAs, whichever they got together, could form the government. Due to this defection, governments were formed in Bihar, Punjab, Madhya Pradesh, West Bengal, Karnataka and Gujarat. This game is still going on at present. In Uttar Pradesh, Mayawati's government fell in late August 2003, which was formed with the support of the BJP and the government was reduced to a minority as soon as the BJP's support was withdrawn. In early September 2003, Mulayam Singh's government was formed with the support of several parties, including 37 BSP MLAs. 3. Temptation of Ministry and Money - Due to no party getting a clear majority, it has become a situation that each party keeps competing to form its government. In such a situation, buying MLAs becomes like buying votes. This longing has arisen in the minds of the legislators that by joining the ruling party, they should get the ministership or whatever money they get. This reason is still in effect today. Mulayam Singh's 98-member cabinet in Uttar Pradesh in October 2003 is proof of this. 4. Lack of Leader of Great Personality with the Political Parties - When political parties lack such a leader with great personality, whose influence is widespread in the whole country, even then the party Change is encouraged. In the general elections of 1967, the Congress and the opposition did not have such an influential leader. Congress leader Smt. Indira Gandhi could not become famous due to the defeat of the Congress party in the 1967 elections and Ch. Charan Singh was the Dal-Badlu. He used to make alliances with Congress and sometimes with Jan Sangh, Swatantra Party and Samyukta Samajwadi Party. Rao Virendra Singh in Haryana, Mahamaya Prasad in Bihar and Ajay Mukherjee in West Bengal were not in a strong position. This reason is still in effect at present. Mayawati considers herself a leader of the Scheduled Castes, while Mulayam Singh, Atal Bihari Bajpayee or Sonia Gandhi at the center of the backward caste, has not been able to become the leader of such an influential personality that on his own strength, his party can get a clear majority in the Parliament. In the Thirteenth Lok Sabha in November 2002, the Bajpai government was formed with 22 parties. 5. Personal Ambitions of the Leaders of Political Parties - In the event of no party getting a clear majority, many legislators aspire to become ministers or chief ministers, and to fulfill it, the parties - The game of change continues. Aaya Ram - Gaya Ram continued even after the 1967 elections and continues to this day. After becoming the Chief Minister in September 2003, Mulayam Singh expanded his cabinet to 98 ministers, which is a record in the country. If 2 more ministers were included, then the record of making the first century cabinet in the country would have been created. It is a symbol of the ambition of the leaders. 6. Lack of Ideological Polarization In India, defection is encouraged due to lack of ideological polarisation. For example, after the 1967 elections, the opposition parties formed joint governments, but they differed so much about the implementation of economic, social and political programs that they could not work together for a long time and soon It was his downfall. At present, governments are formed by creating a minimum education program, but still they fall due to lack of ideological polarization. For example, the fall of the joint government of Mayawati (BSP) and Kalyan Singh (BJP) in Uttar Pradesh, which had to be chief ministers alternately for 6 months. Mayawati completed her 6-month term but as soon as Kalyan Singh's opportunity came, Mayawati broke the alliance. 7. Neutrality of the Public towards Defections One of the main reasons for defection was the indifference of the people towards defection. The people sympathized with the defectors and made them successful in the elections. For example, in Uttar Pradesh Ch. Charan Singh's party Bharatiya Kranti Dal (BKD) had great success in the mid-term elections of 1969. Similarly in Bihar, important members of the defectors got success in the mid-term elections. The result was that the leaders of various parties took the view that there was nothing wrong with the defection in the eyes of the people. Some Controversial Cases of Defection With the aim of preventing defection in India, on February 15, 1985, the 52nd Constitutional Amendment was included in Schedule 10 of the Constitution. But as soon as the anti-defection law came into force, its misuse started. Governments of Nagaland, Manipur, Goa, Meghalaya, Mizoram and some other states were toppled through defection. The words used in the 10th Schedule of the Constitution were interpreted differently by different presiding officers and conflicting judgments were given. Many members had to go to court. In some cases, the decisions of the presiding officers led to a conflict between the judiciary and the legislature. Following are some such controversies In July 1990, 14 members of the Congress (I) party in Manipur separated and formed a new party named Manipur Congress. He asked the President for its recognition. Meanwhile, 7 out of 14 members were suspended. President Dr. H. Barobabu said that the remaining 7 members cannot form a new party because the Congress does not have one-third of the total strength of 26 in the House. His membership was terminated by the Speaker under the anti-defection law. The dispute reached the Supreme Court. The Supreme Court quashed the order of Manipur Legislative Assembly Speaker disqualifying seven MLAs under anti-defection law and ordered that their salaries be paid. Manipur Legislative Assembly Secretary Shri Mani Lal Singh paid his salary. Enraged by him, the Speaker fired the secretary from his job. The Supreme Court held this unconstitutional and directed the secretary to be reinstated on the job and pay the salary. The Supreme Court ordered the Speaker to appear before the court. The Speaker said that he was not bound to appear before the Court as the Speaker. The Court clarified that when the Speaker exercises his power under the 10th Schedule, he remains under the jurisdiction of the Court. It is his administrative work which is separate from the functions of the Speaker of the Legislative Assembly. Despite several orders of the court, the court directed him to appear by use of force, when he did not appear. Finally on March 24, 1993, the Speaker appeared in the court and filed an affidavit that he had complied with all the orders of the court and was ready to do so and expressed regret for the said incident. On this the court quashed the contempt proceedings against him. After the formation of the state of Mizoram, the government was formed under the leadership of Laldenga. After this nine members of the ruling party broke away from the party. The government fell. Here the Speaker came to know that one member was abroad, due to which the total number was being reduced by one-third. The Speaker terminated the membership of eight members under the anti-defection law. The dispute reached the Supreme Court. Another incident happened in Nagaland. Chief Minister S. C . Twelve members of Zamir's team came out in one-third of the group. This group along with other groups decided to form a Joint Legislature Party. Mr. K. Ale . Chishti was considered a leader. Meanwhile, two members were suspended by the Congress General Secretary. The remaining number was reduced to less than one third and the Speaker announced the dissolution of their membership under the anti-defection law. The Governor asked the Speaker for reconsideration and on refusal, S. Yes . By sacking Jamir Sarkar. Ale . Chisti was invited to form the government. After the anti-defection law was enacted, incidents of defection occurred at the center also. During the ninth Lok Sabha, P. P . The government fell quickly to Singh and Chandrashekhar. On November 5, 1990, when there was a split in the Janata Dal, out of the 58 members who broke away from the party, 25 members were immediately announced to be expelled from the party. The Speaker also declared him unaffiliated. It was said that the remaining 33 members are less than one-third of the total membership of the Janata Dal, so it cannot be considered a division of the party. Chandrashekhar formed the government of his party and got a majority in the house. All the members of his party were those who had been either expelled from the public and those who had been issued notices under the Anti-Defection Act as to why their membership should not be terminated. Almost all the ministers of the Chandrashekhar government used to come under the wraps of notices issued by Speaker Ravi Rai. But in the end the Speaker, by his decision, gave approval to the partition, giving the ruling party the benefit of doubt. President Ravi Rai, while giving the decision on January 11, 1991, said that no evidence was found that the split in the Janata Dal occurred before the expulsion of 25 members, because there are many claims and counterclaims about it, but both the expulsion and the meeting of the separated constituents. has been challenged. So he decided that the benefit of doubt should be given to the members of this category. He said that all these members would be disqualified if he did not accept the partition before expulsion. Giving benefit of doubt to these 28 members, the petition filed against them was quashed. He also said that Partition is a one-time event, not an action of a few days. There was a split in the party. Therefore, the members who came after November 5, in which 5 were ministers, should be deprived of their membership. In the context of the anti-defection law, the case of Ajit Singh's defection is also noteworthy. The Janata Dal expelled Ajit Singh in December 1991 and three other members - Satyapal Singh Yadav, Ra Singh Panwar and Rashid Masood in February 1992. After this, Rajnath Sonkar Shastri Ram Nihor Rai and two other members were expelled in the name of discipline in the party in July 1902. Ajit Singh and 19 other members demanded allotment of seats to sit separately from Janata Dal. These members claimed that they were a group and their membership was more than a third. Therefore, recognition should be given under the anti-defection law. On August 7, 1992, President Shivraj Patil gave an interim decision to give seat to Ajit Singh and other 19 members to sit separately from the members of the party.The opposition member strongly opposed the interim case of the Speaker. Janata Dal President S. R . Bompai argued that these twenty members could not form a group as eight of them had already been suspended and the other four members were disqualified under the anti-defection law due to the party dip at the time of the no-confidence motion. Can be done. After taking the arguments of both the sides and taking the opinion of various parties, Speaker Patil gave the decision on June 1, 1993, saying that the constitutional status of a member within the House cannot be taken away by his expulsion from the political party. He disqualified 4 members of the Lok Sabha (Ram Sundar Das, Govind Chandra Munda, Ghulam Mohammad Khan, Ram Badan) from the membership of the Lok Sabha. He was found guilty of violating the party diyas on 17 July 1992. He recognized the remaining 16 members of the Janata Dal (A) as a separate faction. With the decision of the Speaker, the Janata Dal was formally partitioned in the Parliament on June 1, 1993, and the number of members of the Janata Dal (A) was reduced to 16. On July 2, 1993, the Delhi High Court stayed the implementation of the decision to disqualify 4 Lok Sabha members of the Janata Dal (A) from the membership of the House under the Anti-Defection Act. 2. On August 1993, 7 MPs who broke away from the Janata Dal (A) joined the Congress unconditionally. These MPs had voted in protest in violation of the party VHP. In the opposite, the Janata Dal (A) MPs were condemned to be included in the Congress and alleged that due to the flaws of the anti-defection law, now collective defection has started instead of individual. Defection played the role of an effective instrument in forming and saving the BJP government in Uttar Pradesh in 1997. In October 1996, no party got a clear majority in the mid-term elections to the Uttar Pradesh Legislative Assembly, as a result of which the Bharatiya Janata Party and the Bahujan Samaj Party reached an agreement and their joint government was formed under the agreement. Both the above parties formed the government on the basis that the first 6. BSP's Chief Minister and 6 months BJP's Chief Minister As soon as they got into office, differences started between BJP and BSP, in which the main issue was of Harijan Act. The differences increased to such an extent that Mayawati announced her separation from the government and withdrawal of support. After that the Governor directed Kalyan Singh to prove the majority. On October 21, 1997, the session of the Legislative Assembly was convened. Keeping in view the danger of partition in Basaya, Mayawati issued VHP for BSP MLAs on 20 October 1997. On October 21, 1997, the BSP was directly split in the Legislative Assembly and one-third of the total members formed a separate party under the leadership of Markandeya. Such a claim was presented by Markandey Chand, during the voting on the motion of confidence in the House, these BSP MLAs voted in favor of the Kalyan Singh government under the leadership of Markandey Chand and formed a new party in the name of the Democratic Bahujan Samaj Party. As a result, BSP Legislature Party leader Mayawati and BSP MLA R. Of . Chaudhary presented 12 separate petitions and requested the Speaker of the Legislative Assembly that Vansh Narayan Singh, Markandey Chand, Yashwant Singh, Chaudhary Narendra Singh, Shivendra Singh, Sardar Singh, Prem Prakash Singh, Sukhpal Pandey, Radheshyam Pandey, Raja Gajanfar Ali Bhagwan Singh Shakya, Dr. Membership of the Legislative Assembly of Ram Asre Singh Kushwaha etc. should be abolished because these people violated the anti-defection law mentioned in the Tenth Schedule of the Indian Constitution. The above MLAs did not follow the party whip and • their number is also less than one-third of the total number of BSP MLAs. The members of the Legislative Assembly accused of defection made it clear that the leader of the BSP Legislature Party, Mayawati, before coming to the House on October 21, 1997, directed the members of the BSP not to allow the proceedings of the Legislative Assembly and the House. Do not allow the Speaker of the Legislative Assembly to introduce the motion of trust vote in the House by beating and creating a ruckus in the meeting. Therefore, the whip issued by Mayawati, the leader of the Legislature Party on October 20, 1997, automatically lapsed because on October 21, 1997, before coming to the House, she contradicts the above instructions and her whip. Writ filed in Supreme Court by BSP. The Hon'ble Court, not giving any decision in the said matter, directed the Speaker of the Legislative Assembly to dispose of the matter expeditiously. The Speaker of the Legislative Assembly, after hearing the arguments of both the sides, on 23 March 1998, Mayawati and R. Of . Disposing of all the petitions filed by Chaudhary, it was decided that the so-called whip of October 20, 1997 is not a legal whip under Section 2 (1) (b) of the Tenth Schedule of the Constitution and these petitions are the members of the Uttar Pradesh Legislative Assembly (Defection). does not fulfill the conditions of sub-rule (4) (5) of Rule-7 of the Rules 1987. Therefore, all the members accused of defection are not guilty of this under Section 2 (1) of the Tenth Schedule of the Constitution of India and their membership of the Legislative Assembly cannot be terminated. The allegations leveled against him are baseless and baseless. All the accused members will be known in the Legislative Assembly as the members of the Jantantrik Bahujan Samaj Party. Results of Defection Some of the consequences of defection in Indian politics can be seen as follows: (i) Due to defection, the political monopoly of the Congress Party, which had been in place since 1952, ended in 1967 and Congress dissidents tried to form governments with parties. (ii) Defection hampered the administrative reforms in the country and halted the progress of the country because the legislators were not worried about the progress of the country but their ministerial position or money. (iii) Defection led to the formation of joint governments, due to which there could not be unity of ideas in them and the governments kept falling and forming again and again. (iv) The bureaucracy increased its influence due to defection as governments were afraid to take quick and clear decisions. (v) Due to defection, the Chief Minister was compelled to include many members in the cabinet because defection of MLAs was possible due to non-availability of ministerial post. This is the reason that in 1997, Kalyan Singh made a 93-member cabinet and Mulayam Singh made a 98-member cabinet in October 2003. (vi) There was a split in the political parties. (vii) Due to defection, opportunism and opportunism increased due to which politics became principleless. Efforts to Control the Defection Due to defection, the governments of many states in the country started falling and forming, which led to political instability. Defection was said to be a huge betrayal of the voters. Considering it as fatal to parliamentary democracy, a demand arose to stop it. To stop this defection, on August 11, 1968, Congress Member of Parliament Bankat Subbaiah moved a non-government bill in the Lok Sabha. It was passed by the Lok Sabha on 8 December 1968. In February 1969, the Lok Sabha appointed a committee, headed by the then Home Minister, Shri Yashwant Rao Balwant Rao Chavan. There were also 28 other members in this committee. This committee gave its report to the House on 18 February 1969, which had the following suggestions. (i) All political parties together should prepare such a code of conduct, which is acceptable to all. If an MLA or Member of Parliament wants to change from one party to another party, then the other party should not give his membership to him until he resigns from the membership of the House and contests the election again on the ticket of that party. (ii) Each party should give tickets only to such candidates who have deep allegiance to that party. 1 (iii) The defectors should be debarred from contesting elections for a fixed period. (iv) The defectors should resign from their party and contest elections according to the program and policies of the other party. (v) The size of the councils of ministers should be limited so that the defectors do not have the greed of ministership. (vi) The Chavan Committee recommended that the tenure of ministers should be fixed at a maximum of 10 years so that new persons would get an opportunity to become ministers. (vii) Party discipline should be strengthened and no party should give refuge to any dissatisfied faction of the other party. (viii) defeat the defection leaders in the elections. (ix) The Prime Minister or the Chief Minister should be taken from the Popular House only. (x) In case of excessive defection, the Chief Minister should have the right to dissolve the Legislative Assembly. (xi) The defecting members should be debarred from being appointed to any office, for example, ministerial, chairman or vice-president, for one year from the date of defection. There was a intense difference of opinion among the members on the suggestions of Chavan Committee. The Congress (Organization) said that the only way to prevent defection is to make it necessary for such a member to resign from the membership of the Legislature and contest the election again. Praja Socialist Party said that voters should be given the right to recall the MLAs. Some parties said that the recommendation of the Chavan Committee that the defection members should not be given the post of minister for one year, would not be practical in any way because such members would be given monetary benefits in cash or in any other way. can be brought along. According to the report of the Chavan Committee, when a bill was prepared and sent to the Ministry of Law, it presented many of the following legal difficulties in it. (i) The proposed Bill is an Article of the Constitution of India. 19 (1) (C) which describes fundamental rights and the right of people to form institutions. (ii) This bill conflicts with Article 102 of the Constitution of India which describes the qualifications of the members of Parliament. (iii) This Bill is a part of the Indian Constitution. 191 in which qualifications have been given for membership of the Legislative Assembly or the Legislative Council. On May 16, 1973, the 32nd Amendment Bill was introduced in the Lok Sabha by Home Minister Umashankar Dixit to prevent defection, which contained the following provisions. (i) Articles of the Constitution. By amendment in 75 it was arranged that the Prime Minister would be elected from the Lower House. (ii) Anu. 102 was amended to provide that if a legislator voluntarily leaves the political party of which he was elected as a candidate or the political party in which he joined after being elected as an independent candidate, Then his membership of Parliament or Legislature will end. (iii) If a member remains absent without the permission of his party in the voting held in the legislature or votes against the party's hip, then it will also be treated as a defection and the membership of that member will be terminated. (iv) If a member of the Legislature breaks ties with the organization of his origin because of a split in his party, he will not be treated as a defection. The above Bill was referred to a Joint Select Committee of 60 members on 13th December, 1973. The committee did not submit its report even after a lapse of more than 3 years and the Lok Sabha was dissolved in 1977. So this bill also came to an end. On 26 September 1969, the Jammu and Kashmir Legislative Assembly passed a 'Defection Prohibition Act' containing the following provisions (a) If any MLA resigns from the party, his membership of the Legislative Assembly will also be terminated. (b) If any MLA from his party votes against the whip or does not take part in the voting, his membership will be terminated. This law was challenged in the High Court of Jammu and Kashmir, the High Court declared this law valid. After the Janata Party came to power in 1977, once again an attempt was made to stop the defection. A bill to this effect was introduced by the Janata Party government in the Lok Sabha on 28 August 1978, which was later withdrawn, as only some members of the Janata Party opposed it. In the first session of the Eighth Lok Sabha on January 17, 1985, the President said in his address that the government would introduce a bill to prevent defection. On January 24, 1985, the Law Minister introduced a bill to this effect in the form of the 52nd amendment of the Constitution. On January 30, 1985, this bill was passed by the Lok Sabha after passing all the phases in a single day and the next day it was also passed by the Rajya Sabha. After getting assent by the President on February 15, 1985, this bill became the 52nd Amendment Act of the Constitution. Schedule 10 was added to the constitution by this act. It has been provided by this amendment that the membership of a member of Parliament or State Legislature will be terminated in the following circumstances: (i) If a member voluntarily resigns from the party on whose ticket he was elected. (ii) If a member votes against the party's party in the House or is absent from the House at the time of voting without the prior permission of his party. Provided that the membership of such member shall not be affected. If within 15 days of being absent in the House or voting against HIP, the party concerned forgives the above conduct of that member. (iii) If an independent member joins any political party after the election. (iv) If a nominated member, after taking the oath of membership, joins any political party, then his membership will come to an end. Exception - Some exceptions to this are the following: (1) Partition - If 1/3 or more members of a legislature party or parliament have separated from that party and formed a new party. (ii) Parties merger - If two or more legislature parties decide to merge with 2/3 majority of their total membership. (iii) for the post of Speaker, when a member of Parliament, Legislative Assembly or Rajya Sabha resigns from his party for the sake of fairness immediately before his election to the post of Speaker/Deputy Speaker/Chairman/Deputy Chairman. After his removal from the above post, he will be The Speaker of the House shall decide whether an MLA is disqualified for membership of the Legislature under the above rule or not. The decision of the Speaker in this matter will be final and the court will not have the right to interfere in it. For the implementation of this Act, the Speaker of the House concerned shall have the power to make rules and bye-laws with the approval of the House. On November 12, 1991, in respect of the petitions of several disqualified MLAs of Nagaland, Gujarat, Meghalaya, Manipur, gave an important decision regarding anti-defection law. Although the Supreme Court upheld the anti-defection law but declared Article 7 of the 10th Schedule to be unconstitutional. In this part, the decision of the Speaker regarding the disqualification of the members was considered final. The Supreme Court was of the view that while considering the disqualification of members under the Anti-Defection Act, the position of the Speaker is only like that of a Tribunal. Therefore, the High Court and the Supreme Court can review the decisions taken by him. The shortcomings in the Anti-Defection Act can be seen as follows: (i) Defection of 1/3 of the members can be stopped by this law but defection of more than 1/3 of the members cannot be prevented. For example, in Haryana in 1980, Bhajan Lal along with 37 of his MLAs decided to switch from the Janata Party to the Congress. (ii) It does not have effective control on the conduct of independent members because independent members play games from outside in forming and toppling the government without taking membership of any party. (iii) This Act also does not apply to those MLAs who support the party's hip in the House. But outside the house are involved in anti-party activities. For example, in 1987 V. P . Members of Singh's Jan Morcha outside the House. P . Criticizing Singh openly. (iv) The system of termination of membership for violation of party island is an assault on the parliamentary privilege of freedom of speech. (v) The behavior of the Speaker of the House is not as impartial as that of the Speaker of the General Assembly of England, he remains a member of his party even after becoming the Speaker. Therefore, he can give political advantage to his party by his decision. (vi) It is not clear in this Act what will happen if the MP or MLA is disfellowshipped by his party. (vii) This Act does not effectively prevent defection. In September 2003, 37 BSP MLAs in Uttar Pradesh changed their party and formed a new party and extended support to Mulayam Singh. Suggestions Some suggestions to prevent defection can be given as follows: (i) Decrease the number of political parties (ii) Contesting the election of defectors was banned for the next 5 years. (iii)Boycott by defectors. (iv) No political party should give place to any defector in its party. (v) By respecting the sentiments of the voters of their constituency, the MLAs and MPs betray them. (vi) A law should be passed to abolish the membership of the MLA / MP who is a defector. (vii) Those parties which lure money or position to break the MLAs/MPs of other parties, they should be given place in the black list. (viii) Strict anti-defection law should be made. (ix) The MPs and MLAs should practice political morality. (x) Defection should be declared a political crime. (xi) The strength of the Council of Ministers shall not exceed 1/10 of the members of the Legislative Assembly/Lok Sabha. The Lok Sabha gave its assent to the 97th Amendment Bill of the Constitution on 16 December and the Rajya Sabha on 18 December 2003 to strengthen the anti-defection laws. This amendment became effective after the President's signature on it. Accordingly, a provision has been made to abolish the membership of the elected representative of the defection. Along with this, there is also a system to ban the Jumbo cabinet. Now the limit has been fixed to make a maximum of 12 members in small states and 15% in big states. In the current law, it is necessary to have at least one-third of the members for defection. It has been provided in the new law that if an elected representative leaves his party and joins any other party, then his membership will be terminated immediately and he will not be able to get any office of profit. He will have to be re-elected on the symbol of the new party. If an elected representative is suspended or expelled by a political party, then in that case this rule will not apply. 2022 - Maharashtra politics Defection The recent uproar in Maharashtra politics has once again ignited the issue of the 10th Schedule of the Constitution i.e. Anti-Defection Act. The habit of people's representatives switching sides is politically and socially quite bad and unacceptable in a democracy where a representative is elected on the basis of the mandate and belief in the political party he is representing and certainly his image. This constant practice of resort government where the members of the assembly are taken as prisoners and kept in a luxurious hotel or resort somewhere inaccessible, where no one, including their family members, can reach them. This is happening continuously in our country for the last few years which is a misuse of the mandate of the common man and voters. It paints an image where it shows that the elected members have no allegiance to the party and the electorate. The Supreme Court in "Kihoto Holohan v. Zachilu et al. 1992" has clearly stated that judicial review may not be available at a stage prior to the presentation of a decision by the Speaker or Speaker. The Constitutional Court cannot judicially review disqualification proceedings under the Tenth Schedule, i.e. the anti-defection law of the Constitution, unless the Speaker or Speaker of the House makes or renders a final decision on merit. The Supreme Court has indicated to refer the Uddhav Thackeray-Eknath Shinde dispute to a larger bench, a three-judge bench of the Supreme Court said on Wednesday that the Uddhav Thackeray-Eknath Shinde dispute can be referred to a larger bench. Is. A bench of Chief Justice of India NV Ramana, Justice Krishna Murari and Justice Hima Kohli with Eknath Shinde and Uddhav Thackeray factions of Shiv Sena party regarding disqualification proceedings, election of speaker, recognition of party whip and floor test for Shinde government in Maharashtra Legislative Assembly was hearing six petitions filed by the concerned petitioners. CJI NV Ramana orally remarked during the hearing that matters where important constitutional issues arise may require a decision by a larger bench. "Some of the issues are important constitutional issues which should be resolved," the CJI said. The CJI said, "Some issues, the consequences of removing Para 3 (of the Tenth Schedule) and the absence of a divided concept, whether the leader of a minority party has the right to disqualify the leader of the party, these are some of the issues. We can decide how to proceed." However, the CJI clarified that he was not constituting the bench immediately and the parties should come up with preliminary issues first. The CJI clarified, "I have not passed the order to refer the larger bench, I am contemplating it." The matter has now been listed for discussion on preliminary issues on August 1. The status quo order passed by the court on July 11, adjourning the disqualification proceedings, continues. The order said, "After hearing the advocates, it has been agreed that some issues may also be referred to a larger Bench, if necessary. Keeping this in view, to enable the parties to formulate the issues, So, let them file it by next Wednesday." What happened in court today? Earlier today, CJI Ramana said he had some doubts about the consequences of removing Para 3 from the Tenth Schedule, which allowed for an internal-party split. Paragraph 3 of the Tenth Schedule was removed by the 91st Constitutional Amendment Act in 2003. The CJI clarified that he was not expressing any views and only wanted to clear his doubts. He said that after the removal of Para 3, the concept of division is not recognized. He asked that when there is no division, what will be the consequences! Appearing in the petitions filed by the Uddhav Thakrey faction, Senior Advocate Kapil Sibal and Advocate Dr AM Singhvi argued that since the opposition group has violated the Chief Whip, they are ineligible as per the Tenth Schedule. He also said that the protection under Para 4 of the Schedule is not available to him as he has not merged with any other political party. Senior advocate Harish Salve, appearing for the current Chief Minister Eknath Shinde, argued that the Tenth Schedule does not stifle internal-party democracy. Raising voice within the party without crossing the Lakshman Rekha does not amount to defection. Salve submitted that there is no need to look into para 3 and the issue is confined to para 2 only, which according to him is not applicable in the present facts and circumstances attracting any disqualification. Further, “You must voluntarily give up party membership or violate the party whip by voting against it under paragraph 2. “Voluntarily giving up party membership” has been interpreted. If a member goes to the governor and says that the opposition has to form the government, it is organized to voluntarily give up the membership. If after the Chief Minister resigns, and another government takes oath, it is not defection. Can we imagine that a man who cannot get the support of 20 MLAs should be reinstated as Chief Minister? I have the right to raise my voice against the leader as an intrinsic part of democracy. Raising voice is not a disqualification. Para 3 is a non-issue." Pending petitions before the Supreme Court: 1. The petition filed by rebel Shiv Sena leader Eknath Shinde challenging the disqualification notice issued by the Deputy Speaker and by Bharat Gogavale and 14 other Shiv Sena MLAs seeks to restrain the Deputy Speaker from taking any action in the disqualification petition, The Deputy Speaker will decide. 2. The petition filed by Shiv Sena Chief Whip Sunil Prabhu has challenged the Maharashtra Governor's direction to the Chief Minister to prove the majority of the Maha Vikas Aghadi government. 3. The petition, filed by Sunil Prabhu, a whip appointed by the Uddhav Thackeray-led camp, challenges the action of the newly elected Maharashtra Assembly Speaker recognizing a whip named by the Eknath Shinde group as the Chief Whip of the Shiv Sena. 4. Petition filed by Shiv Sena General Secretary Subhash Desai criticizing the decision of Governor of Maharashtra to invite Eknath Shinde as Chief Minister of Maharashtra and further proceedings of the State Legislative Assembly held on 03.07.2022 and 04.07.2022 Challenged as illegal. After the political drama in Maharashtra and rebelling against the MVA government, Eknath Shinde has been made the Chief Minister. The announcement of Shinde's name surprised everyone amidst the discussion of Devendra Fadnavis's name. However, if we look at the bigger picture, the Bharatiya Janata Party has killed not two but three victims with one arrow.
- Taxation Laws :- Casual Income
Casual Income www.lawtool.net 1 ) Any receipt which is of a casual and non-recurring nature is casual income. In other words, casual income is that income the receipt of which is accidental and without any stipulation. It is in nature of an unexpected wind-fall . Winnings from lottery, crossword puzzles, card games, and other games of any sort or from gambling or betting of any form or nature whatsoever are casual incomes . Receipts even from habitual betting are non-recurring receipts and assessable as casual income. The casual income does not include : ( a ) capital gains, chargeable under the provisions of section 45; or ( b ) receipts arising from business or the exercise of a profession or occupation; or ( c ) receipts, by way of addition to remuneration of an employee, such as bonus , gratuity , perquisites, etc. 2 ) Voluntary payment received in exercise of an occupation are not treated as casual income , e.g. , tips given in the ordinary way to taxi drivers in the employ of taxi - owners are income arising from the exercise of an occupation . Similarly , gratuities to waiters in a hotel are taxable . A receipt may be taxable as income arising from the legal exercise of the profession even if the amount is received as a gift from third parties to whom the legal services were not rendered and who were under no obligation to pay anything at all .If an architect submitted a plan in a competition for construction of a building , the prize won is income from profession . 3 ) A gift from a relative is not income at all . Birthday and wedding gifts are simplest instances in point . A gift from a relative does not become income merely because it is repeated year after year . A regular allowance given year after year purely as a voluntary gift by a parent to a child or by a husband to his wife , or by one relation to another , is merely a fresh gift every time it is paid and does not amount to income . 4 ) Payment by husband to his wife under an agreement to live apart as maintenance allowance is neither casual income nor a personal gift . Hence , it is taxable . 5 ) Prize awarded for coin collection or stamp collection may be a casual income . This income is due to hobby .. Other provisions relating to Casual Income 1) Expenses are not deductible . If penses are incurred to receive casual income , such expenses are not deductible from any income . For example , an individual purchases lottery tickets , the cost of lottery tickets is not deductible from any income whatsoever . Similarly , if postal charges have been paid for sending crossword puzzles , such charges ( expenses ) are not deductible from any income . 2) Set - off of losses not permitted . If instead of casual income there is casual loss , such loss cannot be set - off from any income . For example , if a person wins in a card game on the first day and loses the next day , he cannot set - off the loss against any income . 3 ) Tax deduction at source , ( a ) If the winnings from horse race exceed Rs . 2,500 , tax will be deducted at source at the prescribed rate . ( b ) If the winnings from any lottery , crossword puzzle , card game and other game of any sort exceed Rs . 5,000 , tax will be deducted at source at the prescribed rate .
- Political ideas of Mahatma Gandhi
Indian Political Thought : M.K. Gandhi Mohandas K. Gandhi was an influential figure in the history of India and modern Indian political theory who gained international fame for his effective ideologies . Gandhi acknowledged traditional concepts and symbols but without reluctance introduced interpretations and ideas from foreign to Indian culture that shows the importance of Western humanism in his approach . He compared Western technology on the grounds that the mechanized civilization brought with it the mistreatment of men and the centralization of power. In this regard, he surpassed Tolstoy, whose writings, along with Thoreau and others, he studied while in South Africa. He tried different methods of political action and different types of political programmes. Gokhale's influence on his thought is enthusiastically manifested, Elements of Indian nationalist political thought as informed by Tilak. These influences are considered in an attempt to redirect Gandhi's religious individualism and his emphasis on indigenous languages and indigenous doctrine. Swadeshi places those duties closest to us in the first place and time: it is "the spirit in us that restricts us to the use and service of our surroundings to the exclusion of the more remote." Humanity is served through service to our neighbor; Our understanding of the world is only the understanding of the people we live with. This disagreement has major economic implications: Home-produced things should be preferred. Its extension, the use of exclusion, is another legacy of Tilak. According to Gandhi, reconstruction begins at the local level, and the village is the basis of social planning. Village activity and effort and initiative of an individual are emphasized in his writings and speeches. He consistently favored small-scale organization and the use of simple tools and materials at hand. His campaign to use only hand-spun and hand-woven fabric (khadar) was of great importance to the larger event, and it was the spinning wheel that Gandhi chose as a symbol of social autonomy. His views on land reform were deep, but he did not call for the abolition of private property. He hoped that the trading class could be persuaded to accept the ideal of economic equality: the idea of property placed in trust for the poor would make confiscation by legislative act unnecessary. Gandhi debated that the accumulation of riches beyond a man's legitimate requirements is similar to theft . This additional wealth must be used for the well - being of the community . Gandhi also asserted on the importance of physical labour for everyone . Constructive work , which he considered an essential part of civil disobedience and other political action , included also the removal untouchability ( which ranked with the spread of khadar as a goal of critical significance to the movement ) , communal unity and basic education through the knowledge of a craft . In learning a necessary craft the young person not only acquires a skill but also strengthens his bonds with the community and thus comes to an understanding of purposes . While dealing with the political philosophy of Gandhi , it is well established that Gandhi was basically religious as well as the ethical personality . He upheld highest moral standards in politics . As the most crucial strategist in politics , he developed the political methods and campaigned the movements to capture the state's power through the prolonged mass movement . Gandhi avowed on politics that , " For me there is no politics without religion not the religion of the superstitious and the blind , religion that hates and fights , but the universal religion of toleration . Politics without morality is a thing to avoid . " He believed that the politics is the one of media to open the door of service to public and not for exploiting the power for one's selfish purpose . Additionally , he said , " For me politics bereft of religion are absolute dirt , ever to be shunned. Politics concern nations and that which concerns the welfare of nations must be one of the concerns of a man who is religiously inclined , in other words a seeker after God and truth . Therefore , in politics also we have to establish the Kingdom of Heaven . " Gandhi defined the nature of power as "the possession of power makes man blind and deaf, they cannot see the things that are under their noses and the things that strike their ears." can't hear. Gandhi defined the nature of power as "the possession of power makes man blind and deaf, they cannot see the things that are under their noses and the things that strike their ears." can't hear. According to Gandhi, "Power is of two kinds. One is obtained by the fear of punishment and the other by the arts of love. A power based on love is a thousand times more effective and lasting than the power produced by the fear of punishment." Gandhiji believed that the right to equal power in the hands of the people is essential for creating a true democracy. He said that “when the people come into the possession of political power, the interference in the freedom of the people is minimized. In other words, a nation which is able to conduct its affairs smoothly and effectively without such state interference. He is really democratic. Gandhi combined the feature of the Philosopher and politician . Netaji Subhas Chandra Bose , one of the crucial follower and detractor of Gandhi , once he said that Gandhi had to play the roles of a world teacher as well as the Supreme leader of the Indian National Liberation Movement . He additionally believed , often his former role is the role of a world teacher became so prominent that he had to compromise with his other role . The points of Netaji's may or may not be amenable but it appears that in the context of national liberation movement it is true . Gandhi himself admitted to his South African friend that he was religious and not political. There is no place for power politics in their political system. Rather, it is the basis of the politics of cooperation. Politics is the attainment of happiness and upliftment of all. There are two techniques to stabilize people's power Constant propaganda , publicity Decentralization of power . The aim is to change the heart of the people. Sarvodaya opposes the ideas of egoism and wealth. There is no scope for class struggle in Sarvodaya. Social good, rationality, and communal harmony are basic philosophies of Sarvodaya. Therefore, Sarvodaya accepts the universalization of self-government. Thus, the political philosophy of Sarvodaya is a powerful intellectual attempt to build a plan of political and social reconstruction on the basis of metaphysical perfectionism. Gandhi himself acknowledged to his South African friend that his bent of mind was religious and not political . Romain Rolland in his biography of Gandhi written in 1924 , had remarked that if Tilak would not have died Gandhi might have chosen a religious life rather than a political . According to Gandhi , politics itself was his religion . He was opposed to politicizing religion . He was for spiritualizing religion but he was essentially a sophisticated man and never sought this own salvation secluded from the world . Gandhi stated politics had surrounded him like the coil of a snake . He could have thought of avoiding politics , if without politics food and work could be provided to the hungry jobless people of India . He strongly sensed that without involving himself in politics , it is not possible to remove socio - economic mistreatment and political suppression and thereby moral humiliation of the people of Indian unless he involved himself in politics. According to Gandhi , this is not just a philosophical dream far from realities of political life . Many great philosophers such as Plato could not reconcile the dichotomy between reality and ideal . Gandhi had a dream of changing the socially , morally degenerate and alienated persons in a manner where individuals can enjoy their freedom in the spirit of unselfishness . Gandhi contrasted the Western Civilization because , it had been self-indulgent nature in practice, in the sense of self-centered pleasure, pragmatic in the sense of immediate material benefit and individualistic in the sense of egocentric in the respect of sovereign individual oriented. Thereby , the community life is fast waning and civil society could not prepare any method or system to control it. In his political theory Gandhi concentrated on the means of achieving political ends to a degree uncommon in the history of Western thought . If there is a single theme in his philosophy , it is that the character of the means determines that of the results . As one student of Gandhi has mentioned , " It is only when means themselves are understood to be and designed to be more than instrumental , to be , in fine , creative , that the next step will be taken in the evolvement of a constructive philosophy of conflict " ( Bondurant 1958 , p . 232 ) . Contribution to Indian Nationalism : Gandhiji had contributed to Indian national movement extraordinary . He made the Indian National Congress a people's congress and the national movement a mass movement . He made people fearless and bold and taught them the non - violent methods for rebellious against the troubles of caste system and unfairness . when he launched his satyagraha movements in distant areas of Champaran ( Bihar ) , Kheda and Ahmadabad ( Gujarat ) instead of towns and cities that had so far remained the hub of the nationalist activities . His political policies brought about drastic change in the Congress that now extended its sphere of influence even in the villages . These three movements projected Gandhi as an emergent leader with different kinds of mobilising strategies . While explaining the growth of Gandhi , Jawaharlal Nehru thus contended , Gandhiji knew India for better than we did , and a man who could command such tremendous devotion and loyalty must have something in him that corresponded to the needs and aspirations of the masses . Besides these local movements , Gandhi led three major pan Indian movements . The 1919-21 Non - cooperation Movement was the first one that gained considerably with the merger of the Khilafat agitation of the Muslims against the dismantling of the Khalif in Turkey. The Civil Disobedience movement in which Gandhi reigned supreme. The 1942 India movement, Pan - Indian campaigns that Gandhi spearheaded. Satyagraha : called . open rebellion , was the last of the three Satyagraha envisions the probability of conversion , the possibility that a sense of justice may be roused in the antagonist . Satyagraha moves from rational persuasion to the stage of suffering to the stage of nonviolent coercion . This last form , which includes non - cooperation and civil disobedience , is the final resort when the other forms have not succeeded . Civil disobedience , the most radical phase , was understood by Gandhi as a higher obedience , obedience to a transcendent moral law . It can be a perilous tool and readily misrepresented Gandhi always counselled great caution , as in the instance of the fast , which too drastically limits the alternatives available to the opponent and therefore should be accepted only by those disciplined in the methods of satyagraha . Satya entails Truth ; Aagraha means insistence . The accurate meaning of this word is insistence on truth . Initially Gandhi denoted to this method of fighting injustice as passive resistance . As he polished the technique over the years he realized that true Satyagrah is to be totally fearless and non - violently militant , and therefore he changed the definition to Truth Force . In the West , Satyagraha is called militant nonviolence . The objective of Satyagraha is to resolve the conflict with a challenger without inflicting physical or emotional injury to him , and with preparedness to suffer physical or emotional injury to oneself . During the course of the conflict , the adversary's essence is not disrupted , and the two sides develop respect and goodwill towards each other after the conflict is resolved . resentment , bitterness and vengefulness during or after the conflict is resolved . Since Truth is relative , the Satyagrahi must be willing to compromise his initial demands to some extent . Mahatma Gandhi established fundamental ideologies of Satyagraha in the course of his lifelong experiments with Truth and Nonviolence . Anyone wishing to practice Satyagraha must first systematically study various books on and by Gandhi ; take steps to rid oneself of common human weaknesses such as greed , hatred , hubris , selfishness , dishonesty , jealousy , fear , passivity , hypocrisy , and the like ; cultivate truthfulness , love of humanity , faith in the essential goodness of people , simplicity of lifestyle , detachment from sense objects , selfless service of humanity , generosity , infinite patience , willingness to admit one's mistakes , forgiveness , introspection , belief in equality of all human beings , respect for life , determination to fight injustice everywhere and at all times , reluctance to inflict emotional and physical injury on adversaries , and willingness to cheerfully suffer physical and emotional injury . In other words , a Satyagrahi must continually struggle to become an unusually good person . Satyagraha has stimulated the huge number of people as few ideas have been able to do . In the movement led by Abdul Ghaffar Khan , satyagraha developed Muslim connotations , but its objective remained political independence and social reform . Gandhi was unwilling to speculate on the nature of a government based on nonviolence , but it is clear that the sense of community provoked in the people by satyagraha would be the basis of the new polity . Gandhi claimed that satyagraha is a socio - economic and political armament which is based on truth and non - violence . This soul - force takes various forms depending upon the situations . Satyagraha is a means of resistance and conflict . It has different forms . They are : Civil Disobedience Non - Cooperation No Destruction Hunger strike ( fasting ) - Hartal ( striking work ) Hijrat ( immigration ) . The principles , conditions and qualifications of Satyagraha are pertinent to all these forms . Satyagraha when applied as a method for social transformation is a civilized method . Satyagraha continues from a spirit of love and not hatred , Gandhi ji thought of the idea of Satyagraha in South Africa as a practical way of defending the diminishing rights of his countrymen settled there . He utilised his ' Indian opinion ' in South Africa and the ' Harijan ' and ' Young India ' in India to give publicity to his strategy against the Government , whether in South Africa fighting for vindication of the rights of the coloured people , or in India fighting for the freedom of the motherland , he applied this technique of Satyagraha or soul force or the technique of love and nonviolence ( Bijoyini Mohanty , 1991 ) . Non violence : Ahinsa is not the uppermost good . It is the essential condition of truth . Truth is supreme among values . Gandhi believed that satyagraha does not permit the use of violence because the absolute truth cannot be known by man , and for this reason he is not competent to punish others . Gandhi stated that non - violence is not just a personal virtue . It is also a social virtue to be cultivated like other virtues . In his opinion , non - violence was the basic precept in his political activities .He used non violence to attain his political objectives . Gandhi has the belief that , the stateless society is the means to the non - violent state ,Gandhiji thought that self - suffering is a vital part of the struggle for the accomplishment of truth through non - violence . Conscious suffering means fighting of one's whole soul against the will of the oppressor . Ahinsa or non - violence means infinite love . Gandhiji wrote that " Non violence is the first article of my faith . It is also the last article of my creed . " It is the domineering duty of satyagrahi to make boundless activities for the realization of truth through non - violence . Gandhiji used this method of non - violent resistance not only in fighting the British occupation in India but also in dealing with India's internal problems . Gandhi defined Ahinsa in two conflicting ways : On the one hand , in its narrow sense , it simply meant avoidance of acts harming others , while in its positive sense , it signified promoting their wellbeing , based on infinite love . Jawaharlal Nehru characterized Gandhian belief of Ahinsa as " a positive and dynamic method of action and it was not meant for those who meekly accept the status - quo " . Ahinsa , in its positive implication , was based on highest moral values , in the selfless self . This was a theory of politics that progressively became the dominant philosophy of a national political movement in which Gandhi governed supreme . Gandhi perceives : " Strictly speaking no activity and no industry is possible without a certain amount of violence , no matter how little . Even the very process of living is not possible without certain level of violence . What we have to do is to minimize it to the greatest extent possible " ( Gandhi , M. K , 1960 ) However , he had an opinion that people can decrease violence to the highest extent because obliteration is redundant and avoidable . He recommended that people should commit to least violence that is unavoidable for the survival of human life . Gandhi elucidated non - violence as abstaining from " causing pain to , or killing any life out of anger , or for a selfish purpose , or with the intention of injuring it . According to Gandhi there are five simple maxims in his concept of non - violence . They are :- " Non - violence suggests as complete self - purification as is humanly possible . Man for man the strength of non - violence is in exact proportion to the ability , not the will , of the non - violent person to inflict violence . Non - violence is without exception superior to violence , i.e. , the power at the disposal of a non - violent person is always greater than he could have if he was violent . There is no such thing as defeat in non - violence . The end of violence is surest not a defeat The ultimate end of non - violence is surest victory if such a term may be used of nonviolence . In reality where there is no sense of defeat , there is no sense of victory . " ( Gandhi , M. K , 1935 ) . Through in these sayings , Gandhi described the nature of non - violence and violence and its necessity to uphold one's life individually and socially . His practice of non - violence necessitates huge moral courage . It has no place for fearfulness or weakness . It is the highest asset of the courageous . According to Gandhiji , true non - violence assumes the tenure of pure bravery . Gandhi proclaims : " I do believe that , where there is only a choice between cowardice and violence , I would advise violence " ( Gandhi , M. K , 1920 ) . He vindicated the use of violence by those who do not know how to defend themselves or honour their families in a non - violent way . He regarded that physical violence escorted by mental good - will , is better than physical non - violence go with by mental violence . Therefore , the theory of non - violence to Gandhi contains some elements of violence than susceptible submission to wickedness . Presently , Vinoba Bhave advised that the coercive power of the state be replaced by direct , voluntary action on the part of the people . The Sarvodaya movement , under the leadership of Bhave , held that the good of one man is inseparable from the good of others ; in his efforts to translate this idea into an economic reform program , Bhave appealed the Gandhian theory of the trusteeship of wealth . Millions of acres of land have been turned over to landless farmers , but the revolution has come " from above " and not as the consequence of direct efforts of the people to solve their own glitches . Criticism of Western civilization : Gandhiji had highly objected for both western civilisation and western democracies . He challenged the practicalities of modern western civilisation . The stylish , aggressive and dissolute aspects of modern western civilisation resisted him . According to him , the modern civilisation was equal to darkness and disease . He condemned severely western democratic politics because they were plague - ridden with threefold contradiction . Gandhiji honestly spoke that it was not through democratic methods that Great Britain had conquered India . He also condemned the policy of racialism followed in South Africa and the southern parts of the USA . Gandhi concentrated that non - violence could lead to exact democracy . Democracy and violence could not be reconciled . As an idea and strategy , swaraj gained unusually in the context of the nationalist articulation of the freedom struggle and the growing democratisation of the political processes that already brought in hitherto socio- economic and cultural differences . Underlying its role in a highly divided society like India , swaraj was explicated in the following ways : National independence ; Political freedom of the individual Economic freedom of the individual Spiritual freedom of the individual or self - rule . Although these four explanations are about for different features of Swaraj , they are nevertheless complementary to each other . Of these , the first three are negative in character while the fourth one is positive one in its implication . While expounding on Swaraj , Gandhiji associated it with swadeshi in which his theory of Swaraj was expressed . If Swaraj was an initial theory of Gandhi's social and political thought , swadeshi was the empirical demonstration of those pertinent social , economic and political steps for a society different from what exists . Gandhi stated that swaraj was not just political liberation ; it means human liberation as well . He stated that " mere withdrawal of the English is not independence . It means the consciousness in the average villages that he is the maker of his own destiny , that he is his own legislator through his own representatives " . He believed that the real swaraj will not emerge by the gaining authority but by the acquisition of the capacity by all to resist authority when. Swaraj is the power of the people to determine their lot by their own efforts and shape their destiny the way they like . political freedom meant independence within the overall control of the British administration . Even the most militant of the moderates like Surendranth Banerji always supported constitutional means to secure political rights for Indians within the constitutional framework of British India . Unlike the moderates , the extremists did not care much about the methods and insisted on complete independence , which meant complete removal of the British government from India . The third other dimension of swaraj is economic freedom of the individual . Economic swaraj stands for social justice it encourages the good of all equally including the weakest , and is vital for decent life . In the opinion of Gandhiji , " India's economic future lay in charkha ( Spinning Wheel ), and Kadhi ( Homespun cotton textile ) . If India's villages are to live and flourish , the charkha must become universal " . Gandhiji argued that for rural civilisation , it is impossible without the charkha and all it implies , i.e. , revival of village crafts " . Another attribute of swaraj is self - rule . It is perhaps a unique dimension of Swaraj which indicate its qualitative difference with political freedom . As a concept , it signifies a process of eliminating the internal obstacles to freedom . Self - rule as an important element , clearly indicates the importance of moral values which are relative to society . Gandhian idea of Swaraj as self - rule appears to be based on the philosophical idea of Advaita So Gandhian struggle for swaraj was entrenched in Indian metaphysics and spirituality . He opposed large scale industrialism and mechanization , and condemned western commercialism , imperialism and secularism . Ideal state : Notion of ideal state or society explained by Gandhji was a non - violent and stateless society . He disclaimed ' state on ethical , historical and economic grounds . A man is moral when he acts freely and voluntarily . According to Gandhi , the state characterises violence in a concentrated and organized form . The individual has a soul but as the state is a soulless machine ; it can never be dissuaded from violence to which it owes its very existence . Although he considered the state as imbedded in violence , he differed from anarchists . Unlike anarchists , Gandhi gave more emphasis on moral force and on the realisation of one's own self and his method of establishing a stateless society free from violence . Therefore , in political ideology of Gandhi , there was no place for violence in ideal society . Further , Gandhi also did not want to eliminate the state completely as did the anarchists . Stateless democracy : Gandhi's model is a stateless democracy , in which there is a federation of satyagrahi village communities , functioning on the basis of voluntary cooperation and dignified and peaceful co - existence . Non - existence of state as appreciated by Mahatma Gandhi is impossible instantly or in near future . Even then , it is obligatory on the people , who are living in state organizations , to develop non - violence that is permanently present in their nature and to enhance it progressively up to satisfactory level . the democratic system should work in direction of the development of non - violence at individual , community , social and national levels . The atmosphere of fear , the decrease of values in life and the problems having harvested intensely cannot be eliminated without developing it . He acknowledged that his ideal state or society would have representative institutions and government . His ideal society would be a stateless society comprising of self - sufficing , self regulating and self - governing village communities joined together in a voluntary federation , the maintenance of federation involved the necessity of government . Thus his ideal state is principally a non - violent state , and not a non - violent and stateless society as it is generally thought . Gandhian idea of ideal state was a non violent democratic state where social life would remain self - regulated . In a democratic state everyone is his own ruler . In the opinion of Gandhiji , democracy lies not in the number of persons who vote , but in the sense to what extent masses imbibe the spirit of non - violence , and society service . In an ideal democratic state , the powers are to be decentralised and equality is to succeed in every sphere of life . Every individual is to be given complete freedom to devote himself to social service according to his capacity . He believed that democratic government was a distant dream so long as According to Gandhi , State is necessary due to the anti - social propensities of certain individuals and groups . But the functions of the state are to be reduced to the minimum . Similar to Betrand Russel , G.K. Chesterton , G.D.H.Cole and other guild socialists , Gandhiji acknowledged that most of the functions of the state were to be transferred to the voluntary associations in order to have a real self - government in the country . There are certain things which cannot be done without political power , but there are also numerous other things which do not at all depend upon political power , and hence they should be left to the voluntary associations . When people come into ownership of political and economic power , the interference with the freedom of the people is reduced to a minimum . He commented that , " A nation that runs it affairs smoothly and effectively without much state interference is truly democratic . When such condition is absent the form of government is democratic in name. Views on state : Gandhi stated that the state characterizes violence in a concentrated and organised form . Gandhi's critique of the modern state originated from its coercive aspect and its anti - human thrust . At an elementary level , the mode of operation of the modern state constituted an infringement with his concept of non - violence . In the beginning of 1931 , Gandhi wrote in Young India , " To me political power is not an end but one of the means of enabling people to better their condition in every department of life . Political power means capacity to regulate national life through national representatives . " There is then a state of progressive Anarchy . In such a state , everyone is his own ruler . He rules himself in such a manner that he is never an interference to his neighbour . the ideal state , there is no political power because there is no state . But the ideal is never fully realised in life . Gandhiji believes that the state would not accept individual differences and diversity of opinions and attitudes . It would become " Hostile to strong and independent , minded citizens groups and community lest they should become centres of independent initiative and dissent . In a write - up published in Modern Review in the year 1935 , Gandhi has raised this issue persuasively ; " I look upon an increase in the power of the state with the greatest fear , because although while apparently doing good by minimising exploitation , it does the greatest harm to mankind by destroying individuality , which lies at the root of all progress " . It can be appraised the modern state was not well - matched with the vital moral values associated with humanity . Voter's qualification : In the Gandhian democracy , voters will play an important role . Their members are being directly elected . Voters are to have the qualification of manual work . In numerous reports , it is indicated that Gandhiji appealed for decentralisation of political and economic power through the organization of village panchayats . He held the opinion that by serving the villages , Swaraj ( self - rule ) could be established . He firmly stated that we have to make a choice between India of the villages and India of the cities which are a formation of foreign supremacy . He was positive when he stated that , the dream of Panchayat Raj come into true , the humble and the lowest Indian could be correspondingly the ruler of India with the highest in the country . The polity of the Panchayat Raj is different from the polity of the mass scale . This the reason that Gandhiji could not admit the parliamentary democracy which he called " the tyranny of the majority " . Gandhiji was very particular of the inclusion of the topic of the village panchayat in the Constitution as they reflect the people's voice . Gandhi wrote , " I must confess that I have not been able to follow the proceedings of the Constituent Assembly , there is no mention or direction about village panchayats and decentralisation in the foreshadowed constitution . It is certainly an omission calling for immediate attention if ourIndependence is to reflect the people's voice . The greater the power of the panchayats , the better for the people . " The village panchayat , the basic unit of administration offers possibility for direct popular participation . It gives relief to the weaker sections of the community . The village panchayat functions along democratic lines . Gandhiji imagined a three tier system of rural and local self - government namely - the village , the block , the district level panchayats so as to ensure the participation of the adult female and male members of the village . Gandhiji asserted that the democratic structure of the local institutions should be decentralized to the grass root level so that the lowest group is empowered by partaking in the decision making process . Gandhi's dream of establishing an ideal non - violent Sarvodaya socio - political and economic order promises the participation of the masses in the dialogue of their own affairs through the three levels of Panchayat Raj system . The economic basically a democratic society which has its own political and economic order envisioned by Gandhiji stood for a moralized and humanized decentralized economic structure with the village as its centre . Although , he has not written any extravagant treatise on economics In this economic structure , he favoured production by the masses rather than mass production . The idea of decentralisation has political implications as well . Politics as considered by Gandhiji is thoroughly connected with ethics and religion . Gandhiji's very entry in to politics is to spiritualise it . Gandhi's mission in the political area consisted in avoiding violence and to eradicate violence through decentralisation of power from the state . But he had doubts regarding the realization of a fully non - violent state and government for obvious reasons . Gandhiji thought about the prospect of a predominantly non - violent state which is essentially non - violent .Gandhiji upheld that such an end can be achieved only under decentralization . Centralization as a system is inconsistent with the non - violent structure of society . Gandhiji considered government , whatever its external form may be as merely an externalization of the moral level of the individual . The attainment of political decentralisation depends on economic decentralisation . Decentralisation in the economic sphere infers the central principle of self - sufficiency . It is not absolute self - sufficiency but confined to the basic needs of the people such as food , clothing and shelter . He wanted that people should be independent as regards the satisfaction of the elementary needs . He visualised of a society free from mistreatment of the weaker sections of the society and also his support of charka and village industries demonstrate his living faith in decentralization of economic power . Khadi represents the unity of Indian community which provides economic freedom and equality . Main topic of his philosophy of decentralization is oriented towards full employment of human resources of a society and also to provide ample opportunity for manual labour . The promotion of Khadi movement and village industries meant decentralization of both production and distribution of the necessities of life for economic decentralization is principally designed to support the interest of the lowliest of the low and the helpless . To summarize , the political ideas of Gandhiji has remarkable consistency and continuity . He considered man as exemplifying the spiritual principle in him which is divine . Gandhi was an activist . He worked for the enhancement of society . According to Gandhiji , the happiness of every individual is the end . He found different types of satyagraha and non violence as the best way to attain the ends . He articulated the noteworthy theories in politics in order to attain his ultimate end of welfare of all . He thought that the state in concentrated form of power structure is more coercive than individual . So he recommended the political power decentralization in the democratic form of governance . Because decentralized democracy gives the possibility to the public contribution and representation . He was not convinced and opposed the notions that religion should be separated from politics . Politics empty of religion is meaningless . He thought that politics offers great opportunities to serve others and such service is an essential attribute of religion . He applied this belief to the pursuit of truth as well , which he considered as God himself . He believed that violence would spell the fate of mankind . He believed that a non - violent solution of problems of people was not only possible but was the only way to have a real solution . He considered the villages as the centre of Indian economic organisation . His notion of Panchayat raj remained a distant dream , but his arguments for people's participation in governance motivated and also consolidated movements for extending of egalitarianism in India .
- CONCEPT OF JUSTICE AND LAW IN ANCIENT IN INDIA
CONCEPT OF JUSTICE AND LAW IN ANCIENT IN INDIA The administration of justice was not a part of the duties of the state in the early times. We do not find mention of any judicial organization in the Vedic literature. The aggrieved party used to sit in front of the accused's house for redressal of his wrongdoing and would not allow him to walk till his (the aggrieved party)'s claims were satisfied or false. Later justice was administered by clan and clan assemblies and the judicial process was much simpler. But with the expansion of the functions of the state and the growth of royal powers, the king gradually came to be regarded as the core of justice and a more or less elaborate system of judicial administration came into existence. Dharma Shastra, Ethics and Arthashastra give us information about well-developed judiciary. According to this literature, the king is the source of all justice and he had to spend about two hours in adjudication every day. The supreme duty of the king is to protect his subjects which includes punishing the criminal. The law to be administered is theology subject to local and other uses not inconsistent with the scriptures. TYPES OF COURTS According to Brihaspati, there are four types of courts likes Movable courts Stationary courts Courts deriving authority from the king and Courts were presided by the king himself. Brihaspati also mentioned three types of nomadic courts as following: First: For the promote to forest dwellers. Second: For the profit of caravan serai merchants. Third: For the advantage of military men. According to Bhrighu rishi: There were some of the prominent courts for justice are as follows: The Kings Court: At the head of the judicial system stood the king's court at the capital and presided by the king himself. But more often a learned Brahmana was appointed for the purpose and he was known as Adhyaksha or Sabhapathi. Earlier the Adhyaksha was selected for each particular occasion and in course of time became a permanent officer of the state and held the position of the Chief Justice (Pradvivaka). Apart from the king, this court consisted of the Pradvivaka and three or four jurors. Court presided by the Chief Justice: The court presided by the chief justice appointed by the king called Pradvivaka was the second type of court. Principal Courts: Another court of importance were the principal courts in a large town where royal officers assisted by learned person administered justice. They were presided by Adhyakshas appointed by the central government. Popular Courts: One special feature of the ancient Indian judicial system is the existence of popular courts. According to Yajnavalkya for the first time refers to three types of popular courts. Kula: The Kula has been defined by the Mitaksharaas consisting of a group of relations, near or distant. The Kula or joint families were often very extensive in ancient India. If there was a quarrel between two members the elders used to attempt to settle it. The Kula court was this informal body of family elders. Sreni: When the effort at family arbitration failed, the matter was taken to Sreni court. The term Sreni was used to denote the courts of guilds which became a prominent feature of commercial life in ancient India from 500 B.C. Sreni had their own executive committees of four or five members and it is likely that they might have functioned as the Sreni court also for settling the disputes among their members. This was an assembly of persons following a particular profession like betel sellers, weavers, shoemakers, and such like. Puga: Puga was an association of persons drawn from various castes and following different professions but staying in the same village or town. The Sabha or the village assembly of the Vedic period and the Gramavriddha court of the Arthasastra were the forerunners of the Puga court.
- The Criminal Procedure (Identification) Bill, 2022
Bill Summary:-The Criminal Procedure (Identification) ,Bill 2022 www.lawtool.net The Criminal Procedure (Identity) Bill, 2022 was introduced in the Lok Sabha on March 28, 2022. The Bill replaces the Identification of Prisoners Act, 1920. The Act authorizes the collection of certain identifiable information about specified persons, such as convicts, for investigation. Of crime. The Bill expands the scope of such particulars and the persons whose details can be taken. It authorizes the National Crime Records Bureau to collect, store and protect these details. Details about convicts and other persons: The Act permits the collection of photographs and specified details about convicts and other persons including finger impressions and footprint impressions. The Bill expands the list of details that can be collected. It will now include: (i) palm-print impressions, (ii) iris and retina scans, (iii) behavioural attributes such as signature and handwriting, and (iv) other physical and biological samples such as blood, semen, hair samples, and swabs, and their analysis. Persons whose details may be taken: As per the Act, the following persons may be required to give photographs and specified details: (i) persons convicted of certain offences (such as offences punishable with a minimum of one year of rigorous imprisonment), (ii) persons ordered to give security for good behaviour or maintaining peace under the Code of Criminal Procedure, 1973 (CrPC), and (iii) persons arrested in connection with an offence punishable with at least one year of rigorous imprisonment. The Bill widens the ambit of such persons to include all convicts, arrested persons, as well as persons detained under any preventive detention law. Arrested persons will not be obliged to give their biological samples unless they have committed an offence against a woman or a child, or an offence punishable with a minimum of seven years of imprisonment. Retention of details: The Bill requires the details collected to be retained in digital or electronic form for 75 years from the date of collection. The record may be destroyed in case of persons who: (i) have not been previously convicted, and (ii) are released without trial, discharged, or acquitted by the court, after exhausting all legal remedies. A Court or a Magistrate may direct the retention of details in case of such persons after recording reasons in writing. Resistance to giving details: As per the Bill, resistance or refusal to give details will be considered an offence under the Indian Penal Code, 1860. In case of such resistance or refusal, police officers or prison officers may collect details in the manner prescribed under Rules made by the state government or the central government. Persons authorised to collect details: Under the Act, details may be collected by police officers who: (i) are in charge of a police station, (ii) conduct investigation under the CrPC, or (iii) are at least at the rank of a Sub- Inspector. The Bill permits the collection of details about specified persons by either a prison officer (not below the rank of Head Warder), or a police officer (in charge of a police station, or at least at the rank of a Head Constable). Note that a Head Constable is generally two ranks below a Sub-Inspector. Powers of Magistrate: Under the Bill, a Magistrate may direct a person to give details for the purpose of an investigation or proceeding under the CrPC. Depending on certain factors (such as the area concerned), the Magistrate may be a Metropolitan Magistrate, a Judicial Magistrate of the first class, or an Executive Magistrate. Role of the National Crime Records Bureau (NCRB): The Bill empowers NCRB to collect the details about the persons covered under the Bill from state governments, union territory (UT) administrations, or other law enforcement agencies. Other functions of NCRB under the Bill include: (i) storing and destroying the details about specified persons at the national level, (ii) processing the details with relevant criminal records, and (iii) disseminating the details to law enforcement agencies. Further, state governments and UT administrations may notify agencies to collect, preserve and share details about specified persons in their respective jurisdictions. Rule-making power extended to the central government: The Act vested rule-making power only in the state government. The Bill extends this power to the central government as well. The central or state government may make rules on various matters, including: (i) the manner of collecting details, and (ii) the manner of collection, storage, preservation, destruction, dissemination, and disposal of details by NCRB.
- The Constitutional - Doctrines
The Constitutional - Doctrines www.lawtool.net In Law Doctrines are very important In constitutional law there are many doctrines are use in all countries constitution. In Indian Constitution has many important doctrines. Here you can read some important doctrines: 1. Doctrine of Basic Structure: 2. Rule of Harmonious Construction 3. Doctrine of Eclipse 4. Doctrine of severability 5. Doctrine of Pith and Substance: 6. Doctrine of Incidental or Ancillary Powers 7. Doctrine of Repugnancy 8. Doctrine of Colorable Legislation 9. Doctrine of Territorial Nexus 10. Doctrine of Judicial Review 1. Doctrine of Basic Structure: The basic structure doctrine depicts that the Constitution of India has certain basic features that can’t be altered or destroyed through amendments by the parliament.Basic features of the Indian Constitution are not explicitly defined by the Judiciary. It is widely believed that democracy, federalism, independence of the judiciary, secularism etc. are part of the basic features. This doctrine was first expressed in Kesavananda Bharati v. The State of Kerala (1973) 2. Rule of Harmonious Construction under Constitutional provisions should not be construed in isolation from all other parts of the Constitution, but should be construed as to harmonize with those other parts. This doctrine was brought about to bring harmony between the different lists mentioned inSchedule 7 of the Constitution of India. The Supreme Court laid down five principles of rule of Harmonious Construction in the landmark case of CIT v. Hindustan Bulk Carriers. 3. Doctrine of Eclipse This doctrine is applicable to pre-existing laws under Article 13(1). Article 13 provides that any law which made before the commencement of constitution must be consistent with the part III of the constitution. If any statue is inconsistent with the provisions of part III of the constitution such statue shall become void. At the same time such statue not be treated as Dead unless it is abolish by Parliament. It will be treated as dormant or remains eclipsed to the extent it comes under the shadow of the fundamental rights. Supreme Court first applied this doctrine in the case of Bhikaii v. State of M.P, where it applied to pre-constitutional law. The extension to the post-constitutional law was stated in the case of Dulare Lodh v. ADJ Kanpur. Hari Singh v. V. Military Estate Officers Delhi AIR 1972- Supreme Court held that Punjab Premises Act was inconsistent with Article 14 was void 4. Doctrine of severability When a statute is in part void, it will be enforced as regard the rest, if that is severable fromwhat is invalid, Article 13 states that the portion that is invalid should be struck off and not the entire one. The valid part can be kept. However, it should be kept in mind that even after separation; the remaining part should not become ambiguous. If the remaining part becomes ambiguous, then the whole statute would be declared void and of no use. R.M.D.C v. UOI is considered to be one of the most important cases on the Doctrine of Severability. ” WHEN A LEGISLATURE WHOSE AUTHORITY IS SUBJECT TO LIMITATIONS AFORESAID ENACTS A LAW WHICH A WHOLLY IN EXCESS OF ITS POWERS OF IT IS ENTIRELY VOID ANDMUST BE COMPLETELY IGNORED. 5. Doctrine of Pith and Substance: Pith and Substance mean the true nature of law. Doctrine of Pith and Substance says that where the question arise of determining whether a particular law relates to a particular subject (mentioned in one List or another), the court looks to the substance of the matter.. The State of Bombay and another v. E.N. Balsara; is the first important judgment of the Supreme Court that took recourse to the Doctrine of Pith and Substance. 6. Doctrine of Incidental or Ancillary Powers This principle is an addition to the doctrine of Pith and Substance. The doctrine established that the power to legislate on a subject also includes power to legislate on ancillary matters that are reasonably connected to that subject.It was held in the case of State of Rajasthan v. Chawala AIR 1959, the power to legislate on a topic includes the power to legislate on an ancillary matter which can be said to be reasonably included in the topics. Bail – Provisions as to bail and bonds: CrPC- Our Legal World 7. Doctrine of Repugnancy The term “repugnancy” means inconsistency between state made law and Union made law. Article 254 establish the “Doctrine of Repugnancy” which act as a safeguard to solve disputes arising between the States and Union. M. Karunanidhi v. UOI, (1979), is one of the most authoritative judgments on Doctrine of Repugnancy, SC summarized, test and principles of repugnancy. 8. Doctrine of Colorable Legislation The literal meaning of Colorable Legislation is that under the ‘color’ or ‘guise’ of power conferred for one particular purpose, the legislature can’t seek to achieve some other purpose which it is otherwise not competent to legislate on. This Doctrine also traces its origin to a Latin Maxim: “Quando aliquid prohibetur ex directo, prohibrtur ET per obliquum.” (Whatever legislature can’t do directly, it can ‘t do indirectly.) One of the most cogent and lucid explanations relating to this doctrine was give in the case of K.C. Gaiapati Naravana Deo and Other v. The State of Orissa. 9. Doctrine of Territorial Nexus under Article 245 states a state legislation can make laws on the territory of the state and not on extraterritorial laws provided there is nexus or connection between the state and the object of the legislation. Article 245(1) states that the Parliament of India can make laws for the whole or any territory of India. Similarly, a state legislation can do the same. Such laws can’t be declared invalid on the growth that they are extraterritorial according to Article 245(2). To determine whether a particular legislation is within the territorial nexus or not, this doctrine is applied. Supreme Court applied this doctrine in the case of Tata Iron Steel v. the State of Bihar. APPLICATION SEEKING RELEASE OF JAMATALASHI ARTICLES BEHALF OF APPLICANT, FORMAT 10. Doctrine of Judicial Review under Article 13 Judicial Review refers to the power of the judiciary to interpret the constitution and to declare any such law or order of the legislature and executive void, if it finds them in conflict the Constitution of India. Judicial Review Power is used by both the Supreme Court and High Courts. Judicial Review can’t be conduced in respect of the incorporated in the 9th Schedule of the Constitution. The foundation of Indian SC review power was laid firmly in A.K.Gopalan v. State of Madras. These Doctrines are very important for any competitive exam such as Judicial exams .
- LEGAL RESEARCH STEP BY STEP
LEGAL RESEARCH STEP BY STEP www.lawtool.net Fact Analysis FACT ANALYSIS STEPS INVOLVED To note all the factual details in an in-depth manner STEP-1: Talk to the parties concerned & prepare detailed notes and NOT miss any information STEP-2: Go through the relevant documentation, eg – a copy of FIR, seizure report, or any other STEP-3: Preparing the time-line of facts to refer to at a later stage in the case by reading the interview notes (Step-1) & relevant documents (Step-2) a number of times till you have complete clarity of the facts STEP-4: Separate the relevant or material facts from irrelevant facts in the case Beginning Legal Research IRAC- Issue-Rule-Application-Conclusion STEP-5: Issue means identification of the problem that is giving rise to a legal claim. Identifying the main dispute and other disputes, if any STEP-6: Rule means the rule of law or rules that are applicable in this case. Research & Identify the legal provisions applicable to the facts of the case STEP-7: Application is the stage at which you apply the issue to the rule, and assess where you stand. Read the legal provisions very carefully Apply the legal provisions to the issue/s in question STEP-8: Conclusion is the stage where you determine the result of the application of the rule to the particular issue. Clarity on facts and legal provisions, both, in support of your client and against your client Material Sources of Law PRIMARY & SECONDARY SOURCES OF LAW Difference: impact upon the binding nature and value of the source of law to the court The primary source has mandatory or binding authority The secondary source is not of mandatory authority, holds persuasive value, used in order to interpret and analyze the primary sources of law & to advance an argument more forcefully Hierarchy in the use of sources – If unable to find a primary source, then ascertain secondary sources What are Primary Sources of Law? The Constitution Statutes Central legislations in Official Gazette of the GOI State legislations in State Gazettes Government websites Bare Acts, Manuals Judgments decided by courts (Stare Decisis and Precedent Value) What are Secondary Sources of Law? Commentaries on specific laws International Treaties Academic Journals – Indian & Foreign Digests, Treatises, Books Reports - Law Commission Reports; Committee/Commission Reports; Annual Reports; Parliamentary Committee Reports - Joint Committee, Select Committee & Standing Committee Parliamentary Debates - Constituent Assembly Debates; Lok Sabha Debates; Rajya Sabha Debates Parliamentary Bills - Lok Sabha Bills; Rajya Sabha Bills; State Legislature Bills Legal Dictionaries/Law Lexicons Legal encyclopedic works – eg. American jurisprudence, corpus juris secundum, Halsbury law of England, and Halsbury laws of India LIBRARY RESEARCH STEPS TO LIBRARY RESEARCH STEP-1: Locate the index of books / catalogue to find out the exact books & location of those books in library STEP-2: Proceed to read and assimilate the information in the books by preparing notes STEP-3: More research questions could be identified & Refine your questions and the issues By following all the above steps, prepare issue-wise detailed notes of arguments and supporting case laws What do you need to research & Where? Case laws on a specific topic Digests Commentaries Any particular case law Law Reporters Legislative intent & legislative history of any act Objects and Reasons of the Act (published in the bill) Parliamentary debates Law Commission Reports Standing Committee/ Joint/Select Committee Reports Reports of the Committee appointed by the ministries for enacting/ reviewing any existing enactments Corresponding foreign law to any statutory provision in India Academic Journals – Indian & Foreign Comparative Law Journals Meaning of any particular “word” or “phrase” Law Lexicons / Legal Dictionaries LEGAL SOURCES LAW LEXICONS CASE LAW RESEARCH Ratio Decidendi and Obiter Dictum Ratio Decidendi – BINDING – reasoning that is used in the judgment that correlates the facts and the law, and upon analysis determines the outcome of the dispute Obiter Dictum – NOT BINDING – an observation, reference or discussion and is not central to the decision or determination of the dispute A lawyer must be able to separate the obiter from the ratio decidendi and reliance must be placed on the ratio Distinguished Cases: In case Court finds that the ratio has been on the basis of different facts or situation, then that case is distinguished from the present case before the court and will thus not have to follow the prior decision.
- The power of a High court:- Transfer cases U/A 228
The power of a High court to transfer cases under Article 228 www.lawtool.net Before any High Court can exercise its powers of transfer under Article 228". A suit or case must be actually pending in a court subordinate to the High Court No one can more the High Court under Article 228 stating that such a suit or case in intended to be filed, It must be actually filed and must be pending. If it has been dismissed or disposed of already, Article 228, will not apply. there major conditions must exist, they are : The High Court must be satisfied that it involves a substantial question of law as he interpretation of the constitution. It should really involve such a question. A merTrivolous allegation that such a question is involved will not do. S) The High Court must be satisfied that determination of that questions necessary fo ne disposal of the case. If the suit can be disposed of on the other questions raised (ike limitation, non maintainability by a single person when a representative suit has to be filed under the law etc.. Article 228 w not apply. Usually the High Court will not act till this point is Clear, and will wait act at once. (Ramaswami Ambalom Vs. Madars Hindu Religious Endowments Boards, (1951) M. L. J. 115 "Original jurisdiction of the Supreme Court". Originanal Jurisdiction of the Supreme Court - The supreme court of India shall have exclusive original jurisdiction in any dispute – 1) between the Government of India and one or more states or; 2) between the Government of India and any state or states on one side and one or more states on the other; or 3) between two or more states. The dispute must relate to some justiciable right. i.e. dispute must involve a matter of legal right. The constitution, however, excludes from the original jurisdiction any dispute - a) arising out of any treaty, agreement, covenant, engagement, sanad or other similar instrument which, having been entered into or executed before the commencement of the constitution continues in operation after such commencement; or b) which provides that the said jurisdiction should not extend to such a dispute. (Article 131). Appellate jurisdiction of the Supreme Court constitutional cases – An appeal shall lie to the Supreme Court, from any judgement, decree or final order of a High court in the territory of India whether in a civil, criminal or other proceeding, if the High court certifies under Article 134-A that the case involves a substantial question of law as to the interpretation of the constitution. (Article 132). "Prohibition and certiorari". Prohibition and Certiorari - The writs in the nature of prohibition and certiorari are issued to an authority acting in a judicial capacity. An order in the nature of prohibition is a judicial writ, issued by a superior court to an inferior court, preventing the latter from usurping the jurisdiction which is not legally vested in it, compelling it to keep within the limits of its jurisdiction and forbidding it to continue proceedings which are in excess of its jurisdiction or which are in contravention of the law. "Prohibition is a writ issuing out of the High court of Justice and directed to an inferior court which forbids such court to continue proceedings therein in excess of its jurisdiction or in contravention of the law of the land. An order in the nature of certiorani requires the record of the orders of the court al to be sent up to the court issuing the writ to have Its legality enquired into 64 and if necessary to have the order passed. Tre writ of certiorari is defined as the writ which "issues out of a superior court di je directed to the judge or other officer of an inferior court of record, It requires that the record of the proceedings in some cause or matter pending before such inferior ut shall be transferred to the superior court shall be transterred to the superior Coun to be there dealt with in order to ensure that the applicant for the writ may have a more sure and speedy justice". "Writs and Habeus Corpus". Writs - Under Article 32 of the constitution the Supreme Court and under Article 226 of the constitution the High court have power to issue direction or orders or wirts. including writs in the nature of habeas corpus, mandamus, prohibition, quo- warranto and certiorari whichever may be appropriate for the enforcement of any of the rights conferred by Part III of the constitution. Habeas Corpus - "have the body" a writ issued to a goaler, requiring him to bring a prisoner into court. The High Courts under Article 226, and the supreme court under Article 32, are empowered to issue "Writ of Habeas Corpus" a writ issued by a judge required an imprisoned person to be brought to a stated place at a stated time, usually to a court, for the legality of his imprisonment to be examined. (habeas corpus = have the body). The writ of "habeas corpus" is an order issued by the court calling upon the detainee to bring the detenue before the court and state the grounds for detention of the prisoner, and if no legal justification is shown the detenue is released forthwith. "Quo-warranto". Quo-Warranto - A prerogative writ which can be granted by the Supreme Court and High Courts in India to inquire from the other party by what authority he claimed or usurped the office, franchise or liberty in order to determine the right. (Article 32 and 226 of the constitution of India, 1950). Quo-Warranto proceeding confers jurisdiction. and authority on the judiciary to control executive action in the matter of appointments to public office against the relevant statutory provision; it also protects a citizen from being deprived of public office to which he may have a right. It affords a judicial enquiry in which any person holding any independent substantive public office or franchise or liberty is called upon to show by what right he holds it. If the inquiry leads to the finding that the holder of the office has no valid title to it, the issue of the writ of "quo-warranto"ousts him from that office. "Manadamus". Mandamus - official or some corporation carrying on official functions, commanding the performance of a public duty. The pre-emptory commands the act without qualification and disobedience in a contempt. The alternative writ requires the doing of the act or some justification before the court of the failure to do it. A prerogative writ issued by a higher court directed to some It is a high prerogative writ in the nature of a command requiring any specific act to be done or forborne by any person holding a public office, whether of a permanent or temporary nature, or by a corporation or inferior court of jurisidiction. Mandamus is ordinarily issued against a public authority and not against a private body or statutory duty in the performance of which the petitioner has legal interest.
- STOP KILLING FOR DOWRY
STOP KILLING FOR DOWRY www.lawtool.net Abstract The research objective of this paper is to study Dowry murders are the deaths of married women, who are continuous harassment and torture perpetrated by their in-laws or by their husbands, leading to suicide, making the women's home the most dangerous place for them. Like Indian society, dowry killers are mainly found in Pakistan, Bangladesh, and Iran. Dowry killing is considered one of several categories of violence against women, rape, burning of the bride, eve teasing, female genital mutilation, and acid throwing. This is a crime that is a stigma for every society, I have done my research on this subject, which is as follows. INTRODUCTION Dowry deaths are deaths of married women who are murdered or driven to suicide by continuous harassment and torture by their husbands and in-laws over a dispute about their dowry, making women's homes the most dangerous place for them to be. Dowry deaths are found predominantly in India, Pakistan, Bangladesh, and Iran. India reports the highest total number of dowry deaths with 8,391 such deaths reported in 2010, meaning there are 1.4 deaths per 100,000 women. Female dowry deaths account for 40 to 50 per cent of all female homicides recorded annually in India, representing a stable trend over the period 1999 to 2016.Adjusted for population, Pakistan, with 2,000 reported such deaths per year, has the highest rate of dowry death at 2.45 per 100,000 women .Dowry death is considered one of the many categories of violence against women, alongside rape, bride burning, eve teasing, female genital mutilation, and acid throwing. Dowry system in India Most dowry deaths occur when the young woman, unable to bear the harassment and torture, commits suicide. Most of these suicides are by hanging, poisoning or by fire. Sometimes the woman is killed by setting her on fire by her husband or in laws; this is known as "bride burning", and sometimes disguised as suicide or accident. Death by burning of Indian women have been more frequently attributed to dowry conflicts. In dowry deaths, the groom's family is the perpetrator of murder or suicide. India has by far the highest number of dowry-related deaths in the world according to Indian National Crime Record Bureau. In 2012, 8,233 dowry death cases were reported across India. This means a bride was burned every 90 minutes, or dowry issues cause 1.4 deaths per year per 100,000 women in India. According to a 1996 report by Indian police, every year it receives over 2,500 reports of bride-burning. The Indian National Crime Records Bureau (NCRB) reports that there were 8,331 dowry death cases registered in India in 2011.Incidents of dowry deaths during the year 2008 Dowry deaths in India is not limited to any specific religion, but are much more common in Hindu and Sikh communities in Northern India, particularly around Punjab, Haryana, Delhi, Rajasthan and Uttar Pradesh. Dowry Prohibition Act of 1961 INDIA Dowry Prohibition Act, 1961The Dowry Prohibition Act, and 1961 consolidated the anti-dowry laws which had been passed on certain states. This legislation provides for a penalty in section 3 if any person gives, takes or abets giving or receiving of dowry. The punishment could be imprisonment for minimum 5 years and a fine more than ₹15,000 or the value of the dowry received, whichever is higher. Dowry in the Act is defined as any property or valuable security given or agreed to be given in connection with the marriage. The penalty for giving or taking dowry is not applicable in case of presents which are given at the time of marriage without any demand having been made. The Act provides the penalty for directly or indirectly demanding dowry and provides for a penalty involving a prison term of not less than 6 months and extendable up to two years along with a fine of ₹10,000. Criminal statutes Indian Penal Code, Criminal Procedure Code and Evidence Act The Indian criminal laws were comprehensively amended to include dowry as a punishable offence. Section 304B was added to the Indian Penal Code, 1860 ("IPC"), which made dowry death a specific offence punishable with a minimum sentence of imprisonment for 7 years and a maximum imprisonment for life. It provided that if the death of a woman is caused by burns or bodily injury or occurs in suspicious circumstances within 7 years of her marriage, and there's evidence to show that before her death, she was subjected to cruelty or harassment by her husband or his relative regarding the demand for dowry, then the husband or the relative shall be deemed to have caused her death. Further, section 113B of the Evidence Act, 1872 ("Evidence Act"), creates an additional presumption of dowry death when it is shown that before her death, the woman had been subjected to cruelty on account of dowry demand. Section 304B IPC along with Section 113B of the Evidence Act has enabled the conviction of many who were not caught by the Dowry Prohibition Act, 1961. Section 113A of the Evidence Act provides a similar presumption of abetment of suicide (which is an offence under Section 306 IPC), in case of death of a married woman within a period of seven years of her marriage. Additionally, the judiciary also includes a murder charge under Section 302 IPC as this allows courts to impose death penalty on perpetrators of the offence. Section 406 IPC, pertaining to offences for the criminal breach of trust, applies in cases of recovery of dowry as it is supposed to be for the benefit of the woman and her heirs. Further, Section 498A IPC was specifically included in 1983 to protect women from cruelty and harassment. The constitutionality of Section 498A was challenged before the Supreme Court of India on grounds of abuse, on grounds that it gave arbitrary power to the police and the court. However, it was upheld in Sushil Kumar Sharma v. Union of India (2005).The Code of Criminal Procedure, 1973 provides that for the prosecution of offences under Section 498A IPC, the courts can take cognizance only when it receives a report of the facts from the police or upon a complaint being made by the victim or her family. Protection of Women from Domestic Violence Act, 2005 The Protection of Women from Domestic Violence Act, 2005 ("Domestic Violence Act") was passed in order to provide a civil law remedy for the protection of women from domestic violence in India. The Domestic Violence Act encompasses all forms of physical, verbal, emotional, economic and sexual abuse and forms a subset of the anti-dowry laws to the extent it is one of the reasons for domestic violence. Section 3 of the Domestic Violence Act specifically incorporates all forms of harassment, injury and harms inflicted to coerce a woman to meet an unlawful demand for dowry. Some of the common remedies under the Domestic Violence Act include: ·protection orders – prohibiting a person from committing domestic violence; ·residence orders – dispossessing such person from a shared household; ·custody orders – granting custody of a child; and ·Compensation orders – directing payment of compensation. International conventions India is a party to several international human rights instruments which provide theoretical remedies to the dowry problems. These international conventions include the Universal Declaration of Human Rights ("UDHR"), International Covenant on Civil and Political Rights ("ICCPR"), the International Covenant on Economic, Social, and Cultural Rights ("ICESCR"), the Convention on the Elimination of All Forms of Discrimination against Women ("CEDAW"), and the Convention on the Rights of the Child ("CRC"). CEDAW codifies the rights most relevant to the discussion of dowry-related violence: the rights of women. However, there are issues of non-intervention and cultural relativism which impede the use of international law to combat dowry deaths. Pakistan In Pakistan, the giving and expectation of a dowry (called Jahez) is part of the culture, with over 95% of marriages in every region of Pakistan involving transfer of a dowry from the bride's family to a groom's family. Dowry deaths have been rising in Pakistan for decades. Dowry-related violence and deaths have been widespread since Pakistan became an independent nation. At over 2,000 dowry-related deaths per year, and annual rates exceeding 2.45 deaths per 100,000 women from dowry-related violence, Pakistan has the highest reported number of dowry death rates per 100,000 women in the world. Pakistan's Dowry and Marriage Gifts (Restriction) Bill, 2008, Bangladesh In Bangladesh, dowry is called joutuk, and a significant cause of deaths as well. Between 0.6 and 2.8 brides per year per 100,000 women are reported to die because of dowry-related violence in recent years. Iran Dowry is an ancient custom of Persia, and locally called jahâz (sometimes spelled jahiziyeh). Dowry-related violence and deaths in Iran are reported in Iranian newspapers, some of which appear in English media. Conclusion This research paper summarizes all legal matters related to dowry harassment. This paper provides a simple summary of the current law by which new laws can be enacted to prevent dowry harassment in India, to understand the cases related to increasing dowry in the country and its uses to understand the basics of law making. Also. It is possible. So that dowry harassment can be stopped in India. To stop the dowry practice, the Government of India should also enact new laws so that dowry harassers can be punished severely.
- Aryan Khan:- Mumbai Cruise Ship Drugs Case
Aryan Khan drugs case: Complete story of arrest in Mumbai cruise ship drugs case www.lawtool.net Aryan Khan, Arbaaz Merchant and Munmun Dhamecha was arrested on October 3 in connection with the Mumbai cruise drugs case. Here's a comprehensive guide to everything that has happened since then. Aryan Khan remains in prison after a special court in Mumbai rejected his bail application on October 20. Aryan Khan, the son of Bollywood superstar Shah Rukh Khan, was arrested in connection with a drugs case in early October. Here’s a comprehensive guide on the Aryan Khan-Mumbai cruise drugs case. WHO IS ARYAN KHAN? MUMBAI CRUISE DRUGS CASE: HOW DID IT ALL BEGIN? WHEN WAS ARYAN KHAN ARRESTED? WHAT ARE THE CHARGES AGAINST ARYAN KHAN? WITNESS ADDS TWIST, SAMEER WANKHEDE UNDER SCANNER Case Laws relating to Bails Aryan Khan, Arbaaz Merchant and Munmun Dhamecha have been granted bail by the Bombay HC in the Mumbai cruise drugs bust. A detailed order will be released tomorrow. Aryan Khan, son of Bollywood superstar Shah Rukh Khan, is no stranger to the spotlight. Except perhaps the kind of headlines he’s been getting over the last few days. ‘Bollywood superstar SRK’s son Aryan Khan arrested in drugs case,’ screamed headlines on October 3, 2021, beginning a filmy saga that ultimately saw Aryan Khan cooling his heels at Mumbai’s Arthur Road Jail. Aryan Khan was arrested on October 3 in connection with a drugs raid conducted by the Narcotics Control Bureau. Helmed by zonal director Sameer Wankhede, the NCB’s Mumbai unit raided a cruise ship off the city coast. Aryan Khan, along with several others, was arrested and accused of consumption and ‘conspiracy’, among other charges. Since October 3, Aryan Khan has been doing the rounds of courts in Mumbai seeking bail. As of October 25, Aryan Khan remains imprisoned at Mumbai's Arthur Road Jail after a special drugs court rejected his bail application. Aryan's lawyers have approached the Bombay High Court to seek relief. The court began hearing Aryan's bail plea on October 26. MUMBAI CRUISE DRUGS CASE: HOW DID IT ALL BEGIN? On October 2, Aryan Khan left his home in Mumbai’s Bandra to attend a party on board Cordelia Cruises' Empress ship. A two-day ‘musical voyage’ had been organized offenses quantity that by a Delhi-based events company. On receiving a tip-off, a team of the Narcotics Control Bureau’s Mumbai unit, led by zonal director Sameer Wankhede, boarded the ship disguised as passengers. On board the ship, NCB officials began a search and the same night, it was reported that the NCB had seized various illegal drugs such as cocaine, charas, and MDMA from the ship and detained 7-8 people, including a Bollywood star’s son. WHEN WAS ARYAN KHAN ARRESTED? Aryan Khan was formally placed under arrest at around 2 pm on October 3, a day after the raid. Two others -- Munmun Dhamecha and Aryan’s friend Arbaaz Merchant -- were also arrested. According to the arrest memo, Aryan Khan was placed under arrest for "involvement in consumption, sale and purchase" of contraband. By then, the NCB had claimed to have seized 13 grams of cocaine, 5 grams of MD, 21 grams of charas, 22 pills of MDMA (ecstasy) and Rs 1.33 lakh in cash during the raid on Cordelia Cruises' ship. WHAT HAS HAPPENED IN COURT SO FAR? Since the arrest of Aryan Khan, Mumbai courts have become the site of much drama in the cruise ship drugs case. Aryan Khan’s legal team, which includes senior advocates Satish Maneshinde and Amit Desai, argued for him to be released on bail. The NCB, represented by Additional Solicitor General Anil Singh, opposed the bail plea. October 4: During one of the first hearings in the Aryan Khan case, the NCB sought an extension of the star kid’s police custody till October 11. However, the court granted NCB custody of Aryan Khan and the others only till October 7. October 7: The NCB again sought custody of Aryan till October 11. The court refused the demand and instead sent him to 14-day judicial custody. Aryan was shifted to Mumbai’s Arthur Road Jail the next day. He was being held at the NCB office until then. October 8: Aryan Khan moved the court for both interim and regular bail. The magistrate court, which was hearing the matter, rejected the bail application on grounds of it being ‘non-maintainable in that particular court. October 11: A special NDPS court heard the bail plea and directed the NCB to file its reply by October 13. October 13: The court adjourned the hearing for the next day after hearing arguments from both sides. October 14: The special NDPS court judge reserved his order on Aryan Khan’s bail application. With courts shut for the weekend and other holidays, the next hearing was scheduled for October 20, meaning that Aryan would stay in jail at least until then. October 20: In the afternoon, the special NDPS court rejected Aryan Khan's bail application. Aryan's lawyers said that they would go to the Bombay High Court in appeal against the rejection of bail by the lower court. Aryan Khan continues to remain in prison. October 21: Aryan Khan's lawyer Satish Maneshinde, along with his team, went to the Bombay High Court. The court said it will hear Aryan Khan's appeal on Tuesday, October 26. October 26: The Bombay High Court began hearing Aryan Khan's bail plea. The NCB opposed the plea while former Attorney General Mukul Rohatgi, along with others, argued in favour of bail for Aryan Khan. The hearing will resume at 2.30 pm on Wednesday. Meanwhile, a special NDPS court granted bail to two accused in the case. October 28:Aryan Khan, Arbaaz Merchant and Munmun Dhamecha have been granted bail by the Bombay HC in the Mumbai cruise drugs bust. A detailed order will be released tomorrow. WITNESS ADDS TWIST, SAMEER WANKHEDE UNDER SCANNER On October 24, the case took a new turn when independent witness Prabhakar Sail stated in a notarised affidavit that Rs 25 crore had been demanded on behalf of NCB zonal director Sameer Wankhede for the release of Aryan Khan. Prabhakar Sail, bodyguard to another witness KP Gosavi, also alleged that he was made to sign a blank panchnama. He said that KP Gosavi was the one who had made the Rs 25 crore demand on Sameer Wankhede's behalf. In response to these allegations, the NCB issued a press release saying that Sameer Wankhede has denied all the claims. The agency also said that Prabhakar Sail's affidavit would be forwarded to the NCB chief so further action can be taken. Sameer Wankhede, meanwhile, wrote a letter to the Mumbai Police Commissioner requesting him to "ensure that no precipitate legal action is carried out" against him by "unknown persons" with "ulterior motives" to frame him. On October 25, NCB deputy director general Gyaneshwar Singh said an inquiry had been initiated to probe the allegations levelled against Sameer Wankhede. The provisions of Bail under Special Laws: Section 37 of the NDPS Act (The Narcotic Drugs and Psychotropic Substances Act, 1985) provides that every offence under the act is cognizable offence and further no person shall be released on bail for the offences committed under Section 19 or Section 24 or Section 27A and also for offences involving commercial quantity unless the public prosecutor is heard. The accused under this Act may be released on bail, if the court is satisfied that there is no reason to believe the accused is guilty of the offence and further he will not commit offence while on bail. Section 43D of the Unlawful Activities Prevention Act, 1967 provides that every offence committed under this act is a cognizable offense. Under this section, the police can detain the accused person for investigation for a period of 90 days. Upon the application by the public prosecutor for increasing detention on the grounds that the investigation is not complete and giving all the details of the investigation the said period can be increased further up to 180 days. Further under this section, subsection 5 provides that no person accused under this section be released on bail unless the public prosecutor has been given an opportunity of being heard on the application for such release and provided that such accused person shall not be released on bail or on his own bond if the Court, on a perusal of the case diary or the report made under section 173 of the Code is of the opinion that there are reasonable grounds for believing that the accusation against such person is prima facie true. Section 45 of the PMLA, 2002 (Prevention of Money Laundering Act) provided that no person can be granted bail for any offence under the Act unless the public prosecutor, appointed by the government, gets a chance to oppose his bail. When the public prosecutor opposes the bail, the court has to be satisfied that the accused is not guilty of the crime and accused is not likely to commit any offence while out on bail. Case Laws Relating to Bails In the case of State v. Captain Jagjit Singh (1962) the Supreme Court enumerated relevant factors that belies the decision on bail such as the nature and seriousness of the offence, the character of the evidence, circumstances which are peculiar to the person accused of an offence, a reasonable possibility of the presence of the accused person not being secured at the trial, reasonable apprehension of witnesses tampering, the larger interests of the public or the State etc., which arise when a court decides on bail for a non-bailable offence. In the case of State of Rajasthan v. Balchand (1977) the Supreme Court declared that the rule is “Bail not jail”. It further stated that denial of bail is therefore an exception, to be exercised only when there are circumstances indicating absconding from justice or thwarting the course of justice or creating other troubles in the shape of repeating offences or intimidating witnesses and the like, by the accused who seeks enlargement on bail. The Supreme Court, in the matter of Shahzad Hasan Khan v. Ishtiaq Hasan Khan (1987), has observed that “Liberty is to be secured through the process of law, which is administered keeping in mind the interest of the accused, the near and dear of the victim who lost his life and who feel helpless and believe that there is no justice in the world as also the collective interest of the community so that the parties do not lose faith in the institution and indulge in private retribution”. In case of Rajesh Ranjan @ Pappu Yadav v. Central Bureau of Investigation (2007), the Supreme Court held that the grant of bail depends upon factual matrix of the case and no straight-jacket formula can be laid down for grant of bail. In the case of State of UP v. Amarmani Tripathi (2005) it was held by the Supreme Court that a vague allegation that person accused of an offence may tamper with evidence or witnesses, may not be a ground to refuse bail, if the accused person is of such character that the mere presence at large would intimidate the witnesses or if there is evidence to show that the liberty would be used to subvert the justice or tamper with the evidence then bail will be refused. In Prasad Shrikant Purohit v. State of Maharashtra (2018) the Supreme Court has held, “While considering a bail application, detailed appreciation of the evidence is not required. But the court must find out if there is prima facie evidence in support of charges levelled. Court must also examine the nature and severity of the offence and penal consequences. The court must also consider apprehension of tampering with or threat to witnesses of the complainant”. Refusal of bail under the section 37 of the NDPS act is the rule and the grant of the bail is the exception. The whole purpose of enacting the NDPS Act was to curtail the menace of drugs and narcotics trafficking as there is reason to believe that if the accused is released on bail then they will continue their work of trafficking drugs and narcotics substances in the society and thus create a potential threat. However, the court can grant bail if there are reasonable grounds to believe that the accused is not guilty of the offence and he would not indulge in these types of activities when released on bail. The term ‘reasonable grounds’ appear very ambiguous and contains discretionary characteristic. The Supreme Court explained the term reasonable ground in the case of Narcotics Control Bureau v. Dilip Pralhad Namade (2004) to mean ‘something more than just the prima facie grounds’. The ‘reasonable belief’ contemplated in the provision requires existence of such facts and circumstances as are sufficient in themselves to justify satisfaction that the accused person is not guilty of the alleged offence and he is not likely to commit any offence while on bail. After the TADA and POTA {Terrorist and Disruptive Activities (Prevention) Act and Prevention of Terrorism Act} were repealed, their provisions were incorporated under the UAPA (Unlawful Activities Prevention Act). The Bail provisions under the UAPA were made liberal than those under TADA and POTA as they virtually prohibited the grant of bail to the accused. In the case of Kartar Singh v. State of Punjab (1994), the Supreme Court has observed that such laws provided enormous power to the police, as by registering a case under these legislations, they could ensure that a person would remain in jail at least for the period of the trial. Under the UAPA, on moving of the application of bail by the accused, the bail is not straight away denied but the public prosecutor is given notice to be heard and further the bail is denied if the court feels the allegations against the accused are prima facie true. In Jayanta Kumar Ghosh v. State of Assam (2010) the Guwahati High Court discussed what ‘prima facie true’ means. It held that the Court should determine whether the accusations were ‘inherently improbable or wholly unbelievable’. Only in such circumstances the person can be released on bail. Apart from terrorism, economic threat to a country could be enormous and capable to shake the public confidence. In India, number of economic losses or financial scams have taken place. Scams like Satyam, Fodder, Harshad Mehta, Nirav Modi, Housing, Chit fund and many more. The economic offenders are the offender which harm the country. In the case of Gujarat v. Mohanlal Jitamalji Porwal & Anr. (1987) pertaining to bail relating to the economic offences, the Supreme Court has observed, “the entire society is aggrieved if the economic offenders are not brought to books as they affect the entire economy.” When a bank official commits a fraud in the bank, the customer whose account is present in the bank would not be safe and secure and thus these type of offences shake the faith of the public in institutions such as banks, financial institutions etc. Such frauds, in large number, could have been seen during the time of demonetization when the bank employees committed frauds in circulating the notes of the new denominations. In the case of Supreme Court Legal Aid Committee representing Undertrial Prisoners v. Union of India (1994), the Supreme Court has observed, “bail under special legislations remains inconsistent and unpredictable and therefore, raises concerns regarding the violation of Article 21 of the constitution of India with regards to the rights of the accused person.” Therefore, under the special Laws proper guidelines should be made so that the bail under special laws don’t remain inconsistent and unpredictable. In a recent judgment titled as Nikesh Tarachand Shah v. Union of India (2018), the Supreme Court has struck down the provision of Section 45 of the PMLA, which provides that no person can be granted bail for any offence under the Act unless the public prosecutor, appointed by the government, gets a chance to oppose his bail; and should the public prosecutor choose to oppose bail, the court has to be convinced that the accused was not guilty of the crime and additionally that accused was not likely to commit any offence while out on bail. This ruling struck down the clause, which made it virtually impossible to grant bail to the accused person.
- Crypto-Currency
Crypto_Currency www.lawtool.net TOPIC RELATED CRYPTO-CURRENCY What is cryptocurrency? Who made it and why? Bitcoin most expensive virtual currency How does cryptocurrency work? How is the transaction done? What happens after finding the hash? What happens after consensus is reached? How to trust cryptocurrencies? Many countries are going to bring cryptocurrencies Who are the Indian market players? What did the founder of Wazirx say about cryptocurrencies? How to buy and sell crypto? What can be done with crypto? What is the cryptocurrency market? What is the future of crypto? What is the stand of the government? India plans law that will prohibit 'all private cryptocurrencies,' with 'certain exceptions' Cryptocurrency & regulation of official digital currency bill 2021 What is cryptocurrency? Cryptocurrency is a word made up of two words. Crypto is a Latin word derived from cryptography and which means hidden. Whereas currency also comes from Latin currentia, which is used for money-money. So cryptocurrency means hidden money. or secret money. Or Digital Rupee. Generally, cryptocurrency is a kind of digital money, which you cannot touch, but can keep. That is, it is a digital form of currency. It is not in your pocket in a solid form like a coin or paper currency. It happens completely online. Understand it in simple language in such a way that every country has its own currency. Like India has Rupee, America has Dollar, Saudi Arabia has Riyal, England has Euro. Every country has its own currency. That is, such a money-system which is valid by a country and the people there can buy essential things using it. That is, which has any value, it is called currency. Who made it and why? The cryptocurrency was started by Satoshi Nakamoto in 2009, but it is not. Even before this, many investors or countries had worked on digital currency. The US created in 1996 prime electronic gold, gold that could not be kept but could be bought from other things. Although in 2008 it was banned. Similarly, in the year 2000, the Netherlands had linked cash to smart cards to fill petrol. Bitcoin Most Expensive Virtual Currency Simply put, cryptocurrency is a digital cash system, which is built on computer algorithms. It stays online only in Digit form. There is no control of any country or government on this. Initially, it was declared illegal. But later due to the increasing popularity of Bitcoin, it has been legalized in many countries. Some countries are even bringing their own cryptocurrencies. Bitcoin is the most expensive virtual currency in the world. How does Cryptocurrency work? The popularity of cryptocurrency currencies has increased over the past few years. They are used through blockchain software. These digital currencies are encrypted ie coded. It is managed through a decentralized system. In this, each transaction is verified by digital signature. Its records are kept with the help of cryptography. Kshitij explains that buying through this is called Cryptocurrency Mining because every information has to be created digitally in the database. Those who do this mining are called miners. To understand more in simple language, cryptocurrency is a virtual currency based on blockchain technology that is secured by cryptography. All this work is done through a powerful computer. Hackers and computer experts even say that it is almost impossible to copy its code. How is the transaction done? Whenever a transaction occurs in cryptocurrency, its information is recorded in the blockchain, that is, it is kept in a block. The work of security and encryption of this block is done by the miners. For this, they solve a cryptographic puzzle and find the appropriate Hash (a code) for the block. What happens after finding the hash? When a miner secures a block by finding a strong hash, it is added to the blockchain and verified by other nodes in the network. This process is called consensus. What happens after consensus is reached? If the consensus is reached, the block is confirmed to be secure. If it is found to be correct, then the crypto coin is given to the miner who secures it. It is a reward that is considered to be proof of work. How many are like? Now a question is also arising in the mind that if it is in digital form then how many types are there. If seen, there are more than 1800 cryptocurrencies available. Which you can also use apart from Bitcoin. There are Ethereum (ETH), Litecoin (LTC), Dogecoin, Faircoin (FAIR), Dash (DASH), Peercoin (PPC), Ripple (XRP). How to trust cryptocurrencies? People predicted that bitcoin would end around $180-$200. But with the mass adoption by the masses, it is gaining more trust. In the last quarter, about $700 million dollars were added to the market cap of bitcoin. However, the price has almost more than doubled since September 2020. Many countries are going to bring cryptocurrencies Although it has been debated that this bubble is in space and can burst at any time, it has become more valuable with the widespread acceptance and entry by new investors. It has to be trusted because many countries are now considering bringing their own cryptocurrencies. Earlier the government was contemplating banning it, but now it has seen softness. Who are the Indian market players? Bitcoin Wallet is very similar to our mobile wallet. Where we store our money and do transactions from it. WazirX, Unocoin, Zebpay are Indian companies that are in the business of bitcoin. What did the founder of Wazirx say about cryptocurrencies? Nischal Shetty, Founder and CEO of WazirX said in an interview, 'There is a lot of confusion about this in India right now. Because there is no regulation for this in the country. People get scared when they hear about it. In fact, a lot of things on the Internet are unregulated. E-commerce including ola, uber are also unregulated. The most important thing for investors is that if not regulated, the chances of fraud and scam increase. How to buy and sell crypto? The answer to this question has also become easy now. Due to the increasing popularity, there are now many crypto exchange platforms in the market. In such a situation, it is quite easy to buy and sell cryptocurrencies like Bitcoin and Dogecoin in the country. Popular platforms include WazirX, Zebpay, Coinswitch Kuber, and CoinDCX GO. Investors can also buy other cryptocurrencies such as Bitcoin, Dogecoin, and Ethereum from international platforms such as Coinbase and Binance. The most important thing is that all these shopping platforms are open round the clock. The process of buying and selling cryptocurrencies is also quite easy. All you need to do is sign up on these platforms. , after completing your KYC process, money will have to be transferred to the wallet. After that, you will be able to shop. What can be done with crypto? The world's most expensive diamond has been bought with cryptocurrency in July. It has become clear from this that material things can also be bought from this in future. However, cryptocurrencies cannot be printed as paper currency and coins. But still, it has its value. With Cryptocurrency, you can buy, trade, and invest goods, but you cannot keep them in your vault. Nor can they be kept in the locker of the bank. Because it stays online in the form of Digits. It is also called digital money, virtual money, and electronic money. Its value is much more than the physical currency. Some of the top cryptocurrencies are worth thousands of times more than a dollar. What is Cryptocurrency Market? The place where the trading and trading of cryptocurrencies takes place. It is known by names like Cryptocurrency Exchange, Digital Currency Exchange (DCE), Coin Market and Crypto Market. What is the future of crypto? Two things are most important about Bitcoin - one, it is a digital currency used through the Internet and second, it is seen as an alternative to traditional currency. Cryptocurrencies are currently facing a crisis of trust. Governments view this with suspicion and consider it a threat to the traditional currency. Governments also feel that cryptocurrencies are part of a virtual world that is trying to break free from government control and is trying to run parallel to the real world. What is the stand of the government? The important thing is that the central government can completely ban cryptocurrency in the new proposed bill. In this regard, a committee was constituted by the Center in the year 2017. This committee had proposed to ban cryptocurrency. In such a situation, cryptocurrency experts believe that in the coming days, the government can take a decision to ban all cryptocurrencies. India plans a law that will prohibit 'all private cryptocurrencies,' with 'certain exceptions' India plans to introduce, evaluate and enforce a bill to prohibit “all private cryptocurrencies” in the country, according to a legislative agenda for the winter session. The Indian government said Tuesday evening that the proposed law will permit “certain exceptions” to promote the underlying technology of cryptocurrency and its applications. The bill — called Cryptocurrency & Regulation of Official Digital Currency Bill 2021 — will also create a “facilitative framework” for the creation of the official digital currency for the country, the legislative agenda adds. It’s worth pointing out that the description of the bill is identical to the one New Delhi listed for the previous parliamentary session earlier this year. The winter session of the parliament starts on November 29. Lawmakers in India have for several quarters been discussing risks of cryptocurrency trading and trialing a central government-backed digital currency. An increasing number of Indians, many of whom have never invested in the stock market or any other asset class, have started to trade cryptocurrencies in recent quarters, prompting concerns among some that they might end up losing their money. Local cryptocurrency exchanges have reported growing volumes of transactions and user bases this year and raised record capital from high-profile investors. CoinDCX, backed by B Capital, and CoinSwitch Kuber, backed by a16z and Coinbase Ventures, became unicorns this year. India’s Prime Minister Narendra Modi, and several other lawmakers, as well as several industry stakeholders, have held several meetings in recent quarters to discuss the cryptocurrency space and some of the recent developments. At least one top Indian minister recently held conversations with a prominent venture capitalist and suggested that India is likely to formulate a law that will support innovation following China's decision to ban cryptocurrency trading and mining, according to a source directly familiar with the matter. Many lawmakers, in the meantime, have also expressed concerns about the nature of ads carried by cryptocurrency exchanges. A consensus was reached in that meeting that these “irresponsible advertisements”, which promised wild profits to consumers by investing in crypto, were misleading youths in the nation and must be stopped, TechCrunch reported earlier. Several Bollywood stars, including legendary Amitabh Bachchan, Ayushmann Khurrana and Ranveer Singh, who have starred in several of the country's biggest blockbusters, have promoted cryptocurrency trading in TV and newspaper ads. Lawmakers have also expressed concerns around potential misuse of using crypto trading vehicles for laundering money and financing terrorism efforts. Shaktikanta Das, governor of the central bank Reserve Bank of India, said last week that the country needs to have much deeper discussions on the issue of cryptocurrencies. “When the central bank says that we have serious concerns from the point of view of macroeconomic and financial stability, there are far deeper issues involved,” Das said at an event. “I’m yet to see serious, well-informed discussions in the public space on these issues.”
- Mathura Gang Rape Case
ABSTRACT: The article looks at the changes after the heinous incident viz.; Mathura rape. A few years ago, there have been many changes in the law relating to rape, but one question remains: Has the law really changed? The claim that the same judicial mind was used in the Mathura rape case is valid even today, in view of the Supreme Court judgments. And the concept of consent or non-consent remains the same issue as changes to the law have failed to address passive consent and medicalization of consent. The article states that the change in law has not changed the conviction as amendments to the replaw do not go away from this circular address of consent and non-consent. The answer came in accordance with law and with consent in cases other than rape, which is in property and in contract which is based on sympathy of intent. Thus, the article concludes that since the law is dynamic and changing day by day and it needs to be rebuilt for the development of women under the law and not its purpose. KEYWORDS: #changes, #law, #judgment, #judicial #mind, #consent, #issues, #conviction, #Amendment, #property, #contract, #dynamic, #reconstruction. TITLE OF THE CASE: Tuka Ram AndAnrvs State Of Maharashtra on 15 September, 1978 PETITIONER: TUKA RAM AND ANR. Vs. RESPONDENT: STATE OF MAHARASHTRA DATE OF JUDGMENT: 15/09/1978 Equivalent citations: 1979 AIR 185, 1979 SCR (1) 810 BENCH: KOSHAL, A.D. BENCH[AB1] [AB2] [AB3] [AB4] : KOSHAL, A.D. SINGH, JASWANT KAILASAM, P.S. INTRODUCTION: Feminist activism in India gained momentum in late 1970's. One of the most National level issues that brought women's group together was a Mathura's Gang Rape Case. The day of 26th March 1972, considered as the black day in the history of empowerment of women. On 26th March 1972, Mathura rape case became the episode of custodial rape in India, where Mathura, a young harijan girl, was badly raped by two policemen on the compoundof Desaiganj Police Station in Chandrapur district, of Maharashtra as it led to amendments in Rape Law via The Criminal Law Amendment of 1983. The judgment is given by Justice Jaswant Singh, Kalisam and Khosal who were highly criticized by the people for their legal fallacies and the interpretation of the law for ambiguous and the sexiest tone.Then after the Supreme Court acquitted the accused,there was a huge public outcry and protests against the laws of the country. FACTS OF THE CASE: A young tribalgirl named Mathura lived with her brother Gama She worked as the laborer at the Nushi's house for the employment. During the period of employment she developed the sexual relations with the son of Nushi's sister, Ashok. They decided to get married. Her brother filed a complaint to the police ensuringthat Mathura had been kidnapped by Nushi, her husband Laxman and Ashok on 26th of March, 1972. The statements of Ashok and Mathura were recorded at about 10:30 P.M., and the head constable Baburao asked all the persons to leave with a direction to Gama to bring a copy of the entry regarding the birth date of Mathura. The appellants also asked Mathura to stay at the police station only. Thereafter closing the doors and turning off the lights inside, Ganpat, the appellant No.1 took Mathura to the washroom and raped her. After the Ganpat was done, the appellant No. 2 Tukaram, tried to rape her but failed due to highly intoxication but touched her private parts. After the incident Mathura was examined by the doctor and found no injury on her body. The examiner did not found the symptoms of semen, even on the pubic hair. The semen however found on the girl's clothes. After examining her doctors has also estimated the age of Mathura as between 14 to 16 years. JUDGMENT BY THE SESSION JUDGE: The session court held that both of the accused are not liable for the offence of rape because the intercourse between the girl and accused was a “consensual sexual intercourse” as the girl was habituated to the sexual intercourse. And also shewas scared of Ashok and Nushi that is why she had not made any sound. The district judge therefore acquitted both of the appellants. JUDGMENT BY THE HIGH COURT: The Bombay High Court has reversed the order of the Session Court and held that the sexual intercourse was a rape and not a consensual sexual intercourse. It is proved by the evidence that since, both the accused were stranger to Mathura, how she can have sexual intercourse with them to fulfill the sexual needs of her. JUDGMENT BY THE SUPREME COURT: The appellant contended for the special leave. And Supreme Court again converted the decision of the High Court andacquitted the accused. It was agreed with the decision of the Session Judge andheld that this was a case of consensual sexual intercourse. On thisspot the Supreme Court more added that as “no marks of injury” were found on Mathura’s body there was “no battle” on her part and since she did not “raise analarm” for help she “consented to sex". ISSUES BEFORE THECOURT: 1. Whether there was consent of girl? 2. Whether the appellant No.1 and No.2 will be charged for Section 376 of Indian Penal Code? 3. Whether the act of police officer will amount to rape? 4. Whether the grounds of acquittal of the police officer by the Court are valid? ARGUMENTS: · ARGUMENT NO.1: According to the decision of the Trial Court, in the question of consent, the intercourse had developedconsensually as the girl was habituated to sex and wants to fulfill her sexual needs. But, High Court reversed the decision of the Trial Court and held that that thesexual intercourse wasa rape and not a consensual sexual intercourse. It is proved that as Mathura wasa minor and of 14 years of age, even if the consent given by her; how it can be considered as the valid consent. Hence, it was not the valid consent. · ARGUMENT NO.2: On the evidences presented before the Trial Court it was held that Mathura was habituated tosex and on the basis of this evidence, both of the appellants are not charged with Section 376 of Indian Penal Code and got acquitted. But, to the contrary HighCourt held that even though Mathura was habituated to sex and as both the accused were stranger to Mathura, how she can have sexual intercourse with them to fulfill her sexual needs. · ARGUMENT NO.3: Trial Court has acquitted both the appellant and High Court held the Police Officers liable for the offence of rape under Section 376 ofIndian Penal Code. · ARGUMENT NO.4: The Trial Court held that since Mathura had not raised any alarm, her allegations of rape were untrue. Her ways humbly following Ganpat and were making allow him to have sexual intercourse with her and giving indication that the 'consent' in question was not a consent which could be kept aside as 'passive submission1'. According to the Trial Court police officers are acquitted on the basis that the intercourse had developed consensually and while having intercourse Mathura have not raised any alarm or did not made any soundfor help. But the High Court held both of the police officers liable for the offence of rape. ANALYSIS OF SECTION: 376; IPC, PUNISHMENT FOR RAPE: Whoever, except in the cases provided for by subsection (2) , commits shall be punished with imprisonment of either description for a term which shall not be less than seven years but which may be for life or for a term which extend to ten years and shall also be liable to fine unless men raped his own wife and is not under twelve years of age , in which cases , he shall be punished with imprisonment of either descriptionfor a term which may extend to two years or with fine or both . Provided that court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than seven years. · Whoever,— (a) if a person being a police officer commits rape— (i) in the area of thepolice station to which he is appointed2; or (ii) in the building of any station house whether or not situated in the police station to which he is appointed; or (iii) any woman under his custody or under any subordinate police officer under him; or (b)if any person being a public servant, takes benefit of his official status and commits rape on any woman under his custody assuch public servant or under the custody of subordinate public servant; or (d)if any person commits rape with woman knowing her to get pregnant; or (e) if any person commits rape with woman under twelve years of age; or (f) if any person commits gang rape, shallbe punished with rigorous imprisonment for a term which shall not be less than ten years but which may be for life and shall also be liable to fine: 1Tukaram v. State ofMaharashtra AIR 1979 SC 185. 2Section; 376 of IPC, 1956 Provided that, the Court may, for sufficient and particular reasons which is to be highlighted in the judgment, impose a sentence of imprisonment of either descriptionfor a term of lessthan ten years. Explanation 1.— Where a woman is being raped by one or more in a group of persons acting in furtherance of their common intention, every person of that group shall deemed to have committed gang rape under the definition of this sub-section ANALYSIS OF LAWS BEFORE THECRIMINAL LAW AMENDMENT, 2013: Rape laws have walked through several changes before attaining the present condition through various criminal law Amendment of 2013. This amendment or a change was brought at the national anger against the cruel rape of a physiotherapist student in Delhi. Rape is defined in Section 375 of the Indian Penal Code. In general sense rape is a sexual intercourse with a women without her consent by force or fear. In the year 1983 Section 375 has also gone through amendment, which had changed the definition of rape and also made changes in the punishments of the rape mentioned under Section 376. This was made through the Criminal Law (Amendment) Act of 1983. The amendment of 1983 brought due to the criticism of the judgment of “Tukaram v State of Maharashtra” i.e;Mathura Gang Rape Case3. The ratifications of the case were seen in the amendments that were brought about in the IPC and the Indian Evidence Act. Section 376 A to D is new in the IPC and section 114A was added as an introduction in the Indian Evidence Act. For analyzing the laws of the Amendment act 2013, it is important to know how thee rape and its punishment is defined at former. Before the amendment act 2013, rape involves nonconsensual sexual intercourse between man and woman. There are the six essential elements that defines rape. The first condition necessary for the commission of the rape to be the sexual intercourse between a man and a woman. It was strongly believed that the rape can be committed only if the sexual intercourse had taken place without the consent of the victim, but this is not always he case, rape can be committed even after the consent has been obtained if the women is below the age of sixteen years. On a closing part at which the situation necessarily required for the commission of rape, majorly divided into three parts. The starting two clauses deals with sexual intercourse with a woman ‘against her will’ and‘without her consent’. This means that the women is passively capable of giving consent or not. The rest two clauses again deals with, the consent given by women woman in fear by putting her family members into threat or the consent obtained through misconception. The last two situation deal with the situation consensual sextakes place with theunderage woman. RAPE LAWS AFTER THE AMENDMENT OF 2013: Lok Sabha on19th March 2013, and Rajya Sabha on21st March 2013,the Criminal Law Amendment Act was passed and also provides for the amendment of Indian Penal Code, Indian Evidence Act, and Code of Criminal Procedure, 1973 on laws related to sexual offences. The Bill received President’s assent on 2nd April 2013.Widespread protest of the society forced the legislature to change the prevalent rape laws. The basic aim was to formerly implementing the cruel punishment of the rape rather than broadening the definition of the rape. Late Justice J.S.Verma, GopalSubramaniam and Ex-Justice Leila Seth comprised with the famous ‘Justice Verma Committee’ which was made to accumulate suggestions and make recommendations for the legislature to make a law to combat rape and other crimes against women. A law is only as good as the systems and individuals that implement them. Thinkingand attitudes of the society need to be changed so that women can be treated equally and can truly be respected without any discrimination and what are their value in society.”4 The offence of rape hasnow been amended and got a huge ambit which is enough to include all kind of penetration in any part of the body of a girl. The fact that the new suggestions added that any penetration would be considered as rape was the most capable tool in widening the domain of the term rape which was demanded on the grounds of suggestions of the fifth law commission report. Registering complaints and medical examination are also the part of this recommendation. The report surely mentioned, “Any officer, who do not register a case of rape complained or reported to him, or attempts to avoid its investigation, commits an offence which shall be punishable as prescribed5”. CRITICAL COMPARISON OF THE TWO LEGISLATIONS: As the view of the societal view changes time to time the law also changes frequently with the advent of new technologies. But it will be fair only when the matter which is regulating the law andthe prevailing in the society changes timely. The chief rape and sexual assault cases, for example the ‘Shopian Rape Case, the ArunaShanbaug Case, Nirbhaya Rape Case, Priya Patel6, the Mathura Rape Case, etc. all the above cases had an effect for functioning the rape laws and also for their interpretations as well as reformations and their changes. Rape was included in the Indian Penal Code, 1860 in its original form since 1924. On occasions of rape the evidences related to consent is on the basis of the past conduct of the woman. In the previouscases prostitutes are also get raped but their rights are not secured as a victims and always create a chaos in the mind of the judiciary. The only reason to include this 4“UN Women welcomes India’s Criminal Law (Amendment) Act as a deterrent to violence against women” available at http://www.unwomensouthasia.org/2013/un-women as-a-deterrent-to-violence-against-women; accessed on 13.06.2018 5Report of the Committee on Amendments to Criminal Law Pg416 . last accessed 03 July 2018 6Priya Patel v. Stateof Madhya Pradesh, AIR 2006 SC 2639 amendment was to prevent the breach of privacy of victim’s life by preventing it to be included as a piece of evidence in court. Last but not the least and very essentially, Sexual Harassment at Work Place Act, 2013 has also introduced with addition to the IPC and the modern definition has been provided for the rape. REASONS FOR THEENACTMENT: The brutal gang rape and the consequent death of the physiotherapy student in New Delhi was the reason of the origin of the Criminal Law Amendment Act, 2013 that came to amend the already existing laws related to the sexual offences in the country. The act has mainly implemented the IPC, Codeof Criminal Procedure and the Indian Evidence Act. THE DELHI RAPE CASE: 2012: This incident has generated widespread protest not only in India but also in Abroad. The government of India somewhere failed to provide the protection and security to the women of the country. And the protest was taking place all over the country byforming the Candle March or various types of criticism. SUGGESSTIONS OR RECOMMENDATIONS: After researching on the MathuraGang Rape Case the loopholes which should have to be taken into consideration while declaring the judgment are given below: · That the acquittal granted to both the appellant by the Supreme Court on the ground that there is no injury on the body of a minor girl that is why the offence was not amount to rapebut will be considered as consensual intercourse. For taking the opinion against this judgment, that if the girl do not have any injury on her body, it is not the valid ground of proving that the offence was not of rape but of consensual intercourse. · This is also considered as the invalid ground that the girl has not raised any alarm for help, so there might be the consensual intercourse between police officers or a girl. In the contrary statement, might the girl was unable to raise the alarm or to make a call for help, that is why the acquittal given to the accused on this ground was also not correct. · In the judgment by the Session Court the consent of a minor was also not considered as the invalid consent. Consent plays an important role in the act of sexual intercourse with a girl whether she is minor or major, if the consent is not there for intercourse how it can be considered as the consensual intercourse. Therefore, the consent is must. · The major loophole is that the Criminal Law Amendments shall provide for the harsher punishment to the accused of this offence. · Judiciary should take a corrective measure for minor or major as soon as possible for the same offences. So, for improving the status of women as well as of judiciary in the society Criminal Law Amendment should be furnished timely, and new provisions should get implemented into the act. Rigorous punishment for life shall be awarded to the offender. Even if the juvenile is also committing the offence of rape, he shall also be punished with the rigorous punishment. The concept of reformation home for the offence of rape shall not be considered for juveniles and they shall also be punished with the same. CONCLUSION: To conclude the Mathura gang rape case in which both the victims were obtained from the appellate court with a comparison between the legislations of 2013 and pre-2013 is discussed above. Amendments in rape cases are always done with a different aspect or definition of the crime. The Mathura gang rape case was one of the pre-independence pre-independence rape cases that drew much criticism in their hands, which eventually resulted in the development of criminal law amendments. 1998 was a year of various changes in laws relating to rape in the form of guidelines from the Visakha gang rape case, which is sexual harassment at the workplace; Rape laws before 2013. And then in the year 2013 there was a major change in the rape laws which not only changed the rape laws but also changed the definition of rape and expanded its scope from criminal law through the Delhi gang rape case. The Amendment Act in the year 2013 has been drastically amended. The 2013 Act should be seen as an important place holder in the fight against sexual harassment and gender violence in the country. The most terrifying approach is to serve the prevailing approach to rape and sex crimes in the population, apparently in combating moral "delusions", as economic change requires far-reaching changes in gender roles, while social attitudes tend to lead to moral conservatism and Live drenched in mischief. There are various laws prescribing deterrent punishment for crimes against women. What is really needed of a concrete law, however, was partially achieved through the passage of the Criminal Law (Amendment) Act, 2013; Sensitivity, understanding and more importantly, the police, to enforce the mindset among the officers to enforce the laws more in spirit than letter. Only then can preventive punishment be given in crimes against women. On 15 march 2014, in the Delhi Gang Rape Case Death sentence upheld by the High court of Delhi. Fell into the rarest of rare category.
- SUITS OF A CIVIL NATURE
Suits of a Civil Nature www.lawtool.net Suit of a Civil Nature: Civil Suits are divided into: i) Suits of a civil nature and ii) Suits not of a civil nature. The Civil courts have jurisdiction to try suits of a civil nature. They have no jurisdiction to try suits not of a Civil-nature. This principle is laid down in Sn.9 of C.RC. It says that the Civil Courts have jurisdiction to try all suits of a civil nature excepting those that are expressly or impliedly barred. The C.P.C. 1976 has added two explanations. i) A suit in which the right to property or to an office is contested, is a suit of a civil nature, even Though such a right is connected with a religious right or with religious ceremony, ii) It is immaterial whether or not any fees had been attached to an office or such an office was attached to a particular place or not, E.g.: i) Suits of Civil nature: Matters relating to Easement, Adoption, Marriage, title to property, to run a customary bull race, right to burial. ii) Suits not of a civil nature: Suit for claiming dakshina for worship at a temple by the pujari (worshipper), political questions etc. Suits expressly barred: Remedy of a workman Against termination order, is barred as the remedy is in the Industrial Disputes Act. Suits dealing with Act of State & public policy are barred. The cardinal rule is therefore that the Civil Courts can entertain only suits of a civil nature. But, vexed problems do come before the courts with mixed rights civil & religious. The courts are guided by certain procedural principles in such circumstances. i) If the main question or the only question is in respect of caste or religious right or ceremonies it is not of a civil nature but, if the religious right is only a subsidiary question, then it is of a civil nature. Further, if The main question cannot be decided without deciding the religious or caste question then, the matter is of a civil nature and the courts have jurisdiction. Expulsion from caste (Excommunication). This will Deprive a person of his legal right which forms part of his status. Hence, suit will lie. However, excluding a member from invitation to caste dinners or ceremonies will deprive him a social privilege, and hence no civil suit can be filed. Similarly a) No civil suit can be filed to compel a Pujari to adorn an idol at a certain season. b) Suit in respect of a mere dignity attached to an office is not of the civil nature. The suit of a swamiji, that he should be carried on the high road in a palanquin is Not a suit of a civil nature as it is .only a religious honour. ii) If the main question is a civil or a legal right, it is a civil nature. Therefore, a right to an office is a suit of a civil nature. Office may be secular or religious. A religious office may be of two kinds: a) Those offices to which fees are attached as of right. E.g. Khaji, Aya of a Mutt, Joshi of a village, or pujari of a temple, Upadayaya of a Caste. b) Those offices to which no fees is attached. Hence, the officer may be receiving an ex gratia. No civil suit can be filed to recover ex gratia amounts .The Bombay High Court had maintained a distinction between (1) an offices attached to a sacred place (2) office not so attached. It allowed cases under (1) and not under (2) To override this new C.P.C. provides that whether any fees is attached or not and whether the office is attached to any religious place or not, it is a suit of a civil nature. iii) Interference with temple properties. E.g.: Removing the name or other religious mark is of civil nature. Right to worship at a certain place is of a civil nature. Right of burial is a civil right. Carrying religious procession on the Highway is a civil right. Hence, a civil suit may be filed. iv) Examples: 1. Right of an elected person to act as such 2. Right to vote or stand for election 3. Suit for dissolution of marriage 4. Right of a club or Association member to continue as member 5. Suit for rent contribution, mesne profits, etc.
- EASEMENT
EASEMENT The Indian Easements Act, 1882 www.lawtool.net Easement defined: S.4 of Easement Act defines an Easement. An Easement is a right which the owner or occupier of certain land possesses for the beneficial enjoyment of that land, to do or to continue to do something, or to prevent or to continue to prevent something being done in or upon or in respect of certain other land not his own Land includes those things that are permanently attached. Beneficial enjoyment includes any convenience or advantage or any amenity. The owner or occupier is the dominant owner and his land is the dominant heritage. The land on which the liability is imposed is called a servient heritage or tenament and the owner of that, is the servient owner. Eg.: 'A' the owner of the house has a right of way over B's land. This is for the beneficial enjoyment of As house. This is an Easement. A is the owner of a house. He has a right of way over B's land to bring water from a stream. This is an easement.Eg.: a) Right of way. b) Right to nail fruit trees on neighbour's land. c) Right to discharge rain water by an eave. d) Right to bury the dead in a particular place. Essential features: i) Appertenance: An easement is a right which the owner or occupier of land possesses as such. Hence, the easement is always annexed to the dominant tenement. ii) Right in re aliena: An easement is a right over the servient tenement. There is no easement over one's own land. iii) Beneficial to dorninent owner: Gale, a jurist points out that one of the essentials of an easements is that it should conduce to the beneficial enjoyment of the dominant tenement.Further, Profits a Prendre, i.e., profits arising out of the soil of the dominent tenement, are also easements if annexed to the property. Easements Classified: Easements are classified by the Easement Act as follows: Continuous or discontinuous Apparent & non apparent easements Continuous easement: It is one whose enjoyment is or may be, continual without the act of man e.g. A drainage from one land to another, A water channel from As land to B;A's right to receive light & an by windows without obstruction by his neighbour. A discontinuous easement is one that needs the act of man for its enjoyment. A right of way annexed to A's house over B's land; Right of Refrains; Right to use staircase; Right to go to open yard, and, get water from a well. An apparent easement is one the existence of which is shown by some permanent sign. This would be visible on careful examination. e.g. 1) There is a drain from A's land to B's land and from there it is led to open yard. This is apparent only by inspection. 2) Artificial water-courses or openings for taking water. Non apparent easement is one which has no permanent sign & hence not visible foi inspection.A's right annexed to A's house, to prevent B from building on his own land. This is non apparent. Profits a prendre: According to the Easements Act the right to "Profits a Prendre" is part of the definition of Easement, e.g. Right to take earth from another persons land, for making eartherware is a profit a prendre. This is the "benefit made out of land" of the other person.Right of a person to raise paddy seedlings on B's land, & after wards transplantingon his own land, was held a "profit a prendre".Right to fishery; Right to take fruits of trees during seasons eg. tamarind, mangoes etc. are examples.The right is exercised on the "land appertenant", to the dominant tenement.Hence, there should be dominant & servient heritages; it is dominant owner, who exercises this right of profit a prendre over the servient heritage.It is the right to do "something", on the land of the servient tenement for the more beneficial enjoyment of the dominant heritage, by the dominant owner.
- Legal Language :- The unity in Diversity
Unity in Diversity www.lawtool.net There is much linguistic diversification in India. People show much love and affection in their mother tongue. This diversification may lead to threatening the Integrity of the country. Hence several provisions have been incorporated into the Indian constitution to balance linguistic majorities and minorities. Precautions have been taken to protect linguistic minorities. The aim of our constitution is unity in diversity. It is to enrich the unity by making it assimilate the diversities. It is not to encourage fissiparous tendencies. The advocates work in villages, towns, cities, etc. The clients communicate their difficulties in the regional language. Advocates should hear it in the regional language and translate it into pleading and arguments in English. The clients do not know what happens in the courts due to no acquaintance with English. They ask their advocates some of the advocates tell the proceeding concisely manner. The majority of the advocates do not tell the proceeding in a concise manner. The majority of an advocate does not tell the proceedings to their clients. The Law Commission andBar Council of India noticed it. Hence they proposed to introduce regional language as one subject to be taught in the legal curriculum. According to the recommendations, One paper/subject under name of legal language and legal writing has been compulsorily introduced with effect from the 1998-99 academic year. Legal terms in English and regional language, translation of passages, etc. are added to this subject. The student has to translate one passage from the English regional language and vice versa. The object of introducing legal language and legal writing is to enable the student with acquainted vocabulary, legal terms, maxims identification of case law, translation, etc. This will certainly prove profitable to students in their careers, We have, given certain passages in English, We advise you to practice translating from English to your vernacular language. All the Indian languages possess certain similar characteristics. Even certain words are also found similar. The reason is the effect of Sanskrit on all the Inda languages. Language Diversification India never had a common language, which can be understood by masse and common people. Up to the Muslim invasion. Sanskrit was used as a common medium. However, it was restricted to only Learned and Brahmins. During the Muslim region, the importance of Sanstritwas decreased, and Urdu developed considerably as a common language Even in that period also Urdu could not approach the common people since the beginning of the seventeenth century. Britishers introduced English in education, administration, and courts. English is not recognized as an Official language by the framers of the Indian constitution. Even though, English has been playing a dominant role in entire India in education and administration. Courts, etc., However, English is restricted to educated people only. The majority of the Indians are illiterate or even the literate do not understand English well.
- Online Enrollment:- Bar Council of Maharashtra and Goa step by step .
Online Enrollment:- Bar Council of Maharashtra and Goa step by step www.lawtool.net One can either apply for enrollment in the Bar Council of Maharashtra and Goa online, through their official website – http://www.barcouncilmahgoa.org or submit a form physically at the office of the Bar Council at Enrollment Department, 2nd Floor, High Court Extension Building (Behind HSBC Bank, M G Road), Fort, Mumbai – 400032. Interestingly, there are certain differences in the fees and procedures involved in the online submission and physical submission of the form. Online Enrollment through the official website of Bar Council of Maharashtra and Goa to know how to fill online enrollment form. step by step. 1)First of all, you will go to the official website of Bar Council of Maharashtra and Goa, you will see the page here, you have to click on Enrollment. ( official website – http://www.barcouncilmahgoa.org,) 2) In the second step you will see BCMG ENROLLMENT APPs 3) In the third step, go to your profile and click on Sign Up from your email id. 4) In the fourth step, you have to log in, a page like this will open in front of you.and click on the BCMG apps icon in front of you 5) Fifth Step. Click on the Add or update the enrollment application on the page which will open in front of you. 6)Sixth Step. Click on the Upload document of the page which will open in front of you. 7)Seventh step. Click on the uploads photo and signature of the page which will open in front of you. 8) Eighth step. Click on the Status of your application of the page which will open in front of you. 9) Ninth step. Click on the make a payment of the page which will open in front of you. 10) Tenth step. Click on the view payment made. of the page which will open in front of you. 11) Eleventh step. Click on the Download Document Formats of the page which will open in front of you. 12) Twelveth step take note that the application form should be printed on ledger paper (legal size)
- The Process For Enrollment In The Bar Council Of Maharashtra and Goa (Bar Council)
The process for enrollment in the Bar Council of Maharashtra and Goa (Bar Council) is as follows: www.lawtool.net First, buy the application form from your State Bar Council. It is green in color and costs INR 500. It is available on the court. You can request your court clerk to get it for you. second Tips to fill the form: If the address (both permanent and domicile) is outside Maharashtra, then the admin clerk will not accept your application. They do not accept abbreviations, all initials must be supported by full names. (When you get your ID, the first thing you notice is how your father's name is printed on your front, apparently this is common local practice in the state). Fill the form in capital letters. Documents to be submitted while submitting the filled form: (a) Age proof, (b) Maharashtra address proof, (c) copies of marks cards of all 6 / 10 / 15 semesters of law school, (d) copies of your provisional/actual law degree, (e) affidavit stating particulars, and (f) your filled form(you need to get 2 photocopies of all documents mentioned above and they have to be self-attested). Drafting the affidavit: The affidavit must state particulars, mainly your name, residence, graduating college, that you have no criminal record against you and that if it happens, you’ll resign from the bar council, and other particulars. The application form will guide you. Payment structure: INR 15000 (14500 for SC/ST) and INR 150 (25 for SC/ST). (Note: the Bar Council is going to increase the fees to INR 15000 effective January 2020). Submit the application form with the documents: Ask the person by when the next meeting is scheduled to be held. The Bar Council approves the forms in bulk on a given day (usually the end of the month). What you receive through courier: It might take anywhere between 7 to 30 days for you to receive a package which includes your Bar Council certificate, and your Bar Council ID. Eligibility criteria for issuance of Enrollment Certificate Nationality: The candidate must be an Indian citizen Academic qualification: Must have passed a law degree (either 3-year LLB or 5-year LLB degree) Age limit: There is no upper age limit for State Bar Council enrollment
- British Constitution:- Historical & Political Background
Historical & Political background of the British Constitution. Comparative politics www.lawtool.net Question 1: Briefly explain the historical background and political traditions of the British Constitution. Answer: Historical Background and Political Traditions of the British Constitution: The British Constitution is a developed constitution. Instead of its entire form being fixed at a particular time, it has attained its present form after fourteen hundred years of development and is still in development. There has never been a revolution in England that can be equated with the French Revolution of 1789 or the Soviet Revolution of 1917. Therefore, without taking a look at the constitutional development, the present constitution and the system of governance cannot be understood properly. From the point of view of constitutional development, the history of the British Constitution can be divided into the following eras. (1) Anglo-Saxon period - from the fifth century to 1066 AD. to 1153. (2) Norman-Angevian Period (Norman-Angevian Period) 1066 AD. until . (3) Plantagenet (1153-1399) and Lancastrian Period (Plantagenet and lanecastrian Period) - 1399 AD. to 1485. (4) Tudor period 1485 AD. From . up to 1603. (5) Stuart Period - (Stuart Period) - 1603 AD. From . Until 1714. (6) Hanover Period - 1714 AD. From . Beginning. (1) Anglo-Saxon period Establishment of limited monarchy (from the fifth century to 1066 AD) - The development of British political institutions certainly begins with the Anglo-Saxon period. "England was ruled by the Keldons till 54 AD. In 54 AD, the Roman Empire was established there, which lasted for more than 450 years. But there was no constitutional development of England during this period. On the constitutional development of Britain The system of governance established in the Anglo-Saxon period had its effect. Two of the main institutions established during this period are controlled royalty and the system of local self-government. Under the Saxon period in England, first small states of 7 tribes were well established. Whose names were East Anglia, Mercia, Northumberland, Kent, Sussex, Essex and Wessex. In the ninth century, Alfred the Great (849 AD 901 AD) established a vast kingdom by combining these seven kingdoms and since then England The monarchy arose . The powers of the Anglo-Saxon king were not unlimited and were controlled by Witenagamot or Witen. Apart from this, his powers depended to a great extent on his personality, intelligence and strength. Britain was presided over by the king himself and he appointed its members. Generally it included influential feudal lords, chieftains and bishops, etc. The Viton was such an advisory body of the king, whose functions were not fixed, it advised the king in relation to law making, administrative matters and treaties and sat with the king as the Supreme Court. Generally, the Saxon kings gave due importance to the advice of Witten and did not act in an autocratic manner. The second contribution of the Anglo-Saxon period to constitutional development is the system of local self-government. Even in this ancient stage, the local units had an important place in the administration. The three units of local government during this period were the Township, the Hundred and the Shire. Since that time the practice of local self-government has been going on in Britain and it has contributed appreciably to the success of British democracy. (1) Establishment of limited monarchy in the Anglo-Saxon period (from the fifth century to 1066 AD) (2) Norman-Angevin period: rise of state autocracy and strong central government (1066 AD to 1153 AD) (i) Magnum Consilium and Curia Regis (3) Plantagenet (1153–1399) and Lancastrian (1399–1445) periods (i) The rise of the theory of representation' (ii) Magna Carta or Greater Rights (iii) Rise of Parliament (4) Tudor period: Establishment of rigid monarchy again ( 1485 AD to 1603 AD ) (5) Struggle between the parties of Stuart period autocratic monarchy and limited monarchy and establishment of the foundation of democracy (from 1603 AD to 1714 AD) (i) Establishment of the Republic (ii) Re-establishment of monarchy (iii) Glorious Revolution (iv) Charter of Rights, 1689: (v) Succession Act of 1701 (6) Hannover Period: Development of Parliamentary Democracy (starting from 1714 AD) (i) Decline of the real powers of the emperor (ii) Development of ministerial system (2) Norman-Angevin period: the rise of state autocracy and strong central government (1066 AD to 1953 AD) - 1066 AD. Till the Anglo-Saxon race dominated Britain, but this year the Norman country's Villier of Normandy successfully attacked Britain and established the Norman state. The governance system of the Anglo-Saxon period was organized on a local basis, but weak on a national basis. The work of establishing a rigid and centralized government was done by the Norman king William. The Saxon monarchy was weak, William decided to strengthen the position of the king and adopted many measures for this. He snatched the princely states of the Saxon feudatories and divided them among his trusted Norman chieftains and placed a condition on these feudal lords that they would provide financial and military assistance to the king. Thus he weakened the powers of the feudatories. He also made himself the head of the church and himself got the right to appoint bishops. The Norman king also created unity in the field of law and established central control over local institutions by arranging the post of sheriff appointed by the king in the shire. (i) The Magnum Consulium and the Curia Regis William had abolished the Wittnezmat as an obstacle in the way of autocracy, but the king's jurisdiction and functions increased so much that the need for advisory committees was felt. Therefore, to assist the king in policy making and governance, two institutions - Magnum Consulium or Great Council and Curia Regis or Raj Council arose. Magnum Kausilium was the substitute of Vinesmot' and it used to meet three or four times a year to assist and advise the king on matters relating to policy-making. It was a large institution and its sessions were short-lived, so the daily administration works were performed by the 'Raj Parishad', which There was a relatively small institution, the chamberlain, the chancellor, the guards and guards of the inner city, etc. were the kings. For this reason the Curia Rejus was a relatively more influential institution. The cabinet evolved from the 'curia regis' to the 'privy council' and from the 'privy closest person's council'. In the words of Monroe, “In the very early form we can see the modern • Parliament in the Maisonum Consulium and the modern Cabinet in the Curia Regis. , (3) Plantagenet (1153–1399) and Lancastrian (1399–1445) Periods: Rise of Legal Institutions – The governance established in the Norman period was reformed by Henry I. The 'Qu' Reia Regis' in its original form was concerned with both administrative and judicial subjects and there was no division of its scope. After some time, in order to achieve the goal of speedy and efficiency in the work of governance, the justice and administration-related functions of the Curia Regis were divided and its membership was separated. A part of its members remained in the form of 'Rajya Sabha' as before and it was later named 'Privy Council'. The second part remained confined to judicial functions only and thus became the 'exchequer' and father of the High Courts of Justice. (i) Origin of the Theory of Representation - While entering the Plantagenet period, the work of the Magnum Concilium remained confined to the making of the law. Earlier, only the people of the royal family and the feudal lords of the high order were its members, but gradually its member number increased and people of lower classes also started coming in it. In 1213, for one reason its membership increased greatly. Emperor John had to collect a lot of money from the public in the form of taxes and he realized that this task could be accomplished well with the cooperation of the knights. So bound by circumstances, he ordered the sheriffs to send four noble knights from each county to the magnum council. Although King John's intention in inviting representative knights from different counties to the council was not to recognize the principle of representation, it had far-reaching consequences. Thus John inadvertently gave birth to the principle of 'No Taxation without Representaion'. Later it became a valid principle that taxes should be levied only after the approval of the representatives of the people. Thus the principle of representation was adopted in the 13th century, but these representatives lived completely under the orders of the king and the king's eyes were also on the representatives. Therefore, electing a representative was not considered a matter of honour, but representatives had to be sent to the council by force. (ii) Magna Carta - John ascended the throne of England in 1199. this | He was an incompetent, short-sighted and tyrannical ruler. The feudal lords, unhappy with his atrocities, revolted against him and forced him to sign a charter on June 15, 1215, at a place called Ranymede. This charter is known as 'Magna Carta' or 'Great Charter' and is considered a great frontier in the legal history of Britain. In the words of a priest named William Stubbs, 'The history of the Constitution of England is the interpretation of this great charter. Instead of giving rise to any new rights, Magna Carta recognized the traditional rights of the commoners, which were dissolved by Emperor John. The main provisions of Magna Carta are as follows: (1) The king should impose tax on the feudatories only on the consent of the great council. (2) No citizen shall be imprisoned or deported until his guilt is proved. (3) The punishment of a person should be according to his condition and the extent of the offence, the punishment should not be arbitrary. (4) The 'Court of Common Plea' should work only at a fixed place, do not visit with the king. (5) The king should not interfere in the organization of the church and the appointment of its officers. (6) Influential feudatories and office bearers should be called to the meeting of the 'Great Council'. (7) The free movement of foreign merchants in England should be banned only during war time, they should not be banned in normal times. (8) The same scales of weighing should be used in all the states. Although the Magna Carta was mainly concerned with the commoners and the clergy, it also provided the general public the freedom not to be imprisoned without due process. Apart from this, the rights which Magna Carta had given to the feudal class, they gradually became available to the common people also. Thus Magna Carta became the fundamental basis of the freedom and rights of the common people. The importance of this charter is that it ended the autocracy of the king and established a limited monarchy and the rule of law. Thompson and Johnson, while analyzing its importance, wrote that "Magna Carta is in fact the cornerstone of the British Constitution, because it propounded the principle that the king is not above the law, but above the law." "It was from here that the king's autocracy ended and the limited rule began. (iii) Rise of Parliament - After Magna Carta, Parliament emerged from the Platouganet period. 1254 AD In AD, Emperor Henry III invited two barbers from each county to attend the Parliament's meeting. No agreement could be reached between the emperor and the feudatories regarding the proposed taxes, as a result of which both armed struggle started. In this struggle, the chief of the feudal lords, Simon de Montford, was victorious and he became the dictator of the country. 1262 AD In AD Mantford called a meeting of Parliament to which he called all the Earl, Bishop, Baron and Reign Knight representatives in addition to representatives of the towns with which he had friendly relations. This was done by him only to get the support of more and more people to levy taxes. When the dictatorship of Simon de Montford came to an end, the practice of calling representatives of the towns also ended, and for the next 30 years the British Parliament continued to meet without them. Rise of Parliament 1295 AD It is believed to date from when Emperor Edward I convened a meeting of Parliament. This meeting of the Parliament is called the Model Parliament. The members of the Parliament convened by Edward I were from three classes - the common class, the clergy and the representatives of the cities or the commons. If the practice of the three houses had become permanent, the British Parliament would have been trinitarian in form, but incidentally there were two members of the Parliament. It was the same house. The people of the feudal class and the high clergy got together, because both had common economic and social interests and both obtained membership of the parliament on the basis of their high status and not on the basis of election. Similarly, the interests of the representatives of the towns and the 'Knight', the representative of the governments, were to some extent similar and the membership of the two was based on election, so these two classes got together. The group of feudal lords and high clergy was called Lok Sabha and the group of representatives of cities and knights was named Lok Sadan (House of Commons). In this way a bicameral legislature developed in Britain, which was adopted by the whole world in the later years. After the Plantagenet period, the Lancastrian period (1399–1485) began, in which some very important changes took place from the constitutional point of view. The major changes are as follows: (1) Henry IV selected some of his counselors in the 'Curia Regis' and named the institution of these counselors as 'Privy Council'. Thus arose the Privy Council, which later gave birth to the Cabinet. (2) 1401 AD. The Lok Sabha demanded that before imposing new taxes, the king should listen to the grievances of the people and try to redress them. This demand later became a tradition. (3) In 1407, the Lok Sabha itself took away the right to introduce the Finance Bill. Later on, this right of Lok Sabha became valid for all the parties. (4) Tudor period: Establishment of rigid monarchy again (1485 AD to 1603 AD) - 1341 AD. After that, there was a civil war and unrest in Britain for 30–3 years. The war between the Lancaster and York clans continued, which is famous as the 'War of Roses', finally in 1485 AD. In AD Henry Tudor of the Lancaster dynasty defeated his Yorkist rival and ascended the throne as Henry VII. From this time the reign of the Tudor dynasty began, in 1603 AD. continued till During the reign of this dynasty, the power of the feudatories and parliament was weakened and again a rigid monarchy was established. The people were fed up with the long civil war, unrest and plunder of the feudal lords and they themselves wanted that the emperor should establish peace and order by establishing control over the feudal lords. The Tudor emperors were very powerful and capable, they controlled the feudal lords and ruled like autocratic rulers, but keeping in view the interest of the people. The Tudor emperors had amassed a lot of money, so they did not need to convene a parliament, and the parliament became less important. Apart from establishing peace and order, another important thing of this period was that the royal power was freed from the control of the Pope. (5) Stuart period : Struggle in favor of absolute monarchy and limited monarchy and establishment of the basis of democracy (from 1603 AD to 1714 AD) - Queen Elizabeth after her death in 1603 AD due to no son or close relatives . The throne of England fell in the hands of King James I of Scotland. In the time of James I, the conflict between the Emperor and the Parliament had started, but James I, acting cleverly, did not allow the Parliament to become more agitated. 1625 AD after the death of James I. In this his son Charles I ascended the throne. He started neglecting and arbitrariness of Parliament and started emphasizing on the divine rights and privileges of the king. In such a situation he quarreled with the Parliament and in 1628 AD. The Parliament was successful in getting the 'Petition of Rights' from Charles I, which imposed the following restrictions on the powers of the king: (1) The king cannot levy any tax without the approval of the Parliament. (2) The king cannot collect any tax without the prior approval of the Parliament. (3) A person cannot be imprisoned without giving any definite reason. (4) The king cannot impose martial law during peace time. Under the pressure of Parliament, Charles I gave his approval to the 'Letter of Rights', but did not keep his promise. When Parliament opposed this, the emperor dissolved the parliament and ruled without a parliament for 11 years. Parliamentary leaders opposed this autocracy of the emperor and on both sides from 1642 to 1645 AD. until civil war. walked . Parliamentary leaders were victorious in this civil war and Emperor Charles was prosecuted in 1646. He was given the death sentence. (i) Establishment of the Republic in 1649 AD. In England, a republic was established under the chairmanship of Cromwell by ending the monarchy and the Lord's Assembly. A written constitution of England was also adopted at this time. September 3, 1648 AD. Cromwell died. (ii) Again the establishment of the monarchy, the republic and the written constitution were not according to the nature of the British residents, so they ended with the death of Cromwell. 1660 AD In 1685 AD, Charles II, the son of Charles I, was placed on the throne. reigned till The Privy Council had now become a large institution, so Charles II appointed it in 1667 AD. started consulting a committee of some important persons, which came to be known as 'CABAL'. It was after this that the cabinet emerged. During the reign of Charles II, the Habeas Corpus Act was also passed in 1679, which provided that no person could be placed under house arrest without trial. (iii) Glorious Revolution - 1685 AD. After the death of Charles II, his brother James II ascended the throne, who ruled for only three years. He assumed the right to repeal laws without the permission of the Parliament. This greatly displeased the Parliamentarians and invited Prince William III of Orange to attack England in order to remove James II from the throne. William III attacked England with a huge army. When James II saw that all sides had abandoned him, he fled to France. In this way the desired change happened without any bloodshed. This is known as the Glorious Revolution of England. (iv) Bill of Rights, 1689 - After the glorious revolution, William and Mary were made joint rulers of Britain. On this occasion, the Parliament was successful in getting the authorization letter from the Emperor, which contained the following points: (i) The king cannot levy any tax without the prior approval of the Parliament. (ii) The king must call a meeting of the Parliament at least once. (iii) The king cannot maintain an army without the prior approval of the Parliament. (iv) The king cannot establish a new court like High Commissioner for his selfishness. (v) The representatives of the people in the Parliament will have freedom of speech. While highlighting the importance of this charter, Munro wrote, "It declared the statutory sovereignty of the Parliament." Although in general this charter was not a constitution, but as Prof. Adams has said, "British There was something closest to a written constitution in history. , ( v ) Act of Settlement of 1701 - William and Mary were childless , et . In 1701 the Succession Act was passed, deciding that the kingdom of England would go to Princess Sophia of Hanover (great-granddaughter of James I) or her heir upon the death of Queen Ann (Mary). By this act, the judges were provided with the security of the office of virtue and it was also ensured that the king could neither go abroad nor declare war without the approval of the Parliament. (6) Hannover period: Development of parliamentary democracy (starting from 1714 AD) - the supremacy of Parliament over the monarchy was established from the Charter of 1689; On the death of Empress Ann in 1714, George I of Hanover became Emperor of Britain according to the 'Act of Succession'. It was from here that the development of federal democracy began, which attained its perfection by the first half of the twentieth century. The development of parliamentary democracy took place in these phases: ( i ) Decline of the real powers of the Emperor - The supremacy of Parliament over the throne had been established by the Charter of 1689 , but the king had enough in the appointment and removal of ministers until the Hanover dynasty ascended the throne . The hand was there. From the Hanover period, this authority of the king declined and these rights reached the hands of the Parliament. "The rights were revived to some degree during the reign of George III, but it proved to be temporary and from the time of William Constitutional IV, the king's rights were gradually diminished. By the time of the reign of Victoria, the emperor became a mere ruler. (ii) Development of the cabinet system - Before the Hanover period, the emperor used to preside over the meetings of the cabinet and the cabinet system was not fully developed, but King George I of Hanover was not familiar with the English language and also in the politics of England. He was not interested. So he stopped attending the meetings of the cabinet. In 1721, the Emperor assigned Sir Robert Walpole, the leader of the Hrig Party, the responsibility of presiding over the cabinet, and Walpole became the first Prime Minister of Britain. Gradually other principles of the cabinet system were adopted. Walpole did not resign after being defeated in the House of Lords, but in 1742, when he did not have a majority in the House of the People, even after being a complete confidant of the Emperor, he resigned and established that a person can remain Prime Minister only as long as he is Get the confidence of the majority in the Lok Sabha. Over time, the concept of collective responsibility and other principles of ministerial governance developed. - but still (iii) Democracy of the House of the People Although the Parliament attained supremacy only in the 17th century, it was not powerful enough, as it represented only a very small section of the people. Therefore, there was a movement to widen parliamentary franchise inside and outside the Parliament, which was successful in the nineteenth century. Beginning in this direction by the Reform Act of 1832, the people of the middle class were given the franchise in some limited form for the first time. After this, by the Reform Act of 1867, the right to vote was given to the artisans and the working people of the cities, making the franchise more widespread. After this, by the Reform Act of 1884, agricultural laborers were given the right to vote. Later on by the Act of 1918, women over the age of 30 years were granted the right to vote. Finally, by the 1928 Act, accepting public adult suffrage, men and women 21 years of age or older were granted the right to vote. Thus, on the basis of the Reform Acts of 1832, 1867 and 1884 and the Acts of 1918 and 1928, the Lok Sabha was democratized and this is the main basis of the power of the Lok Sabha. According to the bills passed in 1970, now everyone in Britain who has attained the age of 18 has the right to vote. (iv) The decline of the powers of the Lord's House in comparison to the Lok Sabha - Till the 18th century, the terror of the Lord's House was overshadowed by the Lok Sabha. Lord used to send his nominated members to Lok Sabha, but to achieve the goal of democracy It was necessary to reduce the powers of the House of Lords as compared to the Lok Sabha, because the constitution of the Lord's House was on a hereditary basis, not on the basis of election. The Reform Act of 1832 was passed only against the wishes of the Lord's Assembly and at this time the powers of the Lord's Assembly began to diminish. In the nineteenth century it was established that the Lok Sabha was the ultimate authority in financial matters, but in 1910 the House of Lords broke this convention by rejecting Lloyd George's progressive budget. In such a situation the powers of the House of Lords were reduced by passing a Parliamentary Act in 1911 which was further reduced by the Parliamentary Act of 2949. England has been able to achieve full democracy only by reducing the powers of the House of Lords as compared to the Lok Sabha. (v) Development of party system The functioning of parliamentary democracy is based on political parties and the full development of parliamentary democracy in England has been possible with the help of political parties. In this regard, Dragnich has said, "Until the political parties became strong, the king kept fighting one party with another, but in the end the king could not do anything against a well-organized party with a majority in the Lok Sabha." Of the party system. The rise took place in the Stuart period itself. Charles II had no children and a bill 'Exclusion Bill' was introduced in Parliament to keep Charles II's brother James II out of the throne. On this bill itself, the Parliament split into two parties, Higgs and Tory. The question of difference was resolved soon, but both the parties took the form of conflicting political parties and the bipartisan system was established. By the end of the seventeenth century, the situation was such that if some people formed opposing parties, they were called traitors. Later the situation changed and the opposition party came to be called His Majesty's Loyal Opposition. Later, the post of leader of the opposition party got state recognition. The main feature of this constitutional development of Britain is that it has happened in a steady pace and peaceful manner and the direction of this constitutional development, despite some obstacles and obstacles, was the establishment of democracy from monarchy. ,
- British Constitution :- Constitutional conventions (traditions)
Q1 What is the importance of constitutional conventions (traditions) in the British Constitution? OR Mention the main customs (traditions) of the British Constitution. Answer: Laws play an important role in the governance of a country. In the absence of these, neither the governance system can remain stable nor the social system, the constitution is a compilation of those rules and laws, on the basis of which the government is conducted. Regardless of the state of the world, traditions and customs play an important role in its life and laws are mainly made on the basis of them. In this way, traditions and practices are very helpful in the making and development of the constitution. These rules of political conduct are called constitutional conventions. Meaning of the Convention - Most of the British Constitution is unwritten, so its creation and development is mainly based on conventions. Dicey has termed these as 'Constitutional Practice', while John Stuart Mill calls them 'Recorded Rules' of the Constitution. Anson has used the term 'Constitutional Traditions' for this. Some of the major definitions of convention given by some scholars are as follows: (1) Prof. According to Ogg, "Conventions consist of those conventions, habits or customs, which, yet being mere rules of political morality, regulate much of the day-to-day relations and activities of the largest public authorities." (2) In the words of Dicey - "Conventions of the constitution are those customs or agreements according to which the sovereign legislature should exercise its discretionary rights of the various organs of the legislature, whether they are the prerogative of the society or of the Parliament. privilege . , (3) According to Feiner, “conventions are those rules of political conduct which are established not by statutes, judicial decisions or parliamentary conventions, but separately from them as supplementary to them for the fulfillment of their different purposes. "Characteristics of the Convention - On analyzing the above definitions, the following characteristics of the Convention are revealed - (1) Conventions are not created by Parliament, but are developed by customs. The customs which become permanent on the basis of their usefulness, they assume the form of convention. (2) Conventions do not have legal power behind them, yet they are followed in the same manner as laws. (3) People follow conventions because of their usefulness and the power of public opinion. Difference between convention and law: Following differences are found between convention and law - (1) The basis of conventions is morality. Their observance depends on the will of the individual, yet in practice it is often not possible to violate them. Due to the power of morality, people are bound to follow them. The power of the state lies behind the laws. For violating these, the person is liable to punishment. (2) If a person does not comply with the conventions, then the court cannot be taken against him. Laws have the protection of the court. The person who violates these can take refuge in the court. (3) Laws are written, whereas conventions are unwritten. (4) Laws are made by the legislature by adopting a certain: Convergence is the result of the evolution of traditions. When a tradition proves to be practically useful, it becomes a convention. In spite of the above mentioned differences between laws and conventions, in practice the residents of England follow conventions "The conventions of the Constitution are not laws, but they have power just like laws because of this. According to Dicey, it is found that the person who violates them, in the end breaks the law and is punished for breaking the law. "The main practices of the British Constitution - British Constitution Their practices can be mainly divided into three parts 1) Proceeds relating to the Emperor, 2) the practices relating to the cabinet and 3) Practices relating to Parliament. 1) Practices related to the emperor The practices related to the emperor have transformed the limited monarchy into a constitutional limited monarchy. These practices are as follows- (1) The emperor does not use his powers according to his will but on the advice of the cabinet; (2) The Emperor does not exercise his prerogative over bills passed by Parliament; (3) The Emperor appoints the leader of the majority party in the House of Commons as the Prime Minister; (4) On the resignation of the cabinet, the emperor invites the leader of the opposition party to form the government; (5) The Emperor does not take part in the meetings of the Cabinet nor takes interest in the activities of any political party; (6) The Emperor dissolves the House of Commons only on the advice of the Prime Minister and orders fresh elections. 2) The practices related to the cabinet- The following are the practices related to the cabinet- (1) The institution of the cabinet is based on custom; (2) In 1923, the practice was confirmed that the Prime Minister would be appointed from the Common House. (3) The Cabinet is headed by the Prime Minister; (4) The cabinet works as a unit and all its members are individually and collectively responsible for their actions; (5) The Cabinet is responsible to the House of Commons and not to the House of Lords; (6) On losing the confidence of the Common House, the Prime Minister has to resign his office. 3) Practices related to the House- Parliament also does some of its work on the basis of customs, such as- (1) Parliament must meet once in a year; (2) When the House of Lords functions as the Supreme Court, only the members of the Law take part in it; (3) The Speaker of the House of Commons after his election retires from politics and may continue in office for as long as he pleases; (4) A money bill is introduced only in the Common House; (5) For any bill to be passed in both the houses, it must have three readings; (6) The Prime Minister can get as many members appointed in the Lord's House as he wants.
- International Parameters of Environment
International Parameters of Environment www.lawtool.net The term "Multinationals" is defined as large business Corporations controlled primarily by nationals of the country where their headquarters are situated and their operating activities are spread across many different countries employing tens of thousands of people. According to Economic Cooperation and Development Organisation(OECD), multinational enterprises are usually companies or other entities whose ownership is private, State or mixed establishment in different countries and linked in such a way one or more of them may be able to exercise a significant influence over, the activities of others with a view to share knowledge and resources inter se. The giant multinational Corporations mostly emanated from countries like the USA, UK, France, Federal Republic of Germany, Canada. These Transnational Corporations. The Bhopal Gas tragedy that occurred in India due to leakage of MIC gas by the Union Carbide Corporation Unit has opened the need for screening the activities of multinational corporations in the matters of the environment in and out of India. As held by the Supreme Court in Charan Lal Sahu v. Union of India, a transnational corporation should be made liable and subservient to the loss of our country, and the liability should not be restricted to affiliate company only but the parent corporation should also be made liable for any damage caused to the human beings or ecology. The law must require the transnational corporations agree to pay such damages as may be determined by the statutory agencies and forums constituted under it 'without exposing the victims to long-drawn litigations. are also known as Bhopal Gas Leak Disaster certain guidelines In Charan Lal Sahu v. Union of India, etc. etc., the Apex Court held, inter alia, as follows:- 1. "In the context of our national dimensions of human rights, right to life, liberty, pollution-free air, and water is guaranteed by the Constitution under Articles 21, 48A and 51(g), it is the duty of the State to take effective steps to protect the guaranteed constitutional rights. These rights must be integrated and illumined by the evolving international dimensions and standards, having regard to our sovereignty, as highlighted by Cls. 9 and 13 of U.N. Code of Conduct of translation Corporations. The evolving standards of international obligations need to be respected, maintaining dignity and sovereignty of our people, the State must take effective steps to safeguard the constitutional rights of citizens by enacting laws. The law so made may provide for conditions for granting license transnational Corporations, prescribing norms and standards for running industries on Indian soil ensuring the constitutional rights of our people relating to life, liberty, as well as safety to environment and ecology to enable the people to lead a healthy and clean life. A Transnational Corporation should be made liable and subservient to laws of our country and the liability should not be restricted to affiliate company only but the parent Corporation should also be made liable for any damage caused to the human beings or ecology. The law must require transnational corporations to agree to pay such damages as may be determined by the statutory agencies and forums constituted under it without Jexposing the victims to long drawn litigation." 2."Under the existing civil law, damages are determined by the Civil Courts, after long drawn litigation, which destroys the very purpose of awarding damages. In order to meet the situation, to avoid delay, and to ensure immediate relief to the victims we would suggest that the law made by the Parliament should provide for the constitution of regulated by special procedure for determining tribunals compensation to victims of industrial disaster or accident, appeal against which may lie to this Court on the limited ground of questions of law only after depositing the amount determined by the Tribunal. The law should also provide interim relief to victims during the pendency of proceedings. These steps would minimize the misery and agony of victims of the hazardous enterprise." 3."There is yet another aspect which needs consideration by the Government and the Parliament. Industrial development in our country and the hazards involved therein, pose a mandatory need to constitute a statutory "Industrial Disaster Fund", contributions to which may be made by the Government, the industries whether they are transnational corporations or domestic undertakings, public or private. The extent of contribution may be worked out having regard to the extent of hazardous nature of the enterprise and other allied matters. The Fund should be permanent in nature, so that money is readily available for providing immediate effective relief to the victims. This may avoid delay, as has happened in the instant case in providing effective relief to the vicțims. The Government and the Parliament should therefore take immediate steps for enacting laws, having regard to these suggestions, consistent with the international norms and guidelines contained in the United Nations Code of Conduct on Transnational Corporations.' Stockholm Declaration'the Human Environment The United Nations Conference on the Human Environment having met in Stockholm from 5th to 16th June 1972, and having considered the need for a common outlook and for common principles to inspire and guide the peoples of the world in the preservation and enhancement of the dying human environment, proclaims that: 1. Man is both creator and molder of his environment, which gives him physical sustenance and affords him the opportunity of intellectual, moral, social, and spiritual growth. The long and tortuous evolution of the human race on this planet stage has been reached when, through the rapid acceleration of science and technology, man has acquired the power to transform his environment in countless ways and on an unprecedented scale. Both aspects of man's environment, the natural and the man-made, are essential to his well-being and to the enjoyment of basic human rights even the right to life itself. 2. The protection and improvement of the human environment is a major issue that affects the well-being of people and economic development throughout the world; it is the urgent desire of the peoples of the whole world and the duty of all Governments. 3. Man has constantly to sum up experience and go on discovering, inventing, creating, and advancing. In our time, man's capability to transform his surroundings, if used wisely, can bring to all peoples the benefits of development and the opportunity to enhance the quality of life. Wrongly or heedlessly applied, the same power can do incalculable harm to human beings and the human environment. We see around us growing evidence of man-made harm in many regions of the earth: dangerous levels of pollution in water, air, earth, and living beings; major and undesirable disturbances to' the ecological balance of the biosphere; destruction and depletion of irreplaceable resources; and gross deficiencies harmful to the physical, mental and social health of man, in the man-made environment, particularly in the living and working environment. 4. In developing countries, most environmental problems are caused by under-development. Millions continue to live far below the minimum levels required for a decent human existence, deprived of adequate food and clothing, shelter and education, health, and sanitation. Therefore, the developing countries must direct their efforts to development, bearing in mind their priorities and the need to safeguard and improve the environment. For the same purpose, the industrialized countries should make efforts to reduce the gap 4. and the developing countries. In between industrialized countries, environmental problems are generally related to industrialized and technological development. 5. The natural growth of the population continuously presents problems for the preservation 1of the environment, and adequate policies and measures should be adopted, as appropriate, to face these problems. Of all things in the world, people are the most precious. It is the people that propel social progress, create social wealth, develop science and technology and, through their hard work, continuously transform the human environment, Along with social progress and With the advance of production, science, and technology, the capability of man to improve the environment increases with each passing day. 6. A point has been reached in history when we must shape our actions throughout the world with environmental consequences. Through ignorance or indifference, we can do massive and irrevdrşible harm to the earthly environment on which our life and well-being depend. Conversely, through fuller knowledge and wiser action, we can achieve for ourselves and our posterity a better life in an environment more in keeping with human needs and hopes. There are broad vistas for the enhancement of environmental quality and the creation of a good life. What is needed is an enthusiastic but calm state of mind and intense but orderly work. For the purpose of attaining freedom in the world 'of nature, man must use knowledge to build, in collaboration with nature, a better environment. To defend and improve the human environment for present and future gençrations has become an imperative goal for mankind a goal to be pursued together with and in harmony with, the established and fundamental goals of peace and of worldwide economic and social development. 7. To achieve this environmental goal with demand the acceptance or responsibility by citizens and communities and by enterprises and institutions at every level, all sharing equitably in common efforts. Individuals in all walks of life as well as organizations in many fields, by their values and some of their actions, will shape the world environment of the future. Local and national governments will bear the greatest burden for large-sdale environmental policy and action within their jurisdictions. International co-operation is also needed in order to raise resources to support the developing countries in carrying out their responsibilities in this field. A growing class of environmental problems, because they are regional or global in extent or because they affect the common international realm, will require extensive co-operation among nations and action by international organizations in the common interest. The Conference calls upon Governments and peoples to exert preservation and improvement of the human environment for the benefit of all the people and for their posterity. Principles The United Nations Conference on the Human Environment states the common conviction that: Principle 1 Man has the fundamental right to freedom, equality, and adequate conditions of life, in an environment of a quality that permits a life of dignity and well-being, and he bears a solemn responsibility to protect and improve the environment for present and future generations. In this respect, policies promoting Or perpetuating apartheid, racial segregation, discrimination, colonial and other forms of oppression, and foreign domination stand condemned and must be eliminated. Principle 2 The natural resources of the earth, inclụding the water, ecosystems, must be safeguarded for the benefit of present and future generations through careful planning or management, do appropriate. Principle 3 The capacity of the earth to produce vital renewable resources must be maintained and, wherever practicable, restored. Principle 4 Man has a special responsibility to safeguard and wisely manage the heritage of wildlife and its habitat which are now gravely imperiled by a combination of adverse factors. Nature conservation, including wildlife, must therefore, receive importance in planning for economic development. Principle 5 The non-renewable resources of the earth must be employed in such a way as to guard against the danger of their future exhaustion and to ensure that benefits from such employment are shared by all mankind. dischang substances Principle 6 The discharge of toxic substances or of other substances and the release of heat, in such quantities or concentrations as to exceed the capacity of the environment to render them harmless, must be halted in order to ensure that serious or irreversible damage is not inflicted upon ecosystems. The just struggle of the peoples of all countries against pollution should be supported. Principle 7 States shall take all possible steps to prevent pollution of the seas by substances that are liable to create hazards to human health, to harm living resources and marine life; to damage amenities or to interfere with other legitimate uses of the sea. Principle 8 Economic and social development is essential for ensuring a favourable living and working environment for man and for creating conditions on earth that are necessary for the improvement of the quality of life. Principle 9 Environmental deficiencies generated by the conditions of under-development and natural disasters pose grave problems and can best be remedied by accelerated development through the transfer of substantial quantities of financial and technological assistance as a supplement to the domestic effort of the developing countries and such timely assistance as may be required. Principle 10 For developing countries, stability of prices and adequate earnings for primary commodities and raw materials are essential to environmental management since economic factors, as well as écological prócesses, must be taken into account. Principle 11 The environmental policies of all States should enhance and not adversely affect the present or future' devélopment potential of developing countries, nor should they hamper the attainment of better living conditions for all, and appropriate steps should be taken by States and international organizations with a view to reaching agreement on meeting the possible national and international economic consequences resulting from the application of environmental measures.. Principle 12 Resources should be made available to preserve and improve the environment, taking into particular requirements of developing countries and costs which may emanate from théir incorporating environmental safeguards into their development planning and the need for making available to them, upon their request, additionał -international technical and financial assistance for this purpose. Principle 13 In order to achieve more rational management of resources and thus to improve the environment, States should adopt an integrated and coordinated approach to their development planning so as to ensure that development is compatible with the need to protect and improve the human environment for the benefit of their population. Principle 14 Rational planning constitutes an essential tool for reconciling any conflict between the needs of development and the need to protect and improve the environment. Principle 15 Planning must be applied to urbanization with a view to avoiding adverse effects on the human settlements and environment and obtaining maximum social, economic, and environmental benefits for all. In this respect, projects which are human rights and which are Principle 16 Demographic policies which are without prejudice to basic concerned should be applied, in those regions where the rate of have adverse effects on the environment or development, or where low population density may prevent the improvement of the human-designed for colonialist and racist domination must be abandoned. population growth or excessive population concentrations are likely deemed appropriate by Governments Environmental environment impede development. Principle 17 Appropriate national institutions must be entrusted with the task of planning, managing, or controlling the environmental resources of States with the view of enhancing environmental quality Principle 18 Science and technology, as part of their contribution to economic identification, avoidance, and control of environmental risks and the solution of environmental problems and for the common good of mankind. Principle 19 Education in environmental matters, for the younger generation as well as adults, giving due consideration to the underprivileged, is essential in order to broaden the basis for an enlightened opinion and responsible conduct by individuals, enterprises, and communities in protecting and improving the environment in full human dimensions. It is also essential that mass mędia of communication avoid contributing to the deterioration of the environment, but, on the contrary, disseminate information of an educational nature, on the need to protect and improve the environment in order to enable man to develop in every respéct. Principle 20 Scientific research and development in the environmental problems, both national and multinational, must be promoted in all countries, especially the developing countries. In this connection, the free flow of up-to-date scientific information and transfer of experience must be supported and assisted, to facilitate the solution of environmental problems; environmental technologies should be made available to developing countries on terms that would encourage their wide dissemination without constituting an economic burden on the developing countries. Principle 21 Státes have, in accordance with the Charter of the United Nations and the principles of international law, the sovereign right to exploit their own resources pursuant to their own environmental policies, and the responsibility to ensure that activities within their jurisdiction or control do not cause damage to the environment of other States or of areas beyond the limits of national jurisdiction. Principle 22 States shall co-operate and develop further the international law regarding liability and compensation for the victims of pollution and other environmental damage caused by activities within the jurisdiction or control of such States to jurisdiction. areas beyond their Principle 23 Without prejudice to such criteria as may be agreed upon by the international community, or to standards which will have to be determined nationally, it will be essential in all cases to consider the systems of values prevailing in each country, and the extent of the applicability of standards which are valid for the most advanced countries but which may be inappropriate and of unwarranted social cost for the developing countries. Principle 24 International concerning the protection and matters improvement of the environment should be handled in a co-operative spirit by all countries, big, or small, on an equal footing, co-operation through multilateral or bilateral arrangements or other appropriate means is essential to effectively control, prevent, reduce and .-eliminate adverse environmental effects resulting from activities conducted in all spheres, in such a way that due account is taken of the sovereignty and interests of all States. Principle 25 States shall ensure that international organizations play a co-ordinated, efficient and dynamic role for the protection and improvement of the environment. Principle 26 Man and his environment must be spared the effects of nuclear weapons and all other means of mass destruction. States must strive to reach prompt agreement, in the relevant international organs, on the culmination and complete destruction of such weapons.
- Legal - Language -Rules Of a Goods Precis-Writing
Rules of a goods precis-writing www.lawtool.net Q.1 What are the important rules of good precis-writing? Rules of precis - writing-some pupil think that precis-writing is very simple. and one can easily write in precision by cutting the words or phrases. This view is quite wrong und harmful. Every lawyer should adopt the best rules of precis-writing. The law student should practice such rules from the beginning of his studies some of the important rules of good precis-writing are given hereunder. 1) The Central idea - The student should read passage, moving along at a good brisk pace with the dominating aim of extractirg from the material the gist, the central idea, the general point that the author is making He should mobilize himself to get into the material thinking along with the author, sensing the author's organisation of idea and demanding constantly from the selection. The details make more sense, are more efficiantly understood and more easily remembered, when the student is armed with a knowledge of the Central idea. 2) Reading- A much more important rule of pirecis-writing is that the student must read the passage with elficient reading. He should read the passage one or more times There is much importance to readirng in the pleadings. There are certain legal maxims showing the impotanceof reading "Nemo enim aliquam partem recte intelligere poss it antequam totum eterum atqueiterumperle gerit. (Max)." No one is able rightly to understand one part before he has againand again read through the whole .Partem aliquamI recte intelligere poss it an tequam tatumiterum atque iterum perlegent" (Max)." No onie can rightly understood any part until he has read the whole over and Over again. "Nemo enim allquam partem recte intalligere possit antequamtotum eterum atque iterum perlegerit (Max)" No one can understend the significance of a part of a writing until he has read the whole again and again "Quod non legitur , non creditiur What isnot read is not believed These legal maxims show the importance of reading. Just reading is not sufficient. The student must involve with the matter. If necessary he must read the passage who times or more, until he gains the confidence and complete understanding. Efficient reading coriveys the terms Main idea central theme, cantral thought, main points etc. of the passage to the reader it also doveiops strong intellectual curiosity in the subject. 3) Wishing is not sutficient, there must be will - Thare is a lot of difterence in between wishing'and will' when the student pays full attention it is called will' it he does not pay full attention, and pays a mere attention, it is called wishing 4) Concentration- Concentration is more important. Concentration in reading and consistingas in any other activity, consists of such deop, active, and purposetul involvement that innerdistractions can not occur, mind wandering is eliminated, and the external world might as well as for the time being the completely non-existent . 5) Repeated terms - In some passages the tems are repeated. In precis-writing repetition ofsuch terms should not occur A realization that concise is not directly concerned with words, or even phrases but anly with ideas. 6) Minor details - A realization that main ideas are more important than minor details. Leave such minor details. ) 7) Own comments - It is advised to avoid your own comments inprecis-writing. You must go according to the main ideas of the author. 8) Cogency - Cogency meanis "oonvincing" the precision must be cogent with the original. It should not detract from its original ideas. 9) Number of words in precis-writing - There is not water-tight rule in fixing the number of wordsin precis-writing. However, it is always preferred to have precis- writing in one-third from itsoriginal passage. 10) Grammar - Acquiring English grammar is an assentiai point in translationof passages from regional language to English, precis-writing pleadings, arguments, etc. Bad grammar reduces the marks. It spolls the cogendy. 11) Indirect speech - in precis-writing, direct speech should not ba used. Indirect speech is preferred in precision. 12) Clarity The precision must possess clarity, A good precis must possess all the important ideas in the original passage 13) Practice - "Practice makes a man perfect". "Remember the proverb, Rome is not built in a day.You can acquire skilliness in every subject including precis-writing, pleading, etc. by doing regular practice. It will be helpful not only in examinations but also in your future career. 14) Writing In writing the examinations, the student, has no time and opportunity to make a draft concise. He has not prepared sentences in his mind and corrected them in his brain, and then only he has to put them on paper. However, while practicing a home, he can prepare a draft. He can make alterations or add new appropriate words in the draft, and he can make a final. concision. 15) Exercises I have given only exercise in this book keeping in view of the number of pages increasing. There are several grammar books on the market, such as wren and Martin HighSchool Grammar, Intermediate Grammar, etc. In each d them, there are several exercises. We advise the students to do such exercises and compare them with the solutions given in those books. 16) Title if there is a title in the original passage, the student may lightly alter it o retain it. If there is no title, he is advised to give an attractive, meaningful appropriate, and suitable title.
- Law of Landlord and Tenant
Law of Landlord and Tenant www.lawtool.net Lease defined: A lease is a transfer of a right to enjoy the property in consideration of a price (called premium) or a rent which may consist of money, a share of crops, service or any other thing of value to be rendered periodically by the transferee to the transferor. Kinds of tenancy (1) Perpetual lease. (2) Lease for a term: e.g., for 10 years. (3) Periodic lease: i.e., monthly or yearly lease. A lease for an agricultural or manufacturing purpose is presumed to be a yearly lease. A lease for any other purpose is presumed to be a monthly lease. (4) Tenancy at will: In this either party may put an end to the lease at any time. (5) Tenancy by holding over: When a lease for a term comes to an end, if the tenant continues in possession and the lessor has received rent or otherwise agrees to his continuing in possession, the lease is renewed, in the absence of a contract to the contrary. The renewed lease is a periodic lease. It is yearly if the lease is for agricultural or manufacturing purposes and monthly if the lease if for any other purpose. Formalities: A lease should be executed by both the lessor and the lessee. If the lease is from year to year, or for a term exceeding one year, or reserves a yearly rent {i.e., as so much per year) a registered instrument is necessary. Other leases may be made either by a registered instrument or by delivery of possession. These formalities do not apply to a lease of agricultural land unless the state government makes them applicable by notification in the official gazette. Rights and duties of landlord The rights and duties of the lessor, in the absence of a contract to the contrary, are the following: (1) Lessor should disclose latent defects of the property. (2) He is bound to deliver possession at the lessee's request. (3) He should see that the lessee has quiet enjoyment during the term of the lease. This is called the lessor's covenant for quiet enjoyment. This will protect the lessee against the acts of the lessor and of persons claiming under him and even of persons claiming to have a paramount title (i.e., a title superior to that of the lessor). It does not protect the lessee against the acts of trespassers for the lessee is expected to protect himself against trespasser by taking suitable action against them. In a case where the landlord had offered the shop after renovation to the old tenant on a condition precedent of an enhanced rent enhanced by him unilaterally and arbitrarily, it was held contrary to the provisions of the Andhra Pradesh Buildings (Lease, Rent and eviction) Control Act, I960.24 Rights and duties of tenant The rights and duties of the lessee, in the absence of a contract to the contrary, are as follows: (1) If the property is destroyed by act of God (flood, tempest, fire, etc.) or violence of a mob or of an army, the lessee may put an end to the lease. (2) If the lessor does not make the repairs, which he has to make, the lessee may make them himself and deduct the expenses with interest from the rent or recover such expenses otherwise. (3) If the lessor fails to pay the tax, the lessee may pay it and deduct it with interest from the rent or otherwise recover it. (4) He can remove all things attached by him to the property when the lease has terminated. He should remove them before he leaves the property. Such things are called tenant's fixtures. Things attached to the property by the landlord himself should not be removed by the tenant. They are landlord's fixtures. (5) If a periodic lease or tenancy at will has come to an end by notice, the tenant is entitled to the crops, planted or sown by him and growing upon the property at the determination of the lease. This is called the right to emblements. (6) The lessee may sublease the property or assign his interest. As for his duties, there is (1) a duty of disclosure of facts in regard to the interest, that is, title of the lessor as to which the lessor has no knowledge but of which the lessee is aware and which materially increases the value of such interest. (2) He should pay the rent at the proper time and place. (3) He should restore the property at the end of the lease in as good a condition as he had received it subject to reasonable wear and tear. (4) He should allow the lessor and his agents to enter upon the property for inspecting its condition. (5) If any encroachments are made, he should inform the lessor. (6) He should not commit any act that could be destructive or permanently injurious to the property or use it for any purpose for which it was not leased. (7) When the lease determines he should deliver possession to the lessor. The Supreme Court in Raichurmatham Prabhakar v. Rawatmal Dugar construed the provisions of section 108 of the Transfer of Property Act, 1882 on the rights and liabilities of lessor and lessee in the light of doctrine of justice, equity and good conscience. The tenant of a shop handed over the vacant possession of his shop under an order of the rent controller to his landlord for demolition, renovation and reconstruction on an undertaking by the landlord that the tenant could re-enter in it after reconstruction. The landlord on reconstruction offered to the tenant the said at a higher rent. The tenant applied for the same to the rent controller after the delay of more than six months. There was some litigation up to the high court on question of limitation whether his application for re- entry was barred by limitation. The high court in revision held that it was not barred. The landlord took the matter in appeal to the Supreme Court. The Supreme Court held that the application was not time-barred. Applying the doctrine of justice, equity and good conscience, the Court held that the tenant had an implied covenant for peaceful possession and enjoyment of the leased property. On the question of the demand of enhanced rent the Court left the matter to be dealt with by the rent controller keeping in view all the relevant factors such as cost of renovation, reconstruction, etc. However, the Court observed as follows: "The tenant, when re-enters in to possession, does so under the original tenancy which stands statutorily protected under the Act and he has not been evicted nor held liable to be evicted.. In spite of the building having been repaired, altered, added to or re-erected, the tenant shall re- enter to occupy the premises on the same terms and conditions on which he was occupying the building on the date on which he delivered the possession to the landlord pursuant to the order of the controller. On the tenant's re- entering in to the possession of the building his obligation to pay the same rent which he was paying on the date of delivery ofpossession by him to the landlord, shall stand revived. If the law permits a revision of rent or fixation of rent afresh, the landlord could be at liberty to invoke that provision and revise the rent consistently with such provisions. But the revision of rent cannot be insisted on by the landlord as a condition precedent to re- entry by the tenant".
- THE JUVENILE JISTICE CARE AND PROTECTION OF CHILDREN ACT 2000
THE JUVENILE JUSTICE CARE AND PROTECTION OF CHILDREN ACT 2000. www.lawtool.net The term Juvenile' means “child" and Delinquent means "criminal". Juvenile delinquent means "Child criminal or crime committed by a child". A juvenile delinquent is a young offender between 15 years and 17 years of age. Juvenile delinquency is a serious social evil since it is a gateway to adult crime. The present Act entitled "the Juvenile Justice (Care and Protection of Children) Act, 2000" is progressive legislation for the reformation of delinquent children. It aims to provide for care and protection, treatment, development and rehabilitation of neglected and delinquent children. The main object of the Act is to achieve a uniform legal framework for juvenile justice throughout the country. This Lecture covers: 1. The Juvenile Justice (Care and Protection of Children) Act, 2000 and 2. Juvenile Delinquency. The Juvenile Justice (Care and Protection of Children) Act, 2000 The Juvenile Justice (Care and Protection of Children) Act, 2000 The Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter called the Act) was passed by the Indian Parliament with a view to consolidate and amend the law relating to juveniles in conflict with law and children in need of care and protection. It aims to provide for proper care, protection and treatment by catering to their development needs, and by adopting a child-friendly approach in the adjudication and deposition of matters in the best interest of children and for their ultimate rehabilitation through various institutions established under this Act. With the passing of the Juvenile Justice Act, 1986 (53 of I986) is repealed. The Act extends to the whole of India except the State of Jammu and Kashmir. It is a progressive legislation for the protection and welfare of delinquent children. IT CONSISTS OF 70 SECTIONS DIVIDED INTO 5 CHAPTERS. Chapter-l containing Sections 1 to 3 deals with preliminary aspects viz. short title, extent and commencement, definitions etc. Chapter-II containing Sections 4 to 28 relates to Juvenile in conflict with Law. It (Chapter II) deals with Juvenile Justice Boards Observation Homes, Special homes, Juveniles. Chapter-III containing Sections 29 to 39 lays down the provisions relating to Child in need of Care and Protection'. It deals with Child Welfare Committee, Children's homes etc. Chapter-IV containing Sections 40 to 45 deals with 'Rehabilitation and Social Reintegration'. Chapter-IV covers process of rehabilitation and social reintegration, Adoption, Foster care etc., and · Chapter-V of Act containing Sections 46 to 70 deals with miscellaneous provisions. Objects:- The Act aims to achieve the following objects: To lay down a uniform institutional and legal framework for juvenile justice throughout the territory of India; To lay down norms and standards for the administration of juvenile justice in respect of care, treatment and rehabilitations; To provide for specialized approach towards the prevention and treatment of juvenile delinquency; To constitute special offences in relation to juveniles and provide for punishments therefor; and To bring about the operation of the Juvenile Justice System in the country on the lines of the United Nations Standard Minimum Rules for the Administration of Juvenile Justice, 1955 JUVENILE DELINQUENCY Juveniles or Children are the pillars of the progressive nation. They may be described as the "crystallised energy stored reservoirs of the country". Juvenile Delinquency - Meaning:- The term Juvenile' means "Child" and 'Delinquent' means "Criminal".Juvenile Delinquency means "Crime committed by a child or child criminal". It means deviant child behaviour, which includes wrong doing, disorderly conduct, malicious mischief, growing up in idleness, wandering in streets etc. Smoking and drinking by children also come within the purview of juvenile delinquency. Juvenile delinquency is a gateway of adult crime. A large percentage of criminal careers have their roots in the childhood. Definition:-It is very difficult to define Juvenile Delinqueney. The reason is crime is a varying concept as it changes from place to place and from time to time. Various statutes defined juvenile delinquency in different terms. A few of them are given below: The Legal Definition of Juvenile Delinquency is "any act prohibited by law for children upto a prescribed age limit". According to the Juvenile Justice Act, 1986 a 'delinquent juvenile" means "a juvenile who has been found to have committed an offence" [Section 2(e)]. It further defines that 'juvenile' means a boy, who has not attained the age of eighteen years [Section 2(h)]. There are various causes of juvenile delinquency. Notable among them are stated here under: 1. Broken home/family. 2. Poverty. 3. Bad Companionship. 4. Early Physical Maturity; and 5. Lack of proper education. 1. Broke Home/Family:- The home is the cradle of huge personality. Every person from the moment of birth is deeply influenced by the people around him. Whatever is learnt in the family has strong influence in the mind of the child and the juvenile interprets the human relationship accordingly. Family is a compact unit wherein harmonization and culturization take place with love and affection and wvith inter- personal relationship. The alcoholic or drug addict father or immoral mother or divorced family facilitates the propensities of juvenile delinquency. Therefore, the broken home has serious impact in the mind of the juvenile on the emotional and socio-economic relationship. 2. Poverty:-Poverty is one of the main reasons for the causation Vaime and delinquency. In the words of S.C. Verma in his "The Young Delinquents", (P.36)- It seems that poverty operates as a cause of crime through its Social accompaniments'. These accompaniments are: 1. segregation in slum areas where people are isolated from anti-delinquency patterns and are compelled into association with criminal behaviour patterns; 2. low social status, with little or no stakes; 3. inadequate housing conditions and poor health; 4. child's premature withdrawal from school with compulsion to take up unrewarding. unskilled, street-trade occupations: and 5. worry, anxiety and insecurity and a sense of inadequacy and/ insignificance in parents, which deprives children of their love and affection". 3. Bad Companionship:-The companionship also has a vital role to play in the juvenile delinquency. A child's companionship and associations are patterned by his emotional, social and economic needs of security, recognition and material gain. They play an important role in delinquency. 4. Early Physical Maturity:- Early physical maturity. inducement by oversexed films, T.V., pornography, violence blended cinema, etc. The imbibed feelings about criminals through media are vital reasons for juvenile delinquency. Juveniles learn and imitate such characters of the story. The delinquent propensities form a sediment in the subconscious mind and ebbs up and put into action according to circumstances and environment. 5. Lack of Proper Education:- Lack of moral education in the schools and colleges etc., lack of practisers of the true preachings, lack of parental control at home and lack of teachers' control in the schools and colleges are also attributable factors for delinquency. Juvenile delinquency and Adult Crime:- Juvenile delinquency' As stated earlier, Juvenile delinquency' means "a crime committed by a child". Any Act prohibited by law for children upto a prescribed age limit is called juvenile delinquency. As such, juvenile delinquent means a child criminal or a crime committed by a child. The expression juvenile delinquent has not been defined in the Juvenile Justice and (Care Protection of Children) Act, 2000. However, Section 2(1) of the Act defines 'Juvenile in conflict with law' as "a juvenile, who is alleged to have committed an offence". 'Crime' or Adult Crime' Whereas the term 'Crime' or Adult Crime' is a public wrong Blackstone defined 'Crime' as "an act or omission in violation of public law, forbidden or commanding it".Further, the word 'crime' is nowhere used in the criminal law (i.e. Substantive Criminal Law, the Indian Penal Code, 1860 or the Procedural Law of Crimes, the Code of Criminal Procedure, 1973). However, the word 'Offence' is used instead of the word 'crime'. Section 40 of the Indian Penal Code, 1860 defines the word 'Offence' as any act punishable under the Code". A person, who is guilty of an offence is called offender or criminal. The Distinction Between Juvenile Delinquency and Adult Crime. Preventive Measures:- Juvenile Delinquency is a serious social evil. In the interest of the individual in particular and the society in general, it must be eradicated by adopting the following measures: 1.The parents must take care of the children and should not give them an opportunity to associate with bad companions. They should teach morals and ethics to have an effective control over the children. 2. Ideal and model education system will eradicate delinquency among the children. 3. The Government must pass necessary legislation for the welfare of the children and child labour. There should not be any political interference in granting probation or parole. 4. Reformative schemes are to be encouraged rather than correction Through imprisonment. 5. The Government must take necessary steps to eradicate illiteracy by providing for free and compulsory education and must take necessary steps for eradication of poverty.
- Legal Language:- Translation From English to Regional Language .
Techniques in Translation www.lawtool.net 1) When a passage is translated from English to a vernacular language or vice versa, the meaning should not be changed. 2) There are several English legal terms, such as privacy, divorce, a widower. blackmail media revolver, gunpowder, etc. These items are not found in Indian languages. The student has to take such words as they are. 3) Language is the instrument of expressing thoughts. Each language has it own idioms, nativity, style etc. They are its own. These qualities should not be lost in translation 4) Active voice and passive voice - In English majority of sentences are found in passive voice pass does may Examples - 1) Ravan was killed by Ram. 2) Apple was eaten by Mayur in Indian languages, such type of passive voice use is not found, we are acquainted in saying viz. Ram killed Ravan, and Mayur eat apple Therefore the student should not try to translate all the sentences in the passive voice in vernacular language. It looks not good. The student should use passive voice construction in English, an active voice construction in vernacular language n the similar way, in regional language, the sentence should not be written half the sentence in active voice and half the sentence in passive voice Example - It is reported in news that children were sold in the foreign countries. 5) Tenses - In English, there are twelve tenses present, past and future tenses. Present tenses has four forms Ie. simple present, present continuous, present perfect, present perfect continuous. Past Tense has four forms. Ie simple past, past continuous, past perfect, past perfect continuous. Future Tense nas the four forms, simple future, future continuous, future parfect and future perfect continuous. In Indian languages, There are only three tenses, viz, present, past, and future. Therefore, the student should notice this change and construct sentences in his mother tongue according to its usage. 6) Foreign language - English is a foreign language. It is not our mother tongue. The standard which we have in our mother tongue could not be achieved in a foreign language such as in English. 7) Not poetical- The translation should not imitate poetical or classical in English or in vernacular language. The construction should be so simple like that of a daily news paper. 8)Complex and compound sentences sentences are found very often. Especially in Law, such type of construction is very common. Sometimes, paragraph itself is written without breakages.When a passagi is translated into regional languago, the student should cut complex andcompound. sentences, and trom simpie sentences: However, at the same time he shouid seethat the meaning should not be disturbed. 9) Subject and Verb - In English, subject stands at one place and verb comes in the middle and lastly the objact. Example - Ram killed Ravan, . In Law, Several legal phrases are coupled, and makes it complex and compound sentences. While transiating into vernacular language, care must be taken that the subject should comes nearer to the verb, This is the basic difference between English and Indian Languages. Example - Jaylalita, president of AIADMK said "We withdraw our support to B.J.P. Government as it adopted the policies against the integrity of the nation 10) Ambiguous terma - The student should not use ambiguous terms, which give double meaning or different meanings at different contexts. It spoils the meaning of the passage 11) Number of words - Pay the attention on the number of words whether the passage is in English or in regional language. The words used in translation also does not exceed more than the original. In extra-ordinary circumstances, This rule may be taken into light. 12) No commentary - The passage given in the examination is to test your ability in translation you should translate it without causing damage to its original meaning. You should not comment with your own opinions. 13) Verification - After translation too, the student is advised to read it once or twice, and correct if any mistakes are found, 14) Names of persona, historical places etc. - The name of persons, historical places, etc. should be used as thay given. For example, charminar is a famous construction in Hyderabad. It means "four poles", The words "four poles" should not be used for charminar". 15) Reading - English is not our mother tongue. Before starting translation from English to regional language the student should read the passage four or five times and break the sentences with pencil. He is advised to start writing after understanding entire passage perfectly.
- Legal Language:- Loknayalaya" OR "Peoples court
Loknavalaya" OR "Peoples court www.lawtool.net Loknayalaya or Peoples Court - is established with the intention that instead of fighting the endless legal battle for a number of years with grief and vengeance among the parties. It is decided to settle the matter or dispute between the parties amicably and bring about a settlement in this direction and towards giving free legal aid and consultation people's court finds a prima importance and is established to fulfill that need and satisfy the parties and bring about compromise with their consent. It is to be noted that we had these kinds of people's court in the form of a "Panchayat" court and whenever there was dispute or differences among individuals or groups, they are usually presented the dispute in question before the panchayat which consisted by local people of repute and they decided the issue at hand freely and frankly without any fear or favour and the parties abided their verdice as final. There was no appeal from their decision it was totally accepted before the village folks. But as the population, Increased political influence entered, and caste and communal feelings crept into the minds of people they lost faith in the justice of panchayat, class and caste division further aggravated the situation and the system totally collapsed. In the advent of British rule, they have established different types of civil and criminal courts right from the Taluka level to the privy council in England. Thus there was the classification of cases; the total working of the courts were carried out in English and therefore the litigants found it difficult to plead their case and therefore engaged their pleaders and thereby the whole lot of lawyers group emerged specialized in a different line of law. After independence, India progressed in many fields and towards that progress the government was forced to make many laws and by which and further by the constitution itself many rights are guaranteed to the citizen of India. So in order to ascertain or establish the rights itigation mounted and cases were flooded the gates of different courts and in this odd situation, the common man finds himself in a difficult position to tight the expensive battle and once he loses his faith in the independence of judiciary the whole democratic system of our government will fail and therefore in order to keep a live the faith of the common man in court and its method of impartial justice which is the backbone of our denacratic setup, Loknayalaya is reintroduced to get speedy and instant justice with the help of sitting judges of the court. Usually, the courts are held on Sunday's or Holidays so that the space of school, college or corporation office or even court premises, which will remain vacant-are used to accommodate all the litigants and the session starts from 11,00 to 6.00 p.m. and it is seen far as possible maximum number of cases disposed of and efforts are taken towards that end, generally all types of civil cases like partition. Money recovery, execution or decree rent recovery, matrimonial rights, adoption, divorce maintenance, custody etc. are taken before the peoples court. In this both cases which are pending in the courts and new cases are taken up if both parties consent for the decision of Loknayalaya. The parties are first heard and by their give and take policy the matter are brought to a amicable settlement. In case of criminal matters the vegence are asked to give up and forget and forgive the past incidence and compensation if possible are tried to be paid and thus parties come to a cheerful and when matters are disposed of according to both the parties liking The advantage of Loknayalaya is that, there is no court fees, no stamp duties, no advocate fees and no daily attendance of court for years, on the contrary It saves everything of a litigant and here no one loses or no one wins because since compromise terms and acceptable to both the parties.
- Legal Language:- Advantages of Practicing Law Students & Lawyers
Advantages Practicing law students & lawyers www.lawtool.net Q1.What are the advantages for law students and advocates/lawyers practicing? Ans-There are several advantages for law students and lawyers in practice. 1) Lawyers A) Pieadings - Rule2 - Order VI of C. P. C. states that every pleading shall contain and contain only, a statement in the concise form of the material facts on which the pan pleading realize for his claim or defense, as the case may be, but not the evidence by which they are to be proved. Rule 13, Order VI states that neither party need in pleading allege any matter of fact with the law presumes in his favor or as to the burden of proof lies upon the other side unless the same has first been specific OR denied. Rule 16, Order VI empowers the court to struck out or amend any matter in am pleading at any stage - a) which may be unnecessary, scandalous frivolous or vexatious or b) which may tend to prejudice, embarrass or delay the fair trial of the suit, or c) which is otherwise an abuse of the process of the court. B) Precious time of the court Today there are about two crore cases pending before the Indian Court's from the district munsif. court to the Supreme Court cases are piled up. Every court has not timed to hear unnecessary things. Hence it is the duty of advocates to produce only the necessary particulars in his pleadings, and see that the time of the court is not being wasted by hearing unnecessary, scandalous, vexatious, frivolous matters. Unnecessary, vexatious, etc. matters consume the court's time This also consumes the precious time of the judge's Delay causes to other case delay Justice is not Justice. Hence to help the needy people, the courts should concentrate on only the material and necessary things of C) Briefing The clients approach the Lawyers with the hope that they will get the legal remedy from the courts through the advocates The client explains the facts of the case to the advocate. Generally, the clients are laymen, They do not know the law. They narrate everything pertaining to the case to the advocate. Sometimes they repeat the same material. The Advocate should hear all of his client's vision and should note the points from such version, and then verify the legal paints available in that version. The advocate should write all such version in points-wise. This is nothing but precis-writing 2) Law Students 1) Quotations - at The Law student has to quote certain maxims, proverbs, sayings of famous writers or jurists or courts in support of his version. Sometimes the quotations are big. It is highly impracticable to reproduce such huge quotations as they are due to the scarcity of time in the examination. Hence the student has to concise such quotations. However, in doing so, the student has to be very careful and see that the original meaning should not be changed in the abstract form. 2)Answers- Textbooks narrate abundant knowledge and material. The student could not produce all the textbook material as it is in the examination. He has to divide the three hours time. He gets only twenty to thirty minutes time for a question. His writing speed is ten to thirty words per minute. Hence every student should write the answer in an abstract and efficient way within the prescribed time and within the number of words. For this purpose, he should concise the material. 3)Short notes- In every legal subject, essay and short questions are asked. In almost all cases, the material is the same for both essay and short-note. It is the duty of the student to concise the matter appropriate to the short note keeping in view the time and marks allotted for that question. Now in the new syllabus, the number of questions on short-note has been increased. Therefore, precis-writing helps the students to produce correct answers within time. 4)Case-Laws - Every law student should site certain case laws in his answer. The particulars of the case laws are printed in Journals such as AIR, Cr LJ, SCC, and Supreme Today. Each case law is given from four pages to one hundred or more pages.For a law student. It is not possible to reproduce all the case law entirely. Hence the abstract of the brief facts, principles, and judgment of the important case-lawe are to be written in the examination. For this purpose, the student has to concise the matter keeping in view the time available in the examination hall. It he goes on writing pages on single case law, then the time limit of three hours will not be sufficient even to write one question.
- Legal Language:- Generally Used The Legal Words
Q1 mention some of the Generally used words in legal circles in various subjects of law. www.lawtool.net In order to prove any agreement is proper or not or marriage is correct or not or any transaction is proper ane and lawful; the three terms or words are used l.e. valid void and voidable. 1) Void - is that which is not legal or in other words, it is lawful or is ab initio i.e.from the time such transaction began Its effect is nullity i.e. will have no meaning in the eyes of law. So void if any contract or agreement is not enforceable in any court of law and if any person files a suit, it will be dismissed because of lack of jurisdiction to the court to entertain such transaction. 2) Voldable - It has 50% valid and 50% void character because the choice is left with the person who is affected or aggrieved by any contract or agreement of this type of voidable character. It he accepts the transaction becomes valid, and if he denies or rejects it becomes void. 3) Valid - is that which is proper and correct and usually is lawful and so it is enforceable in any court of law eg. valid contract, valid agreement of sale, valid marriage etc. 4)Prima facie - means on the face of the agreement or any legal deed it would clearly show what is the intention of the deed or what are its content and its genuineness. 5) Competency - of parties or locus standing generally any transaction of legal nature or where law prescribes certain standard or prescribes certain level or understanding or age only, those person are entitled to enter into any contract or agreement for e.g. a person who is major according to Indian majority act and who is not a minor and also who is not a person of unsound mind or lunatic is generally considered as a person of competent nature. 6) Inter vivos - Means between any two living persons. 7) Absolute owner - Legal meaning of absolute owner is much wider that is, the absoluteness or his exclusive right over other suggest that the owner can do anything with the property L.e. he can purchase with it anything he can hold and he can anjoy he can destroy, hecan dispose of it as he likes. So in short he is master to do anything of such property. 8) Custom - means and includes the following ingredients :- it must be ancient. it must be continuous It must be without a break Practiced for long period of time Must not be opposes to any public or moraity. Must also be not contrary to any loss then only it will calied as prope custorm. Wo see that most of personal laws are having custom as one of the moe important source of law. Cuatom if practiced for a long time, it will out weight was even written to set of law eg - the latest Supreme court decision on National Anthem Case (i.e the childre who refused ta see in class prayer in Kerala School as singing is against their custom If song in public chorus, the children ware diamissed as a dishonor to National Anthen in appeal Supreme court held custom was prevented in their family and so it is not affecting national anthem in any matter) Therefore asked the school to reinstate the students and hald that custom outweighs written tax of law. 9) Mutatis Mutandis - So tar as it is applicable. 10) Equity - means equity - there are many equality principles. e.g. one who comes to court should come with clean hands i.e, the piaintift or dependent should not hide any facts or issues with the court either it is going to create disfavor or favor to them. They must speak out the true facts and expose all the relevant materials which the court requires in order to do justice according to equity principie. Secondly, it also speaks "That law will help only the vigilant and not indolent i.e if you ask for your side to be considered with yout side to be considered with you opponent then on equity, you should have gone to the court at an earliest if you sleep over your rights and wake up when imitation period is over then it would not be fair on the part of the court to condone your delay uniess there is any strong reason for It. Thirdly law of equity also demands that its other principles such as equity justice goods conscience will aiso be balanced by the court in every case and issues are decided.
- Anti-Defection Law
Anti-defection Law WWW.LAWTOOL.NET Anti-defection Law : 10th Schedule to the Constitution added by the 42nd Amendment 1985. Provisions as to disqualification of MPs and MLAs on grounds of DEFECTION. The Anti-defection Bill was passed, unanimously, by the Lok Sabha on 31 January 1985. The Bill was later passed by the Rajya Sabha and assented to by the President. This is the 42nd Amendment Act. The main objective of this Amendment is to outlaw political defections and to cleanse public life to some extent. Salient Features : By the 42nd Amendment (i) Arts. 101,102, 190 and 191 and the 9th Schedule of the Constitution have been suitably amended. The major changes are in Art. 121 and the 9th Schedule. (ii) One controversial clause in the Bill provided for dis- qualification of the members of the Parliament or of State Legislatures, on the basis of their conduct outside their respective legislatures. This clause was omitted by the government which had piloted the Bill. (iii) The Amendment applies to Members of Parliament and the Members of State Legislatures only. (iv) An elected member of a House shall be deemed to belong to the Political Party by which he was set up as a candidate for election. In respect of a nominated member, he shall be considered as a member of that Party which he represented as on date of nomination. (v) 'Defection' from his party disqualifies the Member according to the 9th and 10th Schedules. 'Disqualification' means:- (a) Voluntarily giving up his membership; (b) Voting or abstaining in the House, contrary to the whip.(But, prior permission or condoning will not disqualify.) (vi) Does not apply to Split: 1/3 of the members of the Legislature party may split from the main Political Party. From the time of such split such a faction or group may be deemed to be a Political Party. (vii) Does not apply to Mergers : A Political party may merge with another Political Party or may form a new party if 2/3 of the Members of each of such Political Parties have agreed to such merger. (viii) Rules relating to defection do not apply to the Speaker, Deputy Speaker, Chairman or Deputy Chairman, who may by virtue of his office voluntarily give up his Political Party. (ix) Decisions on disqualifications : As the proceedings to decide the question of disqualification are considered as "Proceedings of the House", no court has any jurisdiction in respect of any matter connected with disqualification of member of the Parliament or State Legislature. This part of the Amendment was struck down as void and ultra vires by the Supreme Court in Kihoto V zachilhu 1992. (x) Conclusion : Although this Amendment is not a panacea to cure the ills of defection and of changing of colours—like a chemeleon—by the politicians, still, the step taken to cleanse the public life is a welcome feature. Suitable amendments will have to be made to peg-up the loop-holes (especially to cover cases when the Houses are not in session). By itself, the Amendment is a bold step forward to arrest the spree of defections