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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

Trademark Search

  Trademark search By: Robin Pandey                                                                                                         Date: 21/February/ 2022 “The process of a trademark search is the first step to protect your own intellectual property rights while avoiding a breach of somebody else’s rights . To avoid any kind of ambiguity and also receive a legal opinion as to the risks involved, one should reach out to seek professional help,”   In this era of start-up and entrepreneur culture, there is a booming new innovative idea that is doing unorthodox work in service sector, and other industrial development fields. In order to stand out in the in the crowed you have to create your own identity, separate from others, which will differentiate your product from that of other. We often secure what we own, and if you own a start-up, you need to secure its name. The safest way is to Trademark your domain, but often it has been trademarked by someone else already and you may br

Restitution of Conjugal Rights

  Restitution of conjugal rights By: Robin Pandey                                               Date: 21/February/2022  The expression “Restitution of conjugal rights” means to restore conjugal rights which were enjoyed by the parties previously . The text of Hindu law recognised the principle "let mutual fidelity continue until death" Hindu law enjoined on the spouses to have the society of each other. While the old Hindu law stressed on the wife's implicit obedience to her husband, it did not lay down any procedure for compelling her to return to her husband against her will . It became necessary to find some remedies and procedures so as to see the marriage tie intact and would not be disturbed by some petty quarrels between the spouses. As a measure of positive relief in the form of restitution of conjugal rights, Section 9 of the HMA grants statutory recognition to the right of the couple to have consortium of each other. Anyone spouse leaving the other without just

Assisted Reproductive Technology Bill

                 Assisted Reproductive Technology Bill To curb and curtail the practices of exploiting the women, the Government of India has also introduced the bill named as Assisted Reproductive Technology Bill, 2021 which was passed by the Lok Sabha on December 1. It was initially introduced in September 2020 but passed now. The bill seeks to regulate Assisted reproductive technology clinics with requisite facilities and registered medical practitioners practicing with the National Medical Commission and banks which is involved in the collection and supply of sperm or semen and oocytes or oocyte donors to the ART clinics. It is done so to regulate ethical practice in a long unregulated sphere. There are guidelines which are laid by the Indian Council of Medical Research which should be kept in mind but since these are only guidelines which is not backed up by the laws, it is often neglected or ignored. The ART actually refers to all the techniques which attempt to obtain the pregna

Surrogacy Bill

                               Surrogacy Bill There is no second thought or doubt that women are exploited in the name of surrogacy. Their body are sometimes used for making babies for commercial purposes where women are also happy because they get money and obviously the person who is influencing the woman to be a surrogate mother is happy because now he or she can do whatever. In a layman’s language, commercial surrogacy refers to the kind of surrogacy where it is done for the financial benefits and also involves the compensation beyond the medical expenses and insurances at the time of pregnancy. Lately, the government of India realized this by constant pressure from the women groups. They felt the need to stop the exploitation of women by introducing a progressive Bill which will regulate the Surrogacy in India with some more rules and regulations. In 2016, it was introduced in Lok Sabha named as Surrogacy (Regulation) Bill, 2016, but was blocked by the Rajya Sabha . In 2017, it me

Judicial Pronouncements In India And Separation Of Power Theory

  Judicial Pronouncements In India And Separation Of Power Theory Judicial Proclamations in India and the Theory of Separation of Powers This section discusses the evolution of the theory as it has been revealed via a series of court decisions and case laws. It may be concluded from the foregoing discussion that there is no hard and fast rule when it comes to the separation of powers between the legislature, the executive, and the judiciary in the United States. The legislative branch is referred to as a lawmaker, whereas the judiciary is referred to as a law interpreter. The division of authority, jurisdiction, and so on is tacitly established. In Re, Delhi Laws Act, the Supreme Court of India declared for the first time that, unless in cases where the power has been delegated to an organ by the constitution, the principle that one organ shall not undertake functions that belong to another organ is adhered to in the country. Kartar Singh v. State of Punjab, for example, the Supreme Co

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