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DOCTRINE OF WAIVER

  DOCTRINE OF WAIVER  BY NUPUR GARG INTRODUCTION  An individual possesses certain legal rights which are conferred upon him either by the constitution, statute or a contract. A Right can be defined as an interest or a claim which gives the individual the power to control the act of others, i.e., to make someone do or abstain from doing an act. An important question arises as to whether these rights can be waived. According to the doctrine of waiver, a person who is entitled to any right or privilege can waive off such a privilege, if he does so together with his discretion. This doctrine operates on the idea that a person is that the best judge of his interest under any legal liability, which he has the knowledge of the results while intentionally abandoning the privilege of such right. But, the doctrine of waiver doesn’t apply to the fundamental rights of the people guaranteed under the Constitution of India. the elemental rights were kept within the Constitution for the general publi

DOCTRINE OF INCIDENTAL AND ANCILLARY POWERS

  DOCTRINE OF INCEDENTAL AND ANCILLARY POWERS BY NUPUR GARG INTRODUCTION  A doctrine is a principle, theory, or position that is usually applied and upheld by courts of law. In Indian Constitutional law also, there are different judicial doctrines that develop over time as per the interpretation given by the judiciary. Unfolding the meaning of the Doctrine of Incidental or Ancillary powers, it refers to the power given to the legislature to legislate on a particular subject which will also include the power to legislate even on the ancillary matters that are reasonably connected to the concerned subject. This doctrine is in addition to the Doctrine of Pith and Substance. The latter is invoked in situations when a subject of one list touches upon the subject of another list as mentioned in the seventh schedule of the Indian Constitution. That means the Doctrine of Pith and Substance deals only with subjects but the Doctrine of Incidental or Ancillary Powers deals with the power to legis

Constitution of India

  Constitution of India A Constitution in broader terms is a set of rules, Written That seeks to establish the duties, powers, and functions  It is of the various institutions of government Regulates the relationship between them and Defines the relationship between the state and an individual. Salient Features of The Indian Constitution: A Written and Lengthy Constitution: Earlier it had 22parts, 395 articles, and 8 Schedules. Now it has 25 parts 448 articles and 12 schedules. The Constitution of India is the lengthiest in the world like no other constitution in the world contains as many articles. The Constitution of the United States has 7 articles, China has 138, Japan has 103, and Canada has 107 articles. Single Constitution: It is a self-made and framed constitution. India has a single constitution that is followed by the whole country and it is also recognized as the sacred book of the country. The Constitution declares India to be a Sovereign, Socialist, Secular, Democratic, Re

An Overview of Article 14

  An Overview of Article 14 Generally speaking, everyone in this room is familiar with Article 14 of the Indian Constitution, which establishes the right to equality. We have not yet achieved full freedom despite our country's 73-year history of independence. Discrimination and other ills are still prevalent in our society today, unfortunately. Even the guy who created our country's Constitution suffered from this anathema. Today, there are still parts of the world where individuals are treated unequally and discriminated against based on criteria such as their religion or race or gender or caste or place of origin. With knowledge of the situation in India, our Constitution-makers incorporated Article 14 into the Indian Constitution as a fundamental right that applies to both citizens and non-citizens of our nation. In this article, the primary objective is to provide clarification on Article 14. When we see a husband assaulting his wife, a girl who is unable to complete her ed

Fast track justice

  Fast track justice The statement by Justice A.S. Anand, former Chief Justice of India and Chairman of the National Human Rights Commission, that the acquittal decision in the Best Bakery trial by a fast-track court was a "miscarriage of justice," is not limited to that case, but can be applied to the entire mechanism of so-called fast track courts as envisaged by the previous NDA government and now scrapped by the current UPA administration. The state did very little to return justice to its proper 'quick' track, and it is impossible for the average person to appreciate the question of when he would receive ultimate justice in criminal or civil action.  The decision to allow the fast-track courts to close by the end of April, a year earlier than the five-year deadline, by starving them of funds because the Twelfth Finance Commission did not recommend any allocations, will bring the experiment to an end without finding a viable alternative or doing anything to resolv

Note on Purposive Rule

  Note on Purposive Rule Introduction Purposive construction is a statutory and constitutional interpretation technique in which common law courts read an enactment (that is, a statute or a clause of a constitution) in light of the reason for which it was enacted. The historical source of purposive interpretation is the mischief rule which was established in Heydon's Case. Purposeful interpretation was established as a replacement for the mischief rule, the plain meaning rule, and the golden rule in order to determine instances. Courts utilize deliberate interpretation when they incorporate extraneous materials from the pre-enactment period of legislation, such as early draughts, committee reports, and so on. In the purposive interpretation, the exclusionary rule is disregarded. Purposivism's critics argue that it ignores the legislature's and the court's separation of powers. The legislative is responsible for enacting legislation, while the judiciary is responsible fo

Literal Rule

  Literal Rule By: Anjali Tiwari Introduction "Interpretation" is derived from the Latin word "interpretari," which means "to explain or grasp." Every statute must be interpreted by the judge in accordance with its original intent. The goal of interpretation is to figure out what the statute stands for, what problem it is trying to solve, and what remedy it is promoting. The basic principle of statute construction is that words must be construed and comprehended literally. The Literal Rule is the first rule of the judges. The literal rule is also known as the grammatical rule by some lawyers. A judge is required by the literal rule to assess the statute's 'literal' interpretation, that is, it’s clear, unequivocal meaning. The words themselves, it is claimed, best declare the intention of the law-givers. The process by which the courts attempt to identify the Legislature's goal through the authoritative manner in which it is presented is kno

EDUCATION IN INDIA QUICK HISTORY

  EDUCATION IN INDIA QUICK HISTORY  EDUCATION HAS BEEN ONE IN EVERY OF THE HEAVILY CONTESTED  TOPICS OF DIALOGUE WITHIN THE CONSTITUENT ASSEMBLY DIALOGUE. BESIDES THE FRAMING OF THE PROVISIONS AS MENTIONED WITHIN THE EARLIER CHAPTER, DEBATES WERE ADDITIONALLY PERSEVERED WHETHER OR NOT TO PLACE EDUCATION WITHIN THE PROVINCIAL LIST OR THE CENTRAL LIST. MAULANA ABDUL KALAM AZAD, THE PRIMARY UNION MINISTER OF EDUCATION, POWERFULLY OPPOSED THE THOUGHT OF GOING AWAY EDUCATION WITH THE STATE. THE THOUGHT WAS SUPPORTED BY PANDIT JAWAHARLAL NEHRU UN AGENCY WAS ADDITIONALLY OF THE OPINION THAT BOUND CENTRE WOULD NEED BOUND POWER TO RETAIN SOME UNIFORM COMMONPLACE OF NATIONAL EDUCATION. THE DISCUSSION OVER WITH THE RETENTION OF EDUCATION AT INTERVALS THE PROVINCIAL LIST WITH IN ORDER THAT THE REQUIREMENT OF PROVIDING EDUCATION IN NATIVE LANGUAGE IS MET. AT IDENTICAL TIME ENTRIES CONCERNING INSTRUCTION, TECHNICAL AND SCIENTIFIC EDUCATION WAS PASSED ON TO THE CENTRE TO RETAIN THE NATIONAL COMMONPLA