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Restriction on Freedom of Speech and Expression in India
Introduction The right to freedom of speech and expression is a fundamental right guaranteed by the Indian constitution. It is one of the most important rights of citizens of India. This right is essential for the functioning of a democratic society. However, this right is not absolute and is subject to certain restrictions. Restrictions on speech ...
Rationale behind Death Penalty in India: Recent Judgments
Capital punishment is the lawful penalty for certain crimes according to the Indian Penal Code and certain other legislations. The primary mode of execution is hanging, as prescribed by Section 354(5) of the Criminal Code of Procedure, 1973, which mandates that the convict be hanged by the neck until death. Capital punishment is awarded only in 'ra...
Collegium System for Appointment of Judges and Controversies
The Constitution of India provides provisions for the Union Judiciary in the Part V, Chapter IV (Articles 124 to 147) of the constitution. Similarly, Part VI Chapter V (Articles 214 to 232) deals with the High Courts in the States. According to article 124(2) of Indian Constitution, "Establishment and constitution of Supreme Court: Every Judge of ...
Transfer Petition in Supreme Court
Access to justice refers to the ability of individuals to have their legal rights and grievances addressed through the legal system. It involves ensuring that individuals have the resources and opportunities necessary to participate in the legal process and to have their legal disputes resolved fairly and efficiently. The essence of access to justi...
WRITS UNDER INDIAN CONSTITUTION
Many powers have been granted to the Supreme Court and the High Courts, which they use to deliver justice to the people. The ability to issue writs is one of the most significant instruments or powers that the constitution has given the courts. A Writ is a directive issued by a court to another person or authority requiring them to act or ref...
The 10th Schedule of the Indian Constitution(Anti-Defection Law): By Ishant Tambi
The term "Aaya Ram Gaya Ram'' gained popularity in India after Haryana legislator Gaya Lal switched parties three times in a single day. The state and central governments faced unstable functioning conditions as a result of frequent defection by elected and nominated party members. An anti-defection law was regarded as being necessary to try to sto...
Judicial activism: Political Issues
JUDICIAL ACTIVISM- MEANING In the US, judicial activism was originally proposed in 1947. It has been observed in India since since the Emergency period began. A country's attempts to defend and develop the rights of its inhabitants depend heavily on the court. Judicial activism is the term for the judiciary's proactive involvement in defending the...
What are Humanitarian Laws? | War & Humanity
INTRODUCTION The law of armed conflict, the law of war, and their repercussions are controlled by international humanitarian law. International humanitarian law aims to protect particularly vulnerable people and to lessen the harm that war causes to people and property. WHAT DOES HUMANITARIAN LAW MEAN? A system of laws known as international hu...
USA Gun Policy | Comparison with other countries
INTRODUCTION: Recently, a debate over the gun laws has been progressively debated over many years due to mass shootings in the civilian setup. Rampant, gun violence is the main cause behind the death of adults and children in the United States. The ready availability and ownership of guns and other arms increases the rate of gun homicides in the U...
Importance of Secularism in a Democracy
“Sarva Dharma Sambhava” is what defines Secularism in Indian Democracy. All religions have been given equal status and treatment under the Indian Constitution. Secularism is indifferent to politics, economics, and social and cultural aspects and hence is considered a purely personal matter of a person. It is akin to the Vedic concept “Dharma Nirape...
Article 19 | Constitution of India | Freedom of Speech
"FREEDOM OF SPEECH IS NOT AN ABSOLUTE RIGHT AND CAN BE RESTRICTED IN CERTAIN CIRCUMSTANCES" John Milton rightly said “Give me the liberty to know, to utter and to argue freely according to conscience, above all liberties”. Since the existence of humanity, humans have always craved for the freedom of expression but reasonable restrictions and cens...
Constitutional Validity of Gujarat Land Grabbing (Prohibition) Act, 2020
INTRODUCTION: Understanding the Gujarat Land Grabbing (Prohibition) Act, 2020 in context of the illegal activities of land grabbing is a look out for this article. The Article will explain the intense situation which the state has been witnessing of increasing land grabbing activities from the past few years. The top tier cities of the state like ...
One Nation One Election
BACKGROUND India did start out with simultaneous elections. In 1952 and 1957, the Lok Sabha and state legislatures both went to the elections at the same time. The cycle was first interrupted in Kerala in July 1959, when Jawaharlal Nehru's administration utilised Article 356 of the Constitution to dismiss the Communist E M S Namboodiripad's gove...
Right to Privacy as Fundamental Right in India
THE RIGHT TO PRIVACY IS PROTECTED AS AN INTRINSIC PART OF THE RIGHT TO LIFE AND PERSONAL LIBERTY UNDER ARTICLE 21 AND AS A PART OF THE FREEDOMS GUARANTEED BY PART III OF THE CONSTITUTION. To read the definition by Oxford "A state in which one is not watched or disturbed by other people," or "the state of being free from public attention." As a res...
Minorities and the Indian Constitution
It is always the minorities that hold the key to progress and success. An ethnic group is a collection of people who share a culture, a language, and a set of customs. Some ethnic communities banded together in the nineteenth century and declared their nation-states over the areas they occupied. These communities may be ethnically distinct from t...
Electricity (Amendment) Bill 2021- Necessity, Penalties, Criticism
The electricity act,2003 was sanctioned by the parliament to transform the power sector in India. The act was brought to solve major issues like generation distribution transmission and trading in the power sector. The act brought many beneficial reforms in the power sector and according to a report by Quartz, India is the world's third-largest el...
"Constitutional Tort" By Dr Vinod Surana, Managing Partner & CEO
[https://prod-lawyered.s3.amazonaws.com/media/blogHone/articleImages/ca2e1b45895e4d7ca7aaed48ad76ba52.gif] By Dr Vinod Surana, Managing Partner & CEO, Surana & Surana International Attorneys Read More at : First Published on Live Law [https://www.livelaw.in/law-firms/law-firm-articles-/constitutional-torts-dr-vinod-surana-180192] The responsibil...
The Golden Triangle of The Indian Constitution: Articles 14, 19 and 21
ARTICLES 14, 19 AND 21 Introduction Author : Pooja Dua Lawyered is a legal platform that provides legal advice and resources for those looking to understand the Indian Constitution and its Golden Triangle of Articles 14, 19 and 21. Embodied with 449 articles, 12 schedules, 25 parts, 5 appendices and 101 amendments, The Indian Constitution is...
#EnablingFutureLawyers on Current scenario of human rights education in India with Adv. Antriksh Bhaskar
Presenting a one-of-its-kind month long talk show for chancellors/Vice-chancellors to know the present scenario of legal education and how the students are preparing themselves for the betterment of the nation.This series of events is to bring out the importance of legal knowledge and how it is equipped in the students. The next episode brings toge...
#EnablingFutureLawyers on "Dissenting judgments and its overview" by Adv. Jaydeep Mehta
Presenting a one-of-its-kind month long talk show for chancellors/Vice-chancellors to know the present scenario of legal education and how the students are preparing themselves for the betterment of the nation.This series of events is to bring out the importance of legal knowledge and how it is equipped in the students. The next episode brings toge...
Provisions for covid hospitals and rights of patients #AMALawyered with Adv. Prasanna Joshi
Lawyered presents the next clip in its Ask-Me-Anything series, in association with Adv. Prasanna Joshi Question: What are the regulations that are to be followed by covid hospitals and what are the rights granted to patients?
#QuoteUnquote on Delhi HC notice on service of summons by Adv. Antriksh Bhaskar
Considering the surge in COVID-19 cases in the national capital, the Delhi High Court has permitted service of notice/summons/daks through email, fax or WhatsApp. Watch Adv. Antriksh Bhaskar tells us more about this notice.
Abolishment of Film Certification Appellate Tribunal #QuoteUnquote by Adv, Sravya Katta
The decision of Ministry of Law and Justice to abolish Film Certification Appellate Tribunal came as a shock to the film industry. Many filmmakers expressed their disappointment on Twitter. Watch Adv. Sravya Katta as she tells us about the decision of the Ministry and why was the abolishment needed.
Government of NCT of Delhi (Amendment) Bill, 2021 #QuoteUnquote with Adv. Prakhar Dixit
The President of India, Ram Nath Kovind on Sunday gave assent to the Government of National Capital Territory of Delhi (Amendment) Act, 2021, which enhances the powers of the Lieutenant Governor and limits the elected government's power in Delhi. Watch Adv. Prakhar Dixit as he gives a clear picture about the bill and detailed explanation of all the...
2nd Surana & Surana Knowledge Series "Populism in Democracy"
Democracy is eroded by populist leaders and a majority population who is poor, with high aspirations. Democracy’s constitutional guardians, the people, are losing to populist leaders and technocrats. Politicians do not represent ideas or policy positions; they stand for groups of people. The legitimacy, populists claim, is cloaked in the will of t...
"Slum Rehabilitation in Mumbai – An Overview" By Amee Shah
Mumbai is the financial capital of India and one of the most populated cities in the world. Over the years, it has attracted a mass of people or migrants from all across the country. Due to this, the population of Mumbai has gone up considerably, and the alarming fact is more than 50% of its residents are spread over in around 2397 slum clusters. T...
Public Interest Litigation and Right to Information #MentorHours by Adv. Sravya Katta
We have all heard the words PIL and RTI time and again in the news from lawyers, politicians and social workers among others. But do you know what these mean? How are they useful? Lawyered is pleased to announce its next session of #MentorHours [https://www.youtube.com/hashtag/mentorhours] on PIL and RTI by Adv. Sravya Katta [https://www.lawyered.i...
Workshop on India 2021 & Beyond: Voters Rights and Duties In Atma Nirbhar Bharat with Sanjiv Dagar
Any democracy is only as empowered as its voters. Voters are only as empowered as the democracy allows them. This is how the dynamic of voters and democracy plays out. The pandemic has tested the strength of all countries. What then, is the duty of the voters towards keeping them up and running? Not many may have thought of it - but it is food for ...
#QuoteUnquote on Contempt Laws of India by Adv. Hallel Ben
Lawyered [http://www.lawyered.in] presents the next video in its brand new video series: #QuoteUnquote [https://www.youtube.com/watch?v=XAbTZdtCBfA&list=PL-uyYxj7oSsJnAke5ExsY7Xa6qHGLrVZs]. The Attorney General KK Venugopal has consented to contempt proceedings being initiated against comedian Kunal Kamra and cartoonist Rachita Taneja. What are the...
Lawyered celebrated Constitution Day, 2020
On the occasion of Constitution Day, a very informative webinar was organized by Lawyered wherein eminent speakers like Mr. (Retd.) Justice AK Ganguly - Former Judge, Hon'ble Supreme Court of India, Mr. Mahavir Pratap Sharma - Chairman, TiE Global, Ms. Megha Rahul Singh - GC, Elasticrun and Mr. Sanjiv Dagar - Managing Counsel -Legajoist, opined t...
What is the doctrine of "ultra vires" in the Indian Constitution? #AMALawyered by Adv. A Arumugam
Lawyered [https://www.lawyered.in/admin/] presents Advocate Arumugam Arunachalam [https://www.lawyered.in/lawyer-profile/arumugam-arunachalam-5689/], in Ask-Me-Anything #AMALawyered [https://www.youtube.com/results?search_query=%23AMALawyered] series. Question: What is the doctrine of "ultra vires" in the Indian Constitution? Lawyered [h...
#QuoteUnquote on High Courts too have the power to strike down central laws by Adv. Kushal Sarkar
Lawyered [http://www.lawyered.in] presents the next video in its brand new video series: #QuoteUnquote. See Adv.Kushal Sarkar [https://www.lawyered.in/lawyer-profile/kushal-sarkar-5871/] discuss the Hon'ble Supreme Court of India's judgment holding that the High Courts too have the power to strike down central laws. Lawyered [https://lawyered...
#QuoteUnquote on We are trying to cut down Art. 32 jurisdiction by Adv. Kushal Sarkar
Lawyered [http://www.lawyered.in] presents the next video in its brand new video series: #QuoteUnquote. See Adv.Kushal Sarkar [https://www.lawyered.in/lawyer-profile/kushal-sarkar-5871/] discuss the Hon'ble Chief Justice of India's statement in the Supreme Court "We are trying to cut down Art. 32 jurisdiction" Lawyered [https://lawyered.in/] ...
"Artificial Intelligence: Legality And Legal Status As A Person" By Prakhar Dixit
[file:///D:/Data/Pictures/Saved%20Pictures/download.jpg]With far-reaching, worldwide, rapid acceptance, the movement of reception for AI and psychological advances continues unabated. In any event, this growth of adoption puts pressure on the system, as current rules and laws struggle to cope with rising challenges. Thus, governments around the wor...
#QuoteUnquote on Rajasthan's 3 Farmer's Bills by Adv. Ishant Tambi
Lawyered [http://www.lawyered.in] presents the first video in its brand new video series: #QuoteUnquote. See Adv. Ishant Tambi [https://www.lawyered.in/lawyer-profile/ishant-tambi-5532/] comment on Rajasthan's 3 farmer's bills passed by the Rajasthan Assembly on 2 November, 2020. Lawyered [https://lawyered.in/] - On a mission to help peopl...
Allegation of Curruption in Judiciary
ALLEGATION OF CURRUPTION IN JUDICIARY [https://prod-lawyered.s3.amazonaws.com/media/blogHone/articleImages/ca2e1b45895e4d7ca7aaed48ad76ba52.gif] Andhra Pradesh Chief Minister Y S Jaganmohan Reddy takes the judiciary head-on, saying it was obstructing his functioning at the behest of his predecessor, who was operating levers with the help of a sit...
Decriminalisation: Though In Vogue, May Not Fit All Offences By Ramasamy Santhanakrishnan
It is not surprising that the outbreak of Covid-19 negatively impacted not just the health of several people but also the economy of the country. While both the Centre and State Governments are struggling to resuscitate and revitalize both these crucial sectors, attempts to revive the economy are being made with great promptness by the Central Gove...
The Power of Permanent Lok Adalats By Prashant Chandra
Permanent Lok - Adalat (PLA) is a friendly and amiable forum. It reduces the load on the overburdened judicial administration, particularly in the times of the pandemic. It is an alternate forum for certain Public Utility Services, enables creativity amongst members of the legal fraternity while providing quicker resolution of disputes, justice and...
Litigants And The Lockdown: A Court Perspective By Kishan Dutt, Retired Judge
"In the months since the lockdown has been announced, the Supreme Court and many High Courts have made a fit case for moving proceedings online and making filings to the registrar through E-mail. Courts have even passed decorum rules for the presentation of lawyers during these online proceedings. Most importantly, courts have reduced the staffing ...
Court Language in India: Divided by English as a Common Language
Court Language in India: Divided by English as a Common Language Court Language in India: Divided by English as a Common Language “You can never understand one language until you understand at least two.” – Geoffrey Willans In this competitive world, the legal professionals and the litigants expect that their concerns are communicated and co...
Disaster Management Act, 2005: As Applied To COVID-19 Pandemic And Legal Issues Involved
Author - Sunny Shah [https://prod-lawyered.s3.amazonaws.com/media/blogHome/articleImages/corona.jpg]By this Post, I have analysed the provisions of the Disaster Management Act, 2005 (Act) and how they have been applied to the COVID-19 Pandemic. I have also discussed various legal issues concerning the Act, such as interplay with the Fundamental Ri...
Law Of Sedition - Urges to Cover Social Media
LAW OF SEDITION NEEDS TO COVER SOCIAL MEDIA AND HANDLES UNDER ITS PURVIEW Author - Vinay Singh Chandel “Exceptions do not make the rule nor render the rule irrelevant.” — R C Lahoti, J in Javed Vs State of Haryana (2003) 8 SCC 369 Recently, a law student of JamiaMiliaIslamia mentioned in her social media that the term “war criminal” be used ...
How to File Case for Defamation in India | Defamation Suit
HOW TO FILE CASE FOR DEFAMATION IN INDIA - DEFAMATION SUIT WHAT IS A SUIT FOR DEFAMATION? Defamation is defined as an act of harming one’s reputation in an oral or written statement. The term “reputation” is referred to as an integral and important part of an individual’s dignity. Suit for defamation can be done verbally as well as in a written ...
What are Privacy obligations in relation to Covid- 19 Data by Advocate Anupam Prasad #AMALawyered
Lawyered [../../../../../] presents Advocate Anupam Prasad [../../../../../lawyer-profile/anupamprasad-157/], Partner - AP Law Chambers, in Ask-Me-Anything #AMALawyered [https://www.youtube.com/results?search_query=%23AMALawyered] series by Lawyered. Situation: What are the Privacy obligations in relation to Covid- 19 related Data in India? La...
Introduction To National Security Act
Author - Yashasvita Apte INTRODUCTION TO NATIONAL SECURITY ACT The history of the National Security Act 1980, (“NSA/Act”) finds its beginnings in the Preventive detention laws of India, which can be traced back to the early colonial era when the Bengal Regulation III of 1818, was enacted which empowered the government to arrest and detain anyone...
Privacy obligations, Covid- 19 related Data in India by Advocate Saurabh Upadhyay #AMALawyered
Lawyered [../../../../../] presents Advocate Saurabh Upadhyay [../../../../../lawyer-profile/saurabh-upadhyay-1804/], Founder - Upadhyay & Co., in Ask-Me-Anything #AMALawyered [https://www.youtube.com/results?search_query=%23AMALawyered] series by Lawyered. Situation: What are the Privacy obligations in relation to Covid- 19 related Data in India...
Proof of Foreign Law in Private International Law |Foreign Law Expert
PROOF OF FOREIGN LAW IN PRIVATE INTERNATIONAL LAW AUTHOR - SUDIPTO SIRCAR The multifaceted process known as globalization has increased the frequency with which courts are called upon to decide foreign law issues. The basic principle of the common law tradition is that facts are international laws, not rules. Accordingly, a common-law judge is n...
Right to Access Internet Is Part of Right To Privacy & Right To Education: Kerala HC
Author - Prakhar Dixit FAHEEMA SHIRIN.R.K VS STATE OF KERALA AND OTHERS On 19th September, 2019 Faheema Shirin, a 19-year-old student in Kerala, who was suspended from an all-girls' hostel for demanding Internet access from 6pm to 10 pm filed a petition that right to access internet is a fundamental right forming part of right to privacy unde...
Delhi High Court Issues Directions To Organise Functioning of Anti-Human Trafficking Unit
Author - Advocate Shushila Ram One Mr Surender Sah filed a Writ Petition of Habeas Corpus in the Delhi High Court as his girl child Ms Naina Kumari, allegedly aged 15 years, has been missing since 14th October 2019. [http://www.theindianlawyer.in/blog/wp-content/uploads/2020/02/766107-human-trafficking-01.jpg]On 20th February 2020, the Hon’ble Div...
Interview on Citizen Amendment Act 2019 with Advocate Faris Ahmed
Lawyered [../../../../../] interviewed Advocate Faris Ahmed [../../../../../lawyer-profile/farismohd-377/] on Citizen Amendment Act, 2019. He says "The assertion of legislative competence and authority is, however, buttressed by a higher-order normative claim drawn from the Constituent Assembly". Advocate Faris Ahmed has a varied and successful c...
Section 377 Repealed
Author - Associate Shereen Abdin The constitution of India is the most honoured expert in the nation, implemented in 1950. The constitution sets down the structure of the nation, methodology, promising to promote for its citizens' justice, equality and liberty. With time, a portion of the Section which damages essential rights are being revoked a...
Right to Access Internet Is Part of Right To Privacy And Right To Education: Kerala HC
Author - Associate Shereen Abdin The decision went ahead an appeal recorded by a Kozhikode undergrad testing her rejection for not sticking to confinements on the utilization of cell phones. The Kerala High Court on Thursday held that the privilege to approach the Internet is a piece of the central right to training just as the privilege to prote...
Diverse Law Making in India- One Nation
DIVERSE LAW MAKING IN INDIA- ONE NATION Author - Associate Kantika Mukherjee Law making in India is a diverse process The Indian Constitution keeps evolving with time. The lawmakers had interpreted the constitution it in many ways and when any bill, bye-laws have been passed, and it relies on how one understands the wordings of law because India ...
Parliamentary Procedure Requiring Super-majority
Author - Associate Shereen Abdin A supermajority or supra-larger part or a certified proposal means that Vote by a supermajority of legislators is the prerequisite to bring about a change in any parliamentary procedures. It is also a prerequisite for a proposition to increase a predefined level of help which is more prominent than the edge of more...
De-criminalization Of Narcotics
Author - Associate Shereen Abdin As Punjab, Manipur, Mizoram, and Assam fight wild medication maltreatment among its people, a main autonomous research organization engaged with legitimate research on Wednesday firmly suggested that India ought to decriminalize tranquillize utilization. The Vidhi Center for Legal Policy in a report discharged on ...
Right to Information: The Current Legal Status
Author - Associate Zarmeen Jahan INTRODUCTION Right to Information (RTI) is a demonstration of the Parliament of India to accommodate setting out the handy system of the privilege to data for natives and replaces the past Freedom of data Act, 2002. Under the arrangements of the Act, any resident of India may demand data from an "open power" (a g...
Legal History of Article 370 and 35(A) and Current Status
Author - Associate Zarmeen Jahan Preceding 1947, Jammu and Kashmir was a state under the British Rule. The individuals of the states were "state subjects", not British provincial subjects. Mr.Maharaja Hari Singh (1895 -1961) was the king of Jammu and Kashmir during 1925-1961. Lord Louis Mountbatten tried to make Hari Singh understand to join eithe...
What is Public Interest Litigation and how does it work in India?
Author - Advocate Jatin Sharma What is PIL and how does PIL work .Public Interest Litigation (PIL) implies a legal action initiated in a court of law for the enforcement of public or general interest in which the public or general class of the community have some pecuniary or other interest by which their legal rights or liabilities are affecte...
Rule Of Law
Author - Associate Zarmeen Jahan To comprehend the idea of the principle of law, it is to be grasped that the state is administered not by the ruler or the designated agents of the individuals yet by the law. The term 'Rule of Law' is no place characterized in the Indian Constitution however this term is frequently utilized by the Indian legal exe...
Decriminalization of Section 377 | Sec 377 IPC Amendment
DECRIMINALIZATION OF SECTION 377: REALITY OR FACADE? Author - Associate Aashi Agrawal On September 6, 2018, a historic judgment was made by the Supreme Court of India decriminalizing Section 377 of Indian Penal Code. Supreme Court ruled that consensual adult gay sex is not a crime. The verdict included the members of the LGBTQ (Lesbian, Gay, Bise...
Laws Lifting Sovereign Immunity
Author - Associate Tarannum Siddiqui Despite every evidence being present in a particularly disfavoring scenario against the state or any of its representatives, the Sovereign Immunity can save all of them. Some countries proffer the sovereign immunity to its government, whereas some deal with it otherwise. There is a different policy on sovereign...
The legality of PAN and Aadhaar being used interchangeably for filing of returns - in light of the Puttaswamy judgment
Author - Associate Sanjani Shah In the Union Budget 2019, Finance Minister Nirmala Sitharaman had announced in her Budget speech that Pan Cards and Aadhar Cards be interchangeable for filing Tax returns. Now, taxpayers can file Income Tax returns without having a PAN card. They can fill Income Tax returns with their Aadhar Card number as well. In...
Media as the Fourth Pillar of Democracy | Lawyered
MEDIA AS THE FOURTH PILLAR OF DEMOCRACY AUTHOR - ASSOCIATE SHEREEN ABDIN “The moment we no longer have a free press, anything can happen. What makes it possible for a totalitarian or any other dictatorship to rule is that people are not informed.” -Hannah Andret Media is the fourth pillar of democracy . It makes us mindful of different social, ...
What is the Importance of Artcile 15 in the Constitution?
WHAT IS THE IMPORATNCE OF ARTCILE 15 IN THE CONSTITUTION? Author: Associate Aswini Ramesh In India, the constitution is the supreme law of the land. As declared in the preamble of the constitution, India is a secular, democratic and republic nation which has created the necessary provisions to safeguard the interests of the entire population of t...
What are the Different Sources of Law in India
What are the Different Sources Of Law in India? Author - Associate Aswini Ramesh The term law is very diverse in nature. In today’s world, it is essential to have an effective legal system for the orderly function of social life and the existence of mankind. It is essential for everyone to be aware of the law of the land to avoid any unethical be...
Is an Exit Poll Legal?
Author - Associate Megha Motwani What is it? The exit poll is the poll of voters taken just after they exit the polling station. But if you’re going to get the real results in just a few hours, what’s the point of an exit poll? Well there are several points. First, because election is big impactful things, it’s only human nature for people to want...
What Rights Are Available To Non Citizens in India?
Author - Associate Nupur Mehrotra NRI (non-resident of India) is defined as a person who is born in India but lives abroad either for education purpose or for any business reason and also the time period of coming back is uncertain. Also, there are Indian citizens who work with the organizations like United Nation Organizations, World Bank, etc te...
Kesavananda Bharati v. The State of Kerala: An Impact Analysis
Author - Associate Debasmita Patra In the words of renowned author and publisher Zia Mody, the Kesavananda Bharti v. State of Kerala case has “protected the Indian State from collapsing like many of its South Asian counterparts, whether through totalitarian rule, military coups or extra-constitutional means.” But before probing into the details of...
Vacation Courts Meaning, Significance of Vacation Benches
Author - Associate Nupur Mehrotra Vacation of court can be defined as the time between the end of one year of court and the beginning of another year and also during this vacation time period there is no function performed by the court. In common law vacation is defined as‘‘That period of time between the end of one term of court and the beginni...
Data Privacy Laws and It's Applicability
Author - Associate Nupur Mehrotra Data protection laws [../../../../../../legal-disrupt/articles/curious-case-data-protection-india/] can be defined as the privacy laws, rules and the policies that ensure that the one's private data is completely protected and there is a reduction in crimes. Private data can be defined as the information which giv...
5 Public Interest Litigation Cases We Should Be Aware Of
Author - Associate Runa Jasia Public Interest Litigation is directly filed by an individual or group of people in the Supreme Court of India and High Courts of India and judicial member. The person who is filing the petition must not have any personal interest in the litigation, this petition is accepted by the court only if there is interest of l...
Pros and Cons of NOTA During Elections
PROS AND CONS OF NOTA DURING ELECTIONS Author - Associate Runa Jasia Vote is a formal indication of a choice between two or more candidates or courses of action, expressed typically through a ballot or a show of hands. Voting is not just about voting in any elections but it can happen during any contest in schools, music reality shows, dance real...
A Complete guide for filing an RTI Online & Offline
A COMPLETE GUIDE FOR FILING AN RTI ONLINE & OFFLINE The Right to Information Act is one of the fundamental rights that an Indian citizen is entitled to. RTI can be exercised by adult Indian citizens to know what is happening with the government. Under the Right to Information Act, 2005, RTI can be exercised by every citizen has the freedom to ...
What Are The Different Ways of Voting System in India?
WHAT ARE THE DIFFERENT WAYS OF VOTING SYSTEM IN INDIA? Author: Associate Runa Jasia A vote is a formal indication of choice between two or more candidates or courses of action, expressed typically through a ballot or a show of hands. There are different types of voting system in India. Eligibility to cast a vote · The person must be a citi...
Know Everything About The Different Types Of Election In India
DIFFERENT TYPES OF ELECTION IN INDIA Author: Associate Megha Motwani The crucial question of 2019, whom to vote for and how many types of election in India? Mainstream media, social media everywhere we are witnessing a debate on who is going to be our prime minister? But one must acknowledge the fact that there’s no direct election for the prime...
Triple Talaq Banned, New Laws in 6 Months
Five seniormost Supreme Court judges, all of different faiths, today declared the Muslim practice of triple talaq or men getting an instant divorce by uttering "talaq (divorce)" three times, "illegal, sinful and retrograde". Triple talaq "is not integral to religious practice and violates constitutional morality", said the judges who are from majo...
"Inform Rights About Their Rights Before Arrest" -HC
The Delhi High Court has directed the Centre and the AAP government to run an awareness campaign informing the general public about their rights in the event of arrest or detention by the police in criminal cases. A bench of Acting Chief Justice Gita Mittal and Justice C Hari Shankar observed that there were Supreme Court judgements stating that n...
Should Betting be Legalized in India?
UNDERSTANDING THE CONCEPT OF BETTING Betting can be understood as risking money on the outcome of any uncertain event. For instance, people betting on sports events such as cricket matches, which is not legal in India. People bet their money on a certain team to win the match which will help them earn money off people who lost the bet. This often ...
What are the Duties & Responsibilities of a Consumer | Lawyered
RESPONSIBILITIES & DUTIES OF CONSUMER WHO IS A CONSUMER? According to the Consumer Protection Act 1986, a consumer is a person who purchases goods and/or services for his own use and not for reselling or using the goods for production or manufacturing. Thus, if a person buys a loaf of bread for eating it he/she is a consumer but when a person...
List of PIL Cases in India | Public Interest Litigation Cases
Lawyered is your go-to resource for public interest litigation (PIL) cases in India. From famous PIL cases and examples to PIL case laws and more, explore our comprehensive collection of PIL-related information to help inform your legal decisions. Public interest litigation (PIL) cases, in simple words, are litigation cases for any public interest...
SC: Examination of Whatsapp Privacy Policy Today
The Supreme Court on Monday will begin to examine the privacy policy of messaging service WhatsApp. A five-judge Constitution bench will hear a petition filed by two users, who alleged that the right to privacy of more than 15.7 crore Indians had been violated by WhatsApp sharing its users’ personal information with its parent company Facebook. Th...
SC hearing on Triple Talaq: Here's a Timeline of Events
New Delhi: Following is the chronology of events in which a five-judge constitution bench of the Supreme Court on Thursday commenced hearing on a batch of pleas challenging the constitutional validity of 'triple talaq' and 'nikah halala'. Here is a timeline of the events. 16 October 2015: SC bench asks CJI to set up an appropriate bench to examine...
Supreme Court Looking to Legalize Sports Betting in India
The Supreme Court of India is considering whether sports betting and gambling could be allowed legally in India, reports the Times of India. Currently, online betting and gambling is outlawed and can attract a fine and imprisonment for individuals running a gambling house. Under the Constitution of India, state governments are empowered to frame l...
Dr. Shashi Tharoor Introduces Anti-Discrimination & Equality Bill in Lok Sabha
Lately, the political atmosphere of the country being flouted with words like ‘intolerance’, ‘dissent’, ‘anti-national’, the need for securing against baseless discrimination is getting very pressing. Not just the proven minorities, but pretty much anyone with an opinion that isn’t in line with the mainstream diktat seems to be living under threat....
Public Interest Litigation (PIL) in India | PIL Laws
PUBLIC INTEREST LITIGATION (PIL) IN INDIA Public Interest Litigation in India is a legal contest fought judicially, to armor the public interest. It is introduced in a court of law, not by the aggrieved party but by the court itself or by any other private party. It is not necessary, for the exercise of the court’s jurisdiction, that the person wh...
Why Triple Talaq Seriously Needs to Stop
In an initiative that is sure to forward the cause of women in India, Allahabad High Court criticized the Muslim practice of ‘triple talaq’, calling this form of arbitrary divorce ‘cruel’ and one that ‘impedes and drags India from becoming a nation.’ This Muslim divorce practice has been operational under the ‘Muslim Personal Law (Shariat) Applica...
National anthem must be played before screening of films: SC
New Delhi, Nov 30 (PTI): The Supreme Court today directed that cinema halls across the country must play the national anthem before the screening of a film and people should stand up as a mark of respect. The court also directed that the national flag should be shown on screen when the anthem is played. "People must feel this is my country and th...
Bill to Legalize Marijuana Cleared for Parliament
In what is a new and refreshing take on the ‘war on drugs’, started by the UN, a Punjab MP will propose a bill to legalize the use of marijuana in the winter session of the Parliament. This bill, proposed by Dr. Dharamvir Gandhi, a member of AAP has already cleared by the legislative branch to be introduced in the winter session. An amendment on t...
Voters have right to know edu qualification of candidates: SC
Voters have a fundamental right to know the academic qualification of a candidate and any false declaration on this count can warrant rejection of nomination papers, the Supreme Court has held. "Every voter has a fundamental right to know about the educational qualification of a candidate. It is also clear from the provisions of the Act, Rules and...