Application Of Rule Of Law Essay

Application Of Rule Of Law Essay
THEORETICAL APPLICATION OF RULE OF LAW IN INDIA The common law system of
justice delivery has been adopted by India which owes its origins to British jurisprudence, the basis
of which is the rule of law. According to Dicey, the Englishman does not need any form of written or
administrative law to keep cheeks on the government but that the natural law and Rule of Law
would be enough to ensure absence of excutive arbitrariness. While India also follows and accepts
the concept of natural law, there are written and formal laws to ensure compliance. The Constitution
of India intended for India to be a country governed by the rule of law. It provides that the
constitution shall be the supreme power in the land and the legislative and the executive derive their
authority from the constitution. Any law that is made by the legislative has to be in conformity with
the Constitute failing which it will be declared invalid, this is provided for under Article 13 (1).
Article 21 provides a further check against arbitrary executive action by stating that no person shall
be deprived of his life or liberty except in accordance with the procedure established by law. Article
14 ensures that all citizens are equal and that no person shall be discriminated on the basis of
religion, sex, race or place of birth, finally it ensures that there is separation of power between the
three wings of the government, the executive and the legislature have no influence on the judiciary.
By these
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The Pros And Cons Of Secularism In Sri Lanka
Rights which are believed to belong to every person can be known as Human Rights. According to
the United Nations "Human rights are rights inherent to all human beings, regardless of race, sex,
nationality, ethnicity, language, religion, or any other status." Human rights which are recognized in
a constitution of a particular state is known as the Fundamental Human Rights of that state.
Therefore fundamental human rights differ from state to state. In the international context Human
Rights can be recognized with the Universal Declaration of Human Rights (UDHR), International
Covenant on Civil and Political rights (ICCPR) and International Covenant on Economic and Social
Rights (ICESR). When we consider the Sri Lankan context in both the 1947 ... Show more content
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There by claiming she has been violated the right to freedom of the religion. Buddhism is the
religion of country's majority ethnic Sinhalese and Buddhist tattoos are seen culturally insensitive.
Hence the magistrate court held the claims valid and ordered her deportation and asked to hold her
at an Immigration detention center until the deportation. This decision gave a clear idea to the public
that no person shall wear or tattooed religious symbols from which the right to religious freedom of
the public gets affected.
When analyzing the position of India it is evident that the term 'Religion' has not been defined in the
constitution and it is hard to give a rigid definition. The supreme court of India has in various cases
tried to define religion. In the case of S.P. Mittal v Union of India and others Supreme Court stated
that Religion is not defined in constitution and it is incapable to give a stable definition. Further they
identified that through the background of provisions in constitution and in light of judicial
precedents that Religion is a matter of faith. It is a matter of belief

Judicial Review Essay
JUDICIAL REVIEW AND THE INDIAN COURTS
Introduction
Judicial Review is basically an aspect of judicial power of the state which is exercised by the courts
to determine the validity of a rule of law or an action of any agency of the state. The courts have the
power of testing the validity of legislative as well as other governmental action with reference to the
provisions of the constitution. The judiciary tries to undo the harm that is being done by the
legislature and executive and they also try to provide every citizen what has been guaranteed by the
constitution. Judicial review has a more technical significance in pubic law, particularly in countries
having a written constitution which are founded on the concept of limited government. ... Show
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Judicial Review in India
The constitution of India, in this respect, is more similar to the U.S. Constitution than the British.
Under the constitution of India parliament is not supreme. Its powers are limited in the two ways.
First, there is the division of powers between the union and the states. Parliament is competent to
pass laws only with respect to those subjects which are guaranteed to the citizens against every form
of legislative encroachment. The power of judicial review of legislation is given to the judiciary
both by the political theory and text of the constitution. There are several specific provisions in the
Indian constitution, judicial review of legislation such as Act 13, 32, 131–136, 143, 226, 145, 246,
251, 254 and 372.
Judicial review is a great weapon in the hands of judges. It comprises the power of a court to hold
unconstitutional and unenforceable any law or order based upon such law or any other action by a
public authority which is inconsistent or in conflict with the basic law of the land. In fact, the study
of constitutional law may be described as a study of the doctrine of judicial review in action. The
courts have power to strike down any law, if they believe it to be unconstitutional.
In the case I.R. Coelho v. State of Tamil Nadu the court laid down a two–fold test: : (a) whether an
amendment or a law is violative of any of the Fundamental Rights in Part III (b) if so, whether the
violation

Judicial Review And The Indian Courts
Political Science
Essay
Monsoon Semester 2014
Submitted by–
Pradyumna Soni
214048
JUDICIAL REVIEW AND THE INDIAN COURTS
Introduction
Judicial Review is basically an aspect of judicial power of the state which is exercised by the courts
to determine the validity of a rule of law or an action of any agency of the state. The courts have the
power of testing the validity of legislative as well as other governmental action with reference to the
provisions of the constitution. The judiciary tries to undo the harm that is being done by the
legislature and executive and they also try to provide every citizen what has been guaranteed by the
constitution. Judicial review has a more technical significance in public law, ... Show more content
on Helpwriting.net ...
Judicial Review in India
The constitution of India, in this respect, is more similar to the U.S. Constitution than the British.
Under the constitution of India parliament is not supreme. Its powers are limited in the two ways.
First, there is the division of powers between the union and the states. Parliament is allowed to pass
laws only with respect to those subjects which are guaranteed to the citizens against every form of
legislative encroachment. The power of judicial review of legislation is given to the judiciary both
by the political theory and text of the constitution. There are several specific provisions in the Indian
constitution, judicial review of legislation such as Act 13, 32, 131–136, 143, 226, 145, 246, 251, 254
and 372.
Judicial review is a great weapon given to the judges. It includes the power of a court to hold illegal
and unenforceable any law or order based upon such law or some other activity by an open power
which is conflicting or in clash with the fundamental law that must be adhered to. Truth be told, the
investigation of constitutional law may be depicted as an investigation of the precept of judicial
review in action. The courts have force to strike down any law, on the off chance that they trust it to
be unconstitutional. In the case I.R. Coelho v. State of Tamil Nadu the court laid down a

A Short Summary On The Constitution Of India
In the game, Britain just proposed a constitution that they believe is going to save India. This
proposal is supposed to mend the broken bonds between the people in the nation, and also the
people and princely states around it. So far in the game, the Muslims have asked for a different state
for Muslims only, so that they can live how they feel is morally correct, the Communists have
proposed how their idea of government would benefit the people of India, the INC has proposed
their ideas about the British residing in India, the Untouchables professed their wish to have
specified seats in the government and the princely states have asked that Britain abide by the treaties
that they set up with them years before. After hearing all these ... Show more content on
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Dr. Ambedkar was the main voice for the untouchables because he was educated and therefore at
Shimla, he presented his ideas wholly and fully in a professional manner to the governor's general,
which the governor's general decided to listen to. The other people groups of India should be in
favor of this constitution also because it grants everyone an equal say and voice in the government
of India. No one group of people is left out, underrepresented or overrepresented. This fits India well
because there are so many different types of people that want and need different things out of the
government. Ali Jinnah stated that "Muslim India cannot accept any constitution which must
necessarily result in a Hindu majority government." . The new constitution keeps the Hindus, which
are the majority in India, from having more say in the government than Muslims, Untouchables etc.
Although the Muslim League would be very upset by the constitution because they were not granted
Pakistan, they can be pleased that they will now have an equal say in the government and its affairs.
This not only benefits the Untouchables, but it also benefits all people groups of India by giving
them all a voice in the government. The princely states are being removed as states, and now being
called providences. This can be and will be frustrating to them due to the fact that they no

Major Factors that Led to the Enactment of Clinical...
I. MAJOR FACTORS THAT LED TO THE ENACTMENT OF CLINICAL ESTABLISHEMNT
ACT
As a fact the for–profit private sector accounts for a considerable proportion of health care in India
i.e50% of inpatient care and 60–70% of outpatient care, but till the enactment of the Act received
relatively less attention from the policy makers. Thus the private sector health care delivery system
in India has remained largely fragmented and hysterical, and there is a clear evidence of grave
quality of care deficiencies in many practices. Difficulties range from inadequate and inappropriate
treatments, excessive use of higher technologies, and wasting of scarce resources, to serious
problems of malpractice and negligence. Current policies and processes for health care were pitiful
or not responsive to ensure health care services of acceptable quality and prevent negligence.
There was a need to establish bodies and systems to monitor clinical and non–clinical efficiency of
the services offered in the public and private facilities. In India concerns about how to improve
health care quality have been frequently raised by the general public and a wide variety of
stakeholders, including government, professional associations, private providers and agencies
financing health care. There also have been attempts to establish systems and process that would
ensure quality of care by the health providers.
The best mechanism for curbing the malpractices is legislation or imposition of legal restrictions or

Uniform Civil Code Essay
Article 44 of the Indian Constitution expects from the State to codify and implement a Uniform
Civil Code for all citizens of India. As it is a directive principle the Indian State should endeavor to
codify and enforce it. Article 44 of the Indian Constitution provides "The State shall endeavor to
secure for the citizens a uniform civil code throughout the territory of India". 1 There is a separate
Civil Code for various religious affiliations in India but a Uniform Criminal Code exists2. The
Criminal law imposes same rights, duties and liabilities on all citizens without considering their
religious affiliation. However in the case of civil matter more specifically in cases of personal
matters (marriage, divorce, maintenance, inheritance etc.) there is no uniformity in law.
The law pertaining to marriage, divorce, guardianship, succession and maintenance governing the
Christians, Hindus and Muslim etc., are dissimilar and varies from one religion to other and
managed by their separate personal laws like the Hindu Marriage Act; the Hindu Adoption and
Maintenance Act; the Hindu Minority and Guardian ship Act; the Hindu Succession Act; governing
the personal matters of Hindus. The Shariat Act, The Dissolution of Muslim Marriage Act and the
Muslim Women (protection of Rights on Divorce) Act etc., which are based on the tenets of Holy
Quran, govern the personal matters of Muslims. A uniform civil code will help India in national and
to some extent in religious unification. It is

Defining The Constitution Ambit Within India Essay
INTRODUCTION: To define the constitution ambit within which right to life with human dignity
especially right to life–livelihood and holistic approach is sine qua non of the constitutional
framework in India. All those things which go all along with the life and make it worth living comes
within this. The right to live basically does not mean the bare life as it was said by Georgio
Agamben in his HOMO–SACER book, the life is basically full of all those things which makes life
worth living and it includes the health aspect, the societal values in the status particularly in the
norms within the society; in all those things which make the life with dignity; hence it is not animal
life but a political one. Supreme Court in many judgments held that the life is not bare life devoid of
all things in society rather it includes the basic values which makes life worth living. In the words of
Mahatma Gandhi: "According to me, the economic constitution of India, and for the matter of that
of the world, should be such that no one under it should suffer from want of food and clothing. In
other words, everybody should be able to get sufficient work to enable him to make the two ends
meet. And, this ideal can be universally realized only if the means of production of elementary
necessaries of life remain under the control of the masses. These should be freely available to all as
God 's air and water are, or ought to be; they should not be made a vehicle of traffic for the
exploitation of

Challenges And Challenges Of India
Introduction
Livelihood is the important concept to understand about the different type of factors which are
affecting people 's day to day life particularly those are living in vulnerable condition in our society.
For tribal development, improvement of their livelihood practices several Government agencies and
NGO 's are working in our country and also in Maharashtra. But today also most of tribal
communities in our country live with low income, problem facing in income generation and
becoming more vulnerable in terms of socially, economically and politically. The present study
aimed at exploring the subject of livelihood opportunities and challenges of Gond tribes in Gondia
district of Maharashtra. Furthermore it sought to examine the socio–economic conditions of Gond
tribes in same region.
Tribals in India
In the world next to Africa, India has the largest concentration of tribal population. According to
2011 census report total Scheduled Tribes population in India is 8,43,26,240 which accounts for
8.2% of the total country population. According to Kulamani Padhi (2005) the major identified
tribes in country number about the 428 scheduled tribes in India but the total number of tribal
communities are reported to be 642 and several of them have become extinct or merged with other
communities in continuous development process. Thus, if the sub–tribes and state tribes will be
taken into consideration, the number will be many more. These 428 communities

Directive Principles of State Policy
DIRECTIVE PRINCIPLES OF STATE POLICY
Q. 1. What are the Directive Principles of State Policy ?
Ans. The Directive Principles of State Policy are those moral principles which are fundamental in
the governance of the country. They are the instruments of instructions for the guidance of the
rulers, both at the. Centre and the State levels, for the establishment of a just ond egalitarian society
in India.
Q. 2. What is the aim of Directive Principles of State Policy ?
Ans. Their aim is to establish a welfare state in our country.
Q. 3. From which country have we borrowed these Directive Principles of State Policy? Ans. We
have borrowed these Directive Principles from Ireland which itself had borrowed them from the
Republican Constitution ... Show more content on Helpwriting.net ...
(ii) Article 38 says "The State shall strive to promote the welfare of the people by securing and
protecting as effectively as it may, a social order in which justice, social, economic and political,
shall inform all the institutions of the national life." and strive in particular, to minimise the
inequalities in income and endeavour to "eliminate in equalities in status, facilities and
opportunities". (iii) Article 39 says "The State shall, in particular, direct its policy towards securing
(a) That the citizens, men and women equally, have the right to an adequate means of livelihood. (b)
That the ownership and control of the material resources of the community are so distributed as best
to sub serve the common good. (c) That the operation of the economic system does not result in the
concentration of wealth and means of production to the common detriment. (d) That there is equal
pay for equal work for both men and women. (e) That the health and strength of workers, men and
women, and the tender age of children are not abused and that citizens are not forced by economic
necessity to enter avocations unsuited to their age or strength.
That childhood and youth are protected against exploitation and against moral and material
abandonment. (iv) Article 40 lays down that "The

Memorial: How to Prepare for the Moot Court Competition
TABLE OF CONTENTS
Sr. No. 1. 2.
PARTICULARS
Page no.
LIST OF ABBREVIATIONS INDEX OF AUTHORITIES 2.1 Books 2.2 Dictionary 2.3 Journal 2.4
Articles 2.5 Cases
2
3 4 4 4 5 7 8 9 10 12 25
3. 4. 5. 6. 7. 8.
STATEMENT OF JURISDICTION STATEMENT OF FACTS ISSUES RAISED SUMMARY OF
ARGUMENTS BODY OF PLEADINGS PRAYER
MEMORIAL ON BEHALF OF PETITIONER
LIST OF ABBREVIATIONS
Sr. No. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12.
Abbreviated Forms FDI AIR SC SCC Edn. v. Pg. Hon‟ble Art. UOI Vol. U.S.A.
Full Forms Foreign Direct Investment All India Reporter Supreme Court Supreme Court Cases
Edition Versus Pages Honourable Article Union of India Volume United State of America
Page 2

INDEX OF AUTHORITIES BOOKS ... Show more content on Helpwriting.net ...
(3) SCC 217 20 AIR 1973 SC 1461 AIR 1983 SC 130 AIR 1979 SC 25 20 22 22
Page 6
STATEMENT OF JURISDICTION "If it may please the Honorable Supreme Court, the counsel‟s
stand here on the behalf of the petitioner in the matter of Bharat Kumar v. Union of India." The
Counsels representing the Petitioner have endorsed their pleadings before this Hon‟ble Supreme
Court of India, under the aegis of Article 32 of the Constitution of India. Article 32 for the kind
perusal has been reproduced as: Remedies for enforcement of rights conferred by Part IV of
Constitution of India 32. Remedies for enforcement of rights conferred by this Part (1) The right to
move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by
this part is guaranteed (2) The Supreme Court shall have power to issue directions or orders or writs,
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 this part. (3)
Without prejudice to the powers conferred on the Supreme Court by clause (1) and (2), Parliament
may by law empower any other court to exercise within the local limits of its jurisdiction all or any
of the powers exercisable by the Supreme Court under clause (2). (4) The right guaranteed by this
article shall not be suspended except as otherwise provided by this Constitution.
MEMORIAL ON BEHALF OF

Application Of Rule Of Law Essay
THEORETICAL APPLICATION OF RULE OF LAW IN INDIA The common law system of
justice delivery has been adopted by India which owes its origins to British jurisprudence, the basis
of which is the rule of law. According to Dicey, the Englishman does not need any form of written or
administrative law to keep cheeks on the governmentbut that the natural law and Rule of Law would
be enough to ensure absence of excutive arbitrariness. While India also follows and accepts the
concept of natural law, there are written and formal laws to ensure compliance. The Constitution of
India intended for India to be a country governed by the rule of law. It provides that the constitution
shall be the supreme power in the land and the legislative and the executive derive their authority
from the constitution. Any law that is made by the legislative has to be in conformity with the
Constitute failing which it will be declared invalid, this is provided for under Article 13 (1). Article
21 provides a further check against arbitrary executive action by stating that no person shall be
deprived of his life or liberty except in accordance with the procedure established by law. Article 14
ensures that all citizens are equal and that no person shall be discriminated on the basis of religion,
sex, race or place of birth, finally it ensures that there is separation of power between the three
wings of the government, the executive and the legislature have no influence on the judiciary. By
these methods,

Federalism in America and India
The Federalism of US and the Federalism of India have a number of similarities and differences
between them.However, by and large,they are successful.
The Similarities and Differences between American Federalism and Indian Federalism
Being the largest democratic countries in the world, both United States and India are based on
federalism in their political structure. US became a Federal Republic State by promulgating its
constitution in the year1789; whereas India became a Socialist, Sovereign, Secular, Democratic
Republic by formally launching its constitution only in the year 1950.Thereby both countries had
attained dominion status in which a number of smaller states had got affiliated forming a union with
a strong central government ... Show more content on Helpwriting.net ...
5)Powers of Checks and Balances:–
Though there exists a clear cut division of labor known as separation of powers into executive,
legislature and judiciary in both countries, still there is a threat. to democracy. A strong and dynamic
leadership at the helm of powers as the executive and acting with unlimited powers may lead to
arbitrariness. After all power corrupts power; absolute power corrupts absolutely; in the result
democracy may become a laughing stock and virtually unworkable. Hence, in order to prevent
unwieldy growth of any one of these three divisions, a fantastic mechanism known as powers of
'checks and balances' has been maintained in both countries. In other words, each division of power
is somehow or other checked and controlled by other divisions of power.
In the US, the President as the chief executive power appoints his members of 'Kitchen Cabinet' and
he is the Supreme Commander–in–Chief of Army,Navy and the Air Force. He appoints the Chief
Justice of the Supreme Court of the US. He enters into treaties with other countries. However, his
treaties must be approved by the House of Senate.Otherwise, the treaty will not come into force.
Though President Woodrow Wilson was the chief architect of the League of Nations that came into
being after the first world war,US could not become a member of it since the House of Senate did
not approve it.Thus important policy decisions must be necessarily approved by the House of
Senate, which

Indi A Country Of Personal Laws
INTRODUCTION
India's history is testimony to the fact that it's been a country of personal laws. The reality in India
has always been much more complex than other societies, which have been totally secularized. The
process of secularization in India, though not negligible has been far more slow and tortuous. And
no law however ideal can become acceptable if it alienates people and ignores social realities. A law
has to be socially rooted in order to be acceptable. In India, there are different set of laws for
different communities pertaining to personal matters like marriage, divorce, property, adoption,
inheritance and maintenance. The Uniform Civil Code implies covering all these personal laws into
one unified set of a secular law, that ... Show more content on Helpwriting.net ...
WHAT IS UNIFORM CIVIL CODE?
Article 44 of the constitution of India lists Uniform Civil Code (Article 44 of the Constitution
pledges for a uniform civil code. It runs as– "The State shall endeavor to secure for the citizens a
uniform civil code throughout the territory of India"). as one of the Directive Principles of state
policy. Directive principles of state policy, which comprises part IV of the constitution of India, are
guidelines for the state and central governments to help them in framing laws and policies. However
these Directive Principles "shall not be enforceable by any court, but the principles therein laid
down are nevertheless fundamental in the governance of the country and it shall be the duty of the
State to apply these principles in making laws", according to Article 37 of the Constitution. Though
article 44 of constitution does not define the meaning of the expression 'civil code', its meaning can
be found out from its context and other provisions of the constitution which are relevant on this
behalf. The word 'civil' is used in various senses, refers to the expression 'civil law' (substantive and
procedural) relating to private rights of citizens. Civil law would relate to various aspects of
personal relations such as contract, property, marriage and inheritance. The demand for a

The Indian Constitution
INTRODUCTION The undeniable fundamental rights were preserved in Part III of the Indian
Constitution. Directive Principles were enumerated in Part IV of the Constitution. The terms
"fundamental rights" have not been defined in the Constitution. Article 12 imposes duty on the state
to protect citizens for enjoying the Fundamental Rights. Each article has a distinct, important an
valuable fundamental right empowering the citizens. These rights primarily aimed at assuring
political freedom to the citizens by protecting them against excessive State action. They are given a
pride of place in the Constitution by the Drafting Committee. Despite being part of the same
constitution, a contrast is often made between part III and part IV i.e. between fundamental rights
and directive principles. The main reasons are the judicial enforceability of FR and its nature being
negative obligation of the state. The Fundamental Rights are enforceable. The directives are non
¬justifiable and are more in the nature of positive affirmations of the state. However in recent time,
some of the directives have been made a part of chapter on Fundamental Rights to be in tune with
the requirements of changing polity. ARTICLE 31–C In 25th Amendment, 1971– Art 31–C was
added by the Constitution. The importance of the directive principles are enhanced by this
amendment. As stated in the object clause of the Bill, the object of the amendment was enacted to
get over the difficulties placed in the way of

Corruption Of Corruption
Introduction In a democratic system like India, the role played by the judiciary is of paramount
prominence. The judiciary, through its immaculate reasoning ability helps to keep a democracy
proficiently running, and this is perhaps one of the causes why the Independence of the judiciary is
the cornerstone of India's democracy. Transparency and accountability– these are two fundamental
words which help in instituting a system of good governance in any country. Statistics and studies
have shown that where there exists a veil of secrecy, there exists corruption. And as depressing as it
is, the one body which adjudicates on corruption and lays down guidelines to prevent such corrupt
activities has been affected by corruption itself. The reason why the collegium system was criticized
and the government wanted to remove it was this very reason; it was injected and filled with
corruption. The collegium system had no room for transparency, thus it eventually led to activities of
corruption and nepotism taking place. Such acts of corruption, nepotism etc. would in the long run
affect the judiciary and the stability of the government. The NJAC Act was introduced in the light of
these events to overcome these issues and to provide a more dependable and stable mechanism to
the appointment of judges to the High Court and the Supreme Court of India. After the National
Judicial Commission Bill was introduced in the Lok Sabha on August 11, 2014 by the Hon'ble Law
minister Mr. Ravi

State And Citizenship Of The State
STATE AND CITIZENSHIP
G.Indhusmathi
Socw10754
Introduction: The state and citizenship can be seen in different perspectives. In one way we can
perceive state as an autonomous unit and there arises a struggle in rights and obligations between
state and people in the society. Secondly ,the relation between the state and people in the society.
And thirdly, we can see it as an identity and nationality which has its both positive and negative
effects.In liberalism state is viewed as fusion of all the individuals in the society or the state as an
interest of the people. In Marxism it is viewed as as a class struggle and it is also seen as the
formation which consists of various classes.in both the theories state is regarded as ... Show more
content on Helpwriting.net ...
The state cannot provide its services rightly in the people of the society without citizenship. It
becomes a great muddle when there is no citizenship in the state. Now ,let us discuss how do I
encounter state and citizenship in daily life.
Encountering state and citizenship in daily life
According to article 12 the term state includes Government and parliament of India,government and
the legislature of each of the states all local or other authorities of Indiamunicipality, panchayat
,statutory and non–statutory authorities. As a whole it includes all the agencies. They are all under
the control of the government of India. The component of state include constitution, territory,
sovereignty, impersonal use of power ,Authority, taxation and citizenship. The fundamental and
most important component which can be seenis the citizenship.Like any other state the constitution
of India through citizenship confers the rights and obligation to the people.The Articles 5 to 11
under part II deals with the citizenship. The citizenship act of 1955 provides us five ways of
describing an individual as citizen of India. They include who was born on the territory of India.
Either of whose parents was born in the territory of India,naturalization, registration and
incorporation of territory. Though Indian constitution visualize dual polity it provides us with only
single citizenship. The citizenship act of 1955 regulates the provision for the citizenship. For all the
citizen of India,

Right to Equality vis-a-vis Reservation System in India Essay
Right to Equality in
India
Vis–à–Vis
Reservation in favor of
Backward Classes
Nisshtha Ghai
BBA–LLB
Present Day Scenario
Original Story:
The Ant works hard in the withering heat all summer building its house & laying up supplies for the
winter. The Grasshopper thinks the Ant is a fool & laughs dances plays the summer away.
Come winter, the Ant is warm & well fed. The Grasshopper has no food or shelter so he dies out in
the cold.
Indian Version:
The Ant works hard in the withering heat all summer building its house & laying up supplies for the
winter. The Grasshopper thinks the Ant's a fool & laughs dances plays the summer away.
NDTV, BBC, CNN show up to provide pictures of the shivering Grasshopper next to a video of ...
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Thus, the legislature may (i) exempt certain classes of property from taxation at all, such as
charities, libraries etc. (ii) impose different specific taxes upon different trades and profession.1
History of Reservation System
The drafters of the Indian constitution visualized that a major chunk of population, because of living
in remote areas, might remain devoid of benefits that would be available to other citizens of free
India. To neutralize this handicap they introduced reservations in education and
1
Yusuf V. State of Bombay, AIR.1954 S.C.321
employment. In their opinion, this approach was easier than extending the reach of the facilities to
remote locations. And they believed that in due course of time the backward classes would be
propped up to a level that equals the others.
Some strange reawakening prompted the Janta Party government under Bharat Ratna Morarji
Desai to enlarge the span of reservations. Mandal commission was established in India in 1979 with

a mandate to identify the socially or educationally backward, based on additional parameters. The
commission brought in 11 socio–economic and educational indicators to determine backwardness
and introduced the term 'Other Backward Classes (OBC)', as a yet another class distinction in the
country. The commission's report of 1980 recommended that for accommodating the

Indian Polity and Social Issue
Polity, Constitution and Social Issues
Polity & Constitution
Constitution of India is the supreme law of India. It lays down the framework defining fundamental
political principles, establishing the structure, procedures, powers and duties, of the government and
spells out the fundamental rights, directive principles and duties of citizens. Passed by the
Constituent Assembly on 26 November 1949, it came into effect on 26 January 1950.
The date 26 January was chosen to commemorate the declaration of independence of 1930. It
declares the Union of India to be a sovereign, democratic republic, assuring its citizens of justice,
equality, and liberty and to promote among them all fraternity. The words "socialist", "secular" and
"integrity" ... Show more content on Helpwriting.net ...
The Mission discussed the framework of the constitution and laid down in some detail the procedure
to be followed by the constitution drafting body. Elections for the 296 seats assigned to the British
Indian provinces were completed by August 1946. The Constituent Assembly first met and began
work on 9 December 1946.
(Indian Independence Act 1947): The Indian Independence Act, which came into force on 18 July
1947, divided the British Indian territory into two new states of India and Pakistan, which were to be
dominions under the Commonwealth of Nations until their constitutions were in effect. The
Constituent Assembly was divided into two for the separate states.
The Act relieved the British Parliament of any further rights or obligations towards India or
Pakistan, and granted sovereignty over the lands to the respective Constituent Assemblies. When the
Constitution of India came into force on 26 January 1950, it overturned the Indian Independence
Act. India ceased to be a dominion of the British Crown and became a sovereign democratic
republic.
Constituent Assembly
The Constitution was drafted by the Constituent Assembly, which was elected by the elected
members of the provincial assemblies. Jawaharlal Nehru, C. Rajagopalachari, Rajendra

Impact Of British On India
From the 1700s to 1947, Britain recognized India as the "jewel in the crown" because India was the
most valuable colony they controlled. Indian's life quality had a big improvement under the British's
rule. Britain had built a railroad line for India making long distance trading more possible and faster.
The railroad line also brought people in different regions closer and made exchanging ideas easier.
Other important public facilities and technologies had helped India to emerge a modern economy.
India was also able to connect and learn something from the outside world. In conclusion, Britain's
construction of railroad line, bridges, telegraphic lines and canals was its most noteworthy impact on
India's economy that had pushed the modernization ... Show more content on Helpwriting.net ...
Starting form the 1800s, British helped to get rid of many old cruel laws existing. However, there
were still political issues that the British and the India didn't agree on about that caused many
conflicts. The most significant impact by British on India's politics was showed by the adoption and
the change of the government structure. Today's India government is similar with British
government because they had adopted some of their structure from the British Government. During
the British Raj, viceroy headed the government and he had the strongest power. Many British
officials were under his govern and there was also a council with appointed members. This council
acted like an imperial legislative council and was the cabinet of the Raj government
(Parliament.UK). During this period, Indians had slowly learned about how a western government
works. So after the British Raj ended, the native Indians adopted some of British government
structure and set up their own independent government, Union Government of India. In the system,
President enjoys the greatest power in India. His role was similar to the viceroy that he had all the
constitutional power. Under the President, there were Vice

Modern Indi A Pluralistic, Multilingual, And Multi Ethnic...
Cassandra Kaur Sheanh
Dr. Russell Mardon
Political Science 147
February 1, 2015
India
Modern India is a 'pluralistic, multilingual, and multi–ethnic society'. Modern India, as we are
familiar with today, originally began in 1848 as the East India Company. This is when most of the
changes occurred that propelled India into the powerhouse that it has become today. In 1848, Lord
Dalhouse was appointed as Governor General. Under Lord Dalhouse's leadership multiple processes
were implemented. These include the "consolidation & demarcartion of society, the surveillance of
society, and the education of citizens." Along with changes to society came technological advances
such as those to the "railways, canals, and the telegraph" which all were implemented in India
almost immediately after their introduction in Europe. However, not all of India's population was
pleased with the direction the the East India Company was moving in. The new 'British–style social
reforms' which included large increases in land taxes were among the issues that the population was
unhappy about. In 1857, the East Indian Rebellion occurred. The East Indian Rebellion lasted
approximately one year and issues were settled in 1858 resulting in the East India Company being
dissolved. Consequently, India was now under the leadership and direction of the British
government. The difference between this new style of British–rule and the type of British–rule that
led to the rebellion was that this new leadership

Child Labour And Indi Causes, Challenges And Legislations
Child Labour in India: Causes, Challenges and Legislations to combat the malaise.
Abstract: Child labour continues to be a problem even today in many parts of the world. These
children are mostly inhabitants of poor undeveloped nations of South America, Africa and Asia.
They live in harsh conditions with almost no access to education. The income earned by them,
however minimal, is necessary to feed and clothe their families who are dependent on them. The
families have no other option but to push their children to work in various informal industrial and
agricultural sectors in order to make ends meet. They are simply not aware of the harm this does to
their young children nor is there an orientation to send these children to school instead. The
Government of India has taken a lot of legal initiatives in order to address this serious issue of child
labour. The National Human Rights Commission (NHRC) has been proactively involved in the
eradication of this malaise plaguing Indian society. India is also a participant in the United Nation's
International Program on Elimination of Child Labour (IPEC) under the aegis of ILO. The present
paper will look at the various causes which lead to child labour, the international and national
legislations that are in place to eliminate this glaring menace and the steps which must be taken in
order to abolish child labour in the country.
Keywords: Child labour, international and national laws, socio–economic issues, sectors employing
child

Study Of Women Rights And Legislation On National And...
Chapter 6
Study of women rights and legislation on National and International platform: An Overview
"Obstruction and impediment in the way of success."
Origin of Woman Rights––
Throughout the history we have seen that women have suffered a lot in every sphere of the life for
since ages, thereby democratic government of various governments and different organization
nationally and internationally tried hard to set the platform for the women empowerment through the
umpteen laws, policies and legislations. Every democratic country required to have the best efficient
leader so it means that women have to be given a chance to compete and prove their ability. If
they're never permitted or to get opportunity to contend in the electoral process, then the countries
are really deprived themselves of a great deal of talent." That 's why national and international
organizations, be it governmental and non– government attained sturdy efforts towards empowering
the women in all the fields including politics. For increasing the contribution of women in political
decision, making it is essential to confiscate the stumbling block in the way of women in different
fields be it economic, educational, cultural, political, social, etc.
The United Nations Development Program initiated eight Millennium Development Goals (MDG)
for guarantee equity and peace across the globe. The third MDG is directly related to the
empowerment of women in India. "The MDGs are agreed–upon goals and objectives

India Is A Quasi Federal With Strong Favoritism Towards...
India is a Quasi federal with strong partiality towards Centre.
A unitary state is a state governed by a single power that is the central government and other
administrative divisions follow the powers delegated by the central government. Some of the unitary
features of the Indian constitution are single citizenship, a strong centre, single constitution for
union and the states, centre having the power to change the name and boundaries of the states, single
unified judiciary to function as unitary government during the emergencies, common all India
services, appointment of the governor by the president, appointment of the high court judges by the
president, One election commission, flexible constitution, special power of the centre to make laws
over state list. States are financially dependent on centre.
Federalism refers to the government which works with the constitution of central and state
governments. In this both central and state governments enjoy equal states. Some main federal
features of Indian constitution are–
1) Written constitution
2) Indian constitution is supreme
3) Indian constitution is Rigid and can be amended by the joint actions of the state legislations and
union parliament.
4) Division of powers between central and state.
5) Judiciary in India is independent and free. There is a Supreme Court which can declare any law as
unconstitutional.
6) Bicameral legislature.
7) There are two governments one at the central level and other at the state level.

Speech On Secularism
It cannot be denied that in a multicultural and a multifarious religious state, secularism cannot be
given any precise definition. It is a tool in the hands of the State to use it judiciously for the
promotion of inter–communal peace and harmony, and to ensure, depending on the peculiarities of
each case, that all the communities receive equal treatment.
India waited another twenty–seven years to enshrine secularism as one of the objectives of the
nation. On 1 September 1976, through the 42nd Amendment Act, passed during an internal
emergency, the words "secular" and "socialist were formally added to the preamble of the
Constitution. Then proposed constitutional changes can be considered under the following heads: (i)
Amendability of the Constitution; (ii) Fundamental Rights; (iii) Directive Principles ... Show more
R. Gokhale, made a lengthy speech on its far–reachingconsequences. Yet about secularism and its
introduction in the preamble of the Constitution, this was 'all he had to say:
"(T)he objectives which we had always in view, namely, socialism and secularism, which we have
tried to implement, will be more and more implemented and will be more accurately and correctly
reflected in a basic part of our Constitution, namely, the Preamble. Let anyone say that "socialism"
or "secularism" is incapable of definition (sic)."
Well, in order to accept that argument of the Law Minister , one may say that "democracy" in that
sense is also incapable of definition because, it is understood in different ways in different countries.
But, there is consensus on the way we practice democracy. In the same way, the meanings of the
words "socialism" and "secularism" are well understood and embedded in the Constitution. Thus, all
the argument seems futile but the main objective of the amendment to the Preamble was a very
important and fundamental feature of the Amendment

The Social, Justice, And The Concept Of Social Justice
The notion of justice is existence of proper balance of rights and its access under the laws of land. It
refers to not depriving any person from availing privileges, opportunities etc. John Rawls writes,
"Each person possesses an inviolability founded on justice that even the welfare of society as a
whole cannot override"It means that the interaction in a society must be free from any sort of
discrimination such as religion, race, color, caste or sex. It ensures fair distribution of assets and
equal opportunity. José P. Laurel defines Social Justice as "Social justice is neither communism, nor
despotism, nor atomism, nor anarchy, but the humanization of laws and the equalization of social
and economic forces by the state so that justice in its rational and objectively secular conception
may at least be approximated."
________________________________________
Social justice is that status of the society where "equity" and "just treatment" of individuals exists. It
is not limited to safeguarding the rights but also comes with responsibility to maintain a "society for
all" providing equal opportunities. A socially just society can be achieved after examining the
inequalities and seeking opportunity to curb the same by total elimination. The concept of social
justice varies with the different philosophical approaches about the distribution or allocation of
resources.
Social Justice is the foundation stone of the Indian Constitution. The provisions of the Constitution
of

India And The Indian Constitution
We have perused in the past sections that there are numerous minority communities in India and our
constitution itself has made numerous laws for them to shield their society and to give them
education and to help them in different approaches to carry on a content and safe lives. The Indian
Constitution guarantees "justice, social, economic and political" to all citizens. The Indian
Constitution has additionally embraced measures for the security of the privileges of the religious
and ethnic minorities and of the socially and economically burdened classes, for example, the
scheduled classes and scheduled tribes. For example,
1. Reservation in employments, education and in numerous different fields
2. Cultural and educational rights
3. ... Show more content on Helpwriting.net ...
The procurements made in the Articles 16, 335, 338, 340, 341 & 342 of the Constitution identify
with reservation, insurance and protections, in broad daylight job in appreciation of the persons
having a place with the SCs/STs and other backward classes.
Article 16 empowers the "State" to make procurements for reservation of arrangements or posts for
SCs, STs and OBCs.
Yet at the same time, the state of alleged underprivileged segments in India is the same even that we
have crossed such a variety of many years of freedom. Reservation is working in the inverse course
to its primary goal as is dividing the general public further. It is constantly used to elevate one area
of the general public at the expense of an alternate, which is not reasonable. Rather than this there
ought to be equivalent open doors for all. In addition, an able applicant does not require any
endorsement of being from a lower standing to demonstrate their value. It is his mind, education and
ability to contend that can get change life. Pulling up a chair just by demonstrating your under
advantaged testament won 't provide for you anything, however simply the degree or a vocation.
Additionally the reservation framework in India is making a workforce which is not competent
enough to contend

Counter Terrorism Laws And Human Rights
COUNTER TERRORISM LAWS AND HUMAN RIGHTS
The moral rule is not "when one is about to kill you, pre–empt him and kill him first," but rather
"when one is about to kill you, do everything necessary in order to thwart his intention."
Accordingly, if there is no alternative to killing him, strike first. If there is an alternative other than
killing him, thwart his intention without striking first, without killing him.
I Introduction
Human rights and national security are at times perceived to be at odds with one another. When
government officials speak about national security, their arguments rest primarily upon the premise
that protecting human rights and civil liberties is at times subservient to protecting national security.
In India, the government has passed stringent laws protecting national security and combating
terrorist threats, but these same laws cannot pass the test of human rights scrutiny. The international
human rights framework, conventions or treaties to which India was a signatory or ratifying party,
also justified the limitations on governmental powers. However, the contemporary reality of Indian
executive governance demonstrates the weaknesses and inadequacies of the treaties and
conventions. As a result, police, military and para–military forces continue to violate human rights.
This problem underscores the need to develop a culture amongst law enforcement officials that
respects human rights as a sine qua non for the preservation of the rule of law.

Article 370
ARTICLE 370: LAWS AND POLITICS
While the Constitution recognises in Article 370 the special status of Jammu and Kashmir, the
Central Government's policies since 1953 have totally undermined its autonomy. Senior lawyer and
political analyst A.G. NOORANI discusses both aspects and suggests a way out of the mess. "I say
with all respect to our Constitution that it just does not matter what your Constitution says; if the
people of Kashmir do not want it, it will not go there. Because what is the alternative? The
alternative is compulsion and coercion..."
"We have fought the good fight about Kashmir on the field of battle... (and) ...in many a chancellery
of the world and in the United Nations, but, above all, we have fought this fight in ... Show more
The order of 1986 purported to apply to the State Article 249, which empowers Parliament to
legislate even on a matter in the State List if a Rajya Sabha resolution so authorises it by a two–
thirds vote. But it so amended Article 249 in its application to Kashmir as in effect to apply Article
248 instead – "any matter specified in the resolution, being a matter which is not enumerated in the
Union List or in the Concurrent List."
The Union thus acquired the power to legislate not only on all matters in the State List, but others
not mentioned in the Union List or the Concurrent List – the residuary power. In relation to other
States, an amendment to the Constitution would require a two–thirds vote by both Houses of
Parliament plus ratification by the States (Article 368). For Kashmir, executive orders have sufficed
since 1953 and can continue till Doomsday. "Nowhere else, as far as I can see, is there any provision
author ising the executive government to make amendments in the Constitution," President Rajendra
Prasad pointed out to Prime Minister Nehru on September 6, 1952. Nowhere else, in the world,
indeed. Is this the state of things we wish to perpetuate? Uniquely Ka shmir negotiated the terms of
its membership of the Union for five months. Article 370 was adopted by the Constituent Assembly
as a result of those parleys.
YET, all hell broke loose when

India And Jap Rule Of Law
III. Rule of Law in India and Japan
The Rule of Law has not been compromised by the culture or socioeconomic conditions in India or
Japan. India and Japan sought to achieve Rule of Law to embody the values, institutions and
principles in a modern liberal democratic country in order to modernize and adapt. Rule of law has
two main functions, to protect its citizens and stop unequitable use of state power by remaining
transparent, and, to protect its citizens with enforcement structures. In India, Western ideals and
institutions were welcomed and successfully integrated with local culture. In Japan, transplant of
rule of law ideals only occurred post–war and the transplant of western legal systems were in the
course of colonization and ... Show more content on Helpwriting.net ...
NEED EXAMPLES OF THIS
The Constitution of Japan does not have any express provisions for the Rule of Law. However, it has
insinuated in a number of Articles within the Constitution. For example, in Articles 1 to 8 the
Emperor remains as a symbol of the state and carries out functions of the state but in contrast to the
Meiji Constitution, his role is mainly ceremonial and the Emperor does not have any powers relating
to the government. This indicates that justice is intended to be administered by impartial and
independent justice institutions and kept separate from the Emperor and government bodies who are
held accountable under the law in Article 41 to 95 of the Constitution of Japan. Specifically, in
Article 98, "Supreme Law" implies Rule of Law upholds the accountability of government bodies
and agents where all government actions are ruled under one Constitution. Another example is the
incorporation of fundamental human rights in Article 97, which asserts the liberal doctrine of human
rights and protects individual rights and liberties.
IV. Differences between India and Japan
India and Japan are both culturally different and different socioeconomically, but both countries
have achieved Rule of Law. Some of the differences stated in Chens' article about the Pathways of
Western Liberal Constitutional Developments in Asia are that the founding fathers of the Indian
Constitution was

Banking Law Project : Money Laundering
Banking Law Project
MONEY LAUNDERING
Submitted to :
Rohit Kumar Dharua
BA.LLB, Section "B" , 1383067
Contents
INTRODUCTION 2
MONEY LAUNDERING IN INDIA 2
METHODS OF MONEY LAUNDERING 4
PUNISHMENT FOR MONEY LAUNDERING 5
STEPS TO PREVENT MONEY LAUNDERING 5
INTRODUCTION
Money laundering is the generic term used to describe the process by which criminals disguise the
original ownership and control of the proceeds of criminal conduct by making such proceeds appear
to have derived from a legitimate source . In other words it is a practice which engages in specific
financial transactions, in order to conceal the identity, source or destination of money. It is the main
operation of underground economy. The Interpol General Secretariat Assembly in 1995 defined
money laundering as: "Any act or attempted act to conceal or disguise the identity of illegally
obtained proceeds, so that they appear to have originated from legitimate sources".
BASIC CONCEPT: Money laundering is the process, by which, large amounts of illegally obtained
money is given the facade of having a legitimate source. Earlier the concept of money laundering
was associated with organized crime alone. However in recent times, the ambit of money laundering
operations has dramatically increased.
The concept of money laundering originated in the U.S.A. It started with the attempt to disguise the
ill–gotten wealth, obtained from trading in alcoholic beverages. American mobster Meyer Lansky

Republic Day Celebration
The Republic Day of India commemorates the date on which the Constitution of India came into
force replacing the Government of India Act 1935 as the governing document of India on 26 January
1950.[1] The date 26 January was chosen to honour the memory of the declaration of independence
of 1930. It is one of the three national holidays in India, and while the main parade, Republic Day
Parade takes place at the Rajpath, in the national capital New Delhi, where the President views the
parade, state capitals also have their state celebrations.
History
Although India obtained its independence on 15 August 1947, it did not yet have a permanent
constitution; instead, its laws were based on the modified colonial Government of India Act 1935, ...
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If it succeeds, its influence on Asia is incalculable for good. Whatever the outcome we must honour
those who attempt it. Even more meaningful was the opinion expressed by an American
Constitutional authority, Granville Austin, who wrote that what the Indian Constituent Assembly
began was 'perhaps the greatest political venture since that originated in Philadelphia in 1787.'
[edit] Celebrations Agni–IImissile in Republic Day Parade 2004.
To mark the importance of this occasion, every year a grand parade is held in the capital, New Delhi,
from the Raisina Hill near the Rashtrapati Bhavan (President's Palace), along the Rajpath, past India
Gate and on to the historic Red Fort. Prior to its commencement, the Prime Minister lays a floral
wreath at the Amar Jawan Jyoti, a memorial to unknown soldiers at the India Gate at one end of
Rajpath, which is followed by two minutes silence in the memory of unknown soldiers. Thereafter
he reaches the main dais at Rajpath to join other dignitaries, subsequently the President arrives along
with the chief guest of the occasion. First he unfurls the National flag, as the National Anthem is
played, and a 21–gun salute is given. Next, important awards like the Ashok Chakra and Kirti
Chakra are given away by the President, before the regiments of Armed Forces start their march
past.
The different regiments of the Army, the Navy and the Air Force march past

Rule of law in India
Rule of law in India When the rule of law disappears, we are ruled by the whims of men – Tiffany
Madison Introduction What does rule of law mean? In laymen terms, law should rule, people should
obey the law. The earliest form of this type of governance could be traced back to 1750 BC. The
Hammurabi code, popularly known as an 'eye for an eye', off course it was the most primitive form
of law which was used to obtain justice. In a democratic nation especially India, our constitution is
the supreme law. Although the term rule of law is not used in our constitution anywhere, it is
accepted that India is a country which is governed by rule of law. However it finds its place in the
constitution as an underlying principle1 and hence this ... Show more content on Helpwriting.net ...
This allows the judiciary to be incorruptible, which in my opinion is important for judiciary to
uphold the laws. The remedy to approach the Supreme Court in case of infringement of fundamental
right under article 32, itself is a fundamental right. The judiciary over the years has strengthened this
powers by 1) by declaring judicial review as a basic feature of the constitution and making it non–
amendable by the parliament.2) Introducing the concept of Public interest litigation which enables
the masses to reach justice. 3) It also has the power to look into the constitutional amendments. The
above mentioned aspects of the judiciary are effective in upholding the law. Independent judiciary
armed with such powers is important for sustaining rule of law. In reality, there are certain aspects of
our judiciary which interferes with sustainability of rule of law. The judiciary is a separate body and
their accountability is limited, the judges might start to act above the law and there are not many
effective checks on the judiciary. The idea of establishing National Judicial Council to check the
activities of the judiciary has been discussed for a long time but no progress has been made yet.4
Apart from the above loopholes, the biggest problem of the Indian courts I feel is the delay in the
judgments. Many cases go on for decades, the popular example being the royal family case in
Bengal which has been going for 175 years now.5 The delay of

Essay on the Constitution of India
The constitution defines our national goals of democracy, socialism and secularism, guarantees
equality, liberty, justice, etc., to the citizens. It confers on us our fundamental rights and duties and
also contains the directive principles for the government. It tells us about the intensions of our great
leaders who drafted and gave us our Constitution.
The farming of our constitution
Indians had been demanding complete independence since 1929. Eventually, in 1945, Mr. Clement
Atlee, who was sympathetic towards the Indians, became the Prime Minister of England. He sent the
Cabinet Mission to India to solve the political problem (whether to divide the country or to leave it
united) and to devise means of granting her independence. It ... Show more content on
Helpwriting.net ...
It abolishes untouchability. It states that all citizens can use public employment.
All titles such as 'Sir', Rai Bahadur, Khan Bahadur, have been abolished by the Constitution to
remove class distinctions and maintain equality. Article 18 prohibits the state from conferring such
titles. It can only confer military or academic awards. No citizen of India is permitted to accept any
title even from any foreign state, especially if he is employed in a government job, without the
permission and consent of the President of India.
Right to Freedom:
In a democratic country like ours, safeguarding the freedom of an individual is very essential. Six
freedoms have been granted to the citizens both individually and collectively. They are:
a. Freedom of speech and expression;
b. Freedom to assemble peacefully without arms;
c. Freedom to form associations or unions;
d. Freedom to move freely throughout the territory of India;
e. Freedom to reside and settle in any part of the country; and
f. Freedom to practice any profession or to carry on any occupation, trade or business.
But there are certain restrictions or limitations on these freedoms. For instance, the right to freedom
of speech does not mean that we can say anything to anyone. Our freedom to speech does not entitle
us to make statements that are not in the interest of the security of the nation or sours ours relations
with other countries.
Similarly, the right to freedom of movement is also subject

Examples Of Ethical Issues In The Movie
6. Do you think the form of presentation of ethical issues in that art–form a correct portrayal of the
ethical issue? Was it lost in details or made subtle, intangible and more convincing? 300 words.
The ethical issues manifest in the form of unintentional irony. Bruner remarks in the first half of the
movie that she is an agnostic, skeptical woman and does not believe in Father Moore's explanation
of the events that have transpired. Later on when she herself experiences some events that veer on
the threshold of the supernatural, she decides to prove to the court that Emily in fact was possessed
by demons. In the end, failing to produce adequate evidence, she manipulates the jury using Father
Moore's background and influences them further by invoking their faith, the faith that she has newly
discovered.
If the viewers find themselves engaging with the supernatural aspect of the film, they certainly miss
the ethical breach that Bruner commits. Because the viewer follows the movie only from the point
of view of either Bruner or Father Moore, they are oblivious to the manipulation that Bruner and
Father Moore execute throughout. The ethical issue is not presented as the central issue – the use of
religious sentiments to sway the public ... Show more content on Helpwriting.net ...
In the movie, when Emily was refused medical aid (approved by her), raises the question, whether
right to life include, right to die. In Indian context, Supreme Court in the case of Gian Kaur v. State
of Punjab 1996 AIR 946 held that "Art.21 is a provision guaranteeing protection of life and personal
liberty and by no stretch of imagination can extinction of life' be read to be included in protection of
life." Further, in State of Punjab v. M.S. Chawla (dated 17 December, 1996), it has been held that–
the right to life guaranteed under Article 21 includes within its ambit the right to health and medical
care which were not granted in this

Constitution
Facts This writ petition under Article 32 of the Constitution of India, raising a question of public
importance involving the interpretation of Articles 74 (pari materia to Article 163) and 156 of the
Constitution, has been referred to this six–judge Constitution Bench. On August 7th, 2014, President
Pranab Mukherjee issued a Presidential order removing Mizoram Governor Kamla Beniwal with
barely four months left of her tenure. Ms. Beniwal, who had crossed swords with PM Narendra
Modi as Gujarat governor, was only recently transferred to Mizoram. According to Ms. Beniwal, she
was transferred after a nudge from home secretary Anil Goswami to quit did not elicit the desired
response from her. The Government has stated that the decision to ... Show more content on
Helpwriting.net ...
It is requested that these orders may be conveyed to the officer concerned under intimation to the
Government." By an order dated 15 December, 1969 the services of the appellant Ishwar Chand
Agarwal were terminated. The order was as follows: "On the recommendation of the High Court of
Punjab and Haryana, the Governor of Punjab is pleased to dispense with the services of Shri Ishwar
Chand Agarwal, P.C.S. (Judicial Branch), with immediate effect, under Rule 7(3) in Part D' of the
Punjab Civil Services (Judicial Branch) Rules, 1951, as amended from time to time". The appellants
contend that the Governor as the Constitutional or the formal head of the State can exercise powers
and functions of appointment and removal of members of the
Subordinate Judicial Service only personally. The State contends that the Governor exercises
powers of appointment and removal conferred on him by or under the Constitution like execute
powers of the State Government only on the aid and advice of his Council of Ministers and not
personally. The appellants rely on the decision of this Court in Sardari Lal v. union of India & Ors.
(1971)3 S.C.R. 461 where it has been held that where the President or the Governor, as the case may
be, if satisfied, makes an order under Article 311(2) proviso(c) that in the interest of thesecurity of
the State it is not expedient to hold an enquiry

Advantages And Disadvantages Of Caste
Some disadvantaged groups in India which are identified on caste basis have been discriminated
against for centuries, and are still not protected despite the numerous laws. These groups are to be
provided with equality of opportunity and autonomy and more importantly a social safety net was
needed – that is a boost or ladder is required so that the more advanced forms of equality can be
introduced and society can be balanced. Constitution provided reservations for SC/ST's in this
context and is called fair discrimination. The key point here in the practice of this is – there are no
people from disadvantaged groups in the upper echelons of society, and as long as they do not have
a percentage equal to their share in the population in these elite ... Show more content on
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But here equality means equal opportunities for two really equal groups but what we have now is
one economically & socially advanced individual competing with resources lacking, economically
constrained and in most of the cases faced with severe poverty and severely socially repressed
individual fighting to survive in this big world. Suggestions that one should improve the basic
standards of the socially and educationally backward and provide them the education and make
them compete on merit is welcome but sheer common sense makes it clear that this is not a
substitute for the State Affirmative

Role Of India 's Success As A Self Governing Country
Change for the Better Although India has been controlled by foreign rulers for centuries the people
of India have decided they no longer will stand by and be governed by an outside source. The
British Governor Generals have proposed a constitution for India saying it is the best plan for a free
India; however they are wrong. There are several issues which can be detrimental to India's success
as a self–governing country. The British need to stop treating the people of India as children, by
telling them what they need, and instead let them decide for themselves. One issue in the
constitution proposed is the lack of a national judicial system. Another is the income of the national
government is based upon the provinces and therefore there is no way to enforce the standards the
national government sets. An additional issue is the weaknesses of a decentralized government.
While there are several other minor issues, the biggest issue of all is the English Rights Clause.
Although the national government controls the judicial standards, there is no national judicial branch
to be able to do so. With a national judicial branch, cases from the provincial level can be appealed
and reviewed at a national level. This will help to regulate standards of punishments to the crime
committed. As stated in the constitution, "[i]t is the job of the decentralized governments to
determine what is and is not the severity of the crime." The provinces should be able to create laws
and the penalties

The Fundamental Rights Of The Indian Constitution
INTRODUCTION The fundamental rights were preserved in Part III of the Indian Constitution. It
guarantees the following rights and freedoms. 1. Right to equality; 2. Right to freedom; 3. Protection
in respect of ,conviction for offences; 4. Protection of life and personal liberty; 5. Right to
education; 6. Protection against arrest and detention in certain cases; 7. Right against exploitation; 8.
Right to freedom of religion; 9. Cultural and education rights; 10. Right to constitutional remedies.
The terms "fundamental rights" have not been defined in the Constitution. Article 12 imposes duty
on the state to protect citizens for enjoying the Fundamental Rights. Each article has a distinct,
important and valuable fundamental right empowering the citizens. These rights primarily aimed at
assuring political freedom to the citizens by protecting them against excessive State action. They are
given a pride of place in the Constitution by the Drafting Committee. Directive Principles were
enumerated in Part IV of the Constitution. Due to the judicial enforceability of FR and its nature
being negative obligation of the state, many a times there has been a contrast between part III and
part IV i.e. between fundamental rights and directive principles, despite being a part of the same
constitution. The Fundamental Rights are enforceable. Whereas the directives are non ¬justifiable
and are more in the nature of positive affirmations of the state. However in recent time, some of the

Application Of Rule Of Law Essay

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