🤫📓 Doctrine of Silence (When constitution is expressly silent on a point of law) Read with Doctrine of Progressive interpretation and Emanation.


🌟 Brief of Doctrine
The Doctrine of Silence highlights how a constitution's unspoken or unwritten aspects are just as important as its explicit provisions.

Constitutional silence can reveal latent principles. Where the Constitution is silent, courts often infer rights or limitations through interpretation, filling gaps that the framers may have left open. For eg Doctrine of Basic Structure, despite no explicit mention of it. Similarly, Griswold v Connecticut 1965 case in USA saw Supreme Court infer right to privacy from various amendments, despite privacy not being explicitly mentioned in Constitution

The article distinguishes between door-closing silences (imply prohibition) and door-opening silences (open avenues for interpretation) Interplay between what is said and unsaid allows for judicial creativity.

R/W-
https://t.me/CurrentLegalGK/2989

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🌄 #Quote

‘You must not use a steam 
hammer to crack a nut, 
if a nutcracker would
do? In other words, 
proportionality is all about means and ends.

~R v. Goldsmith, [1983]
Justice Diplok

Use- Doctrine of Proportionality, Harmonious construction, test of reasonableness on balancing rights and restrictions both.


R/W-
https://t.me/CurrentLegalGK/2204?single

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The Welcome And Unwelcome Changes In Section 183 Of BNSS
https://www.livelaw.in/articles/comparison-between-section-183-bharatiya-nagarik-suraksha-sanhita-and-section-164-code-of-criminal-procedure-269492

⚡ Welcome change—
The expression “Magistrate of the District” in Section 183 of BNSS is a welcome change. Section 164 Cr.P.C did not confer the right to record confessions and statements to any “Judicial Magistrate” of the district. Hence, it could even be argued that a “Judicial Magistrate” of Tamil Nadu could record the confession of an accused involved in an offence committed in New Delhi. Now such an interpretation will not be possible.

🙃 Unwelcome Change—
Any Magistrate of the District in which the information about commission of any offence has been registered.

So if the information is registered in Assam and offence committed in punjab then only assam's Magistrate can record statement or confession.

⚡ Welcome Change-
Incorporation of this judgment directions in proviso of sub section 6
State of Karnataka, Nonavinakere Police v. Shivanna @ Tarkari Shivanna, {2014 SC}

Section 164 CrPC now 183 BNSS

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Mission Mausam ☔⛈️

Is there any right currently on good whether conditions?
I think MK Ranjitsinh v. Union of India, 2024 perfectly fits here because of the right against the adverse effects of climate change in extreme whether situation though it is very weak due to lack of any use and territorial application of climate which is not possible has nature as no boundaries.


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🕉️Translate this in Hindi on the occassion of हिन्दी दिवस 😊

Send your translated version-
@LegalQuizzes

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🌟 History of Supreme court

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🌟 Article 19 Answer Booster
https://whatsapp.com/channel/0029Va9gNrwJf05bMBIllR25/122

#Question can you answer them?

Whether the restrictions of 19 and 25 can be used together?

Hint: see Article 25 for both (subject to...)

Whether we have a hierarchy of fundamental rights that this is superior to that?

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What are the Commons and why is community leadership needed to govern them? 🔗
#express_explained

Case briefs on SC ST atrocities act.

Landmark Judgments

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S. 58(f) TPA | Production Of Title Deeds As Security Towards Debt Amounts To Creation Of 'Equitable Mortgage' : Supreme Court
https://www.livelaw.in/supreme-court/transfer-of-property-act-production-of-title-deeds-as-security-towards-debt-equitable-mortgage-supreme-court-268161

🌟 #Question

What is the remedy under Deposit of title deed Mortage? What can be the purpose and use of depositing title deeds.

@CurrentLegalGK

🌟 Bhagwan Krishna acting as Part 4 of Constitution of India, Arjun as State.

Giving Direction to the State to Act in this way to achieve welfare of the state.

Vice President—
https://youtube.com/shorts/8IBZ6xkNWE8?feature=shared

I told you to Read the original copy, every single expression there is worth interpreting.

#Discernible_Topics
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The Contention Over Mexico’s Plan to Elect Judges, Explained - The New York Times
https://www.nytimes.com/2024/09/12/world/americas/mexico-elect-judges.html

🥲🌟 Socrates crying in Heaven.

Reform doesn't mean going back in times and start from 0 again.

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'If we don't...': Sunita Williams explains how she’s managing bone loss and radiation in presser from ISS - BusinessToday
https://www.businesstoday.in/technology/news/story/if-we-dont-sunita-williams-explains-how-shes-managing-bone-loss-and-radiation-in-presser-from-iss-445898-2024-09-14

Williams also shared how her perspective has shifted during her time in space. Reflecting on life aboard the ISS, she said, “It’s the one planet we have, and we should all really be happy that we’re here together because that’s it—that’s our place.”

In News— Topics around ISS, Astronauts, space missions by India, Sunita williams records if any all must be covered for GK

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How's the level 😎

Explanation-
https://t.me/LegalQuizzes/315181