LEXIS AND COMPANY

  Customary Law A legal custom is an established pattern of behavior within a social situation that can be objectively confirmed. In support of "what has always been done and approved by law," a claim can be made. There is customary law (also known as consuetudinary or unofficial law) where: A specific legal procedure is followed, and It is regarded as law by the relevant actors (opinio juris). The majority of customary laws deal with community standards that have been in place for a long time in a certain location. However, the phrase can also refer to areas of international law where particular criteria have been widely accepted as appropriate bases of action — for example, anti-piracy or anti-slavery legislation (see hostis humani generis). Customary laws will have supportive court judgments and case law that has grown over time to give further weight to their rule as law and also to give additional weight to their rule as law. Customary law is a term used in international

  Medical Termination of Pregnancy (MTP) Act,  Under the Medical Termination of Pregnancy (MTP) Act, 1971 in India, which is the law relating to abortion defines it as an untimely termination of the foetus. There is a specified legal time for  abortion in India  and when you don't follow it, it's a punishable offense. When you terminate the pregnancy after the prescribed legal period for an abortion in India, it's called foeticide. And when you terminate before that, it's termed an abortion. The term abortion refers to the deliberate medical termination of pregnancy in India, which can be done in two ways – medical or surgical. Medical Abortion:  A woman who is less than seven weeks pregnant can undergo a medical abortion. This process involves terminating a pregnancy with help of pills and medications. It is a non-surgical method which one must do under the supervision of a physician. Surgical Abortion:  If a woman wishes to undergo an abortion beyond seven weeks of ge

   Cultural and Educational Rights  (Articles 29-30)  Article 29. Protection of interests of minorities  What are the cultural and educational rights?  (1) Any section of the citizens residing in the territory of India or any part thereof having a distinct language, script or culture of its own shall have the right to conserve the same.  (2) No citizen shall be denied admission into educational institution maintained by the State or receiving aid out of State funds on ground only of religion, race, caste, language or any of them."  Clause(1)  Clause (1) gives protection to every section of the citizen having a distinct language, script or culture by guaranteeing their right to conserve the same. If such sections desires to preserve their own language and culture, the State would not stand in their way. Article 29(1) includes the right to agitate for the protection of the language. Making promises by a candidate to work for the conservation of the electorate's language does not

  PROCEDURAL LAW The rules by which a court hears and decides what happens in civil, litigation, criminal, or administrative procedures are called to as procedural law, adjective law, or rules of court in different jurisdictions. The guidelines are intended to ensure that due process (in the United States) or basic justice (in other common law countries) is applied fairly and consistently to all matters that come before a court. Procedural law differs from substantive law in that substantive law relates to the actual claim and defence whose validity is determined by procedural law procedures. Procedural rights include, but are not limited to, the right to information, access to justice, and counsel, as well as the right to public involvement, the right to confront accusers, and the presumption of innocence (meaning the prosecution regularly must meet the burden of proof, though different jurisdictions have various exceptions). Procedural law Despite the fact that diverse legal processe

  Territorial Jurisdiction   Jurisdiction is a circle or area within which a party has the authority to act. Jurisdiction of a court or a statute, to put it another way, refers to the territories in which that court or statute can operate or make effect. They are classified as territorial, pecuniary, or original/appellate, depending on the subject matter. The territorial limit within which the law applies or the court has authority is referred to as territorial jurisdiction. For instance, the IPC has territorial jurisdiction over all of India excluding Jammu and Kashmir, 12 nautical miles from coastal areas to the ocean, any ship, vessel, or aircraft registered in India, and inside any Indian embassy in any state. (Our courts can also consider the subject if an Indian citizen commits a crime in a foreign country that is punishable under both that country's law and the IPC . The power of the court to ask and continue with the preliminary problem that is brought before it is referred

  QUASI FEDERALISM    Define Constitution  A Constitution is a document of people's faith and aspirations possessing a special legal sanctity. It is the fundamental federal law of a country and all other laws and customs of the country in order to be valid must confirm to it. It sets out the framework and the principal functions of various organs of the Government, as well as relations between the government and its citizens.  Is Indian Constitution Federal?  There has been a lot of insolvable controversy as to the question whether Indian Constitution is federal or unitary. Some characterized it as federal, while others treated it as unitary. Some others have taken a compromising view. According to them, it has both federal and unitary characteristics.  Dr. K.C. Wheare in his book 'Federal Government' characterized the Indian Constitution as quasi-federal.  Jenning also characterized it as federal with strong centralizing tendency. The American Constitution is universally r

  ARTICLE 25- 28   Article 25. Freedom of Conscience and free profession, practice and propagation of religion  Explain right to freedom of religion  Subject to public order, morality and health and to the other provisions of this part, all persons are equally entitled to freedom of conscience and the right freely to profess, practise and propagate religion.   (2) Nothing in this article shall affect the operation of any existing law or prevent the State from making any law -  (a) regulating or restricting any economic, financial, political or other secular activity which may be associated with religious practice;  (b) providing for social welfare and reform or the throwing open of Hindu religious institutions of a public character to all classes and sections of Hindus.  Explanation I.- The wearing and carrying of kripans shall be deemed to be included in the profession of  the Sikh religion.  Explanation II .-In sub-clause (b) of clause (2), the reference to Hindu shall be construed a