ual, as well as by equal laws.”
In 2019, in Joseph Shine v Union of India, the Supreme Court decriminalised adultery and said that “a law that treats women differently based on gender stereotypes is an affront to women’s dignity.”
Law Commission & legal age of marriage
The Law Commission has suggested that 18 years should be the minimum legal age for men and women alike to get married, saying the insistence on recognising different ages of marriage between consenting adults must be abolished. In its consultation paper on 'Reform of Family Law', the panel also said: "if a universal age for the majority is recognised, and that grants all citizens the right to choose their governments, surely, they must then be also considered capable of choosing their spouses".
According to the paper, the age of majority, 18 years, must be recognised uniformly as the legal age for marriage for men and women alike as per the 1875 Indian Majority Act. "The difference in age for husband and wife has no basis in law as spouses entering into a marriage are by all means equals and their partnership must also be of that between equals," the paper said.
The law panel was of the view that maintaining the difference of 18 years for women and 21 years for men "simply contributes to the stereotype that wives must be younger than their husbands".
The Criminal Law (Amendment) Act 2013 — enacted after what is popularly called the 'Nirbhaya case' — now deems any intercourse under the age of 18 years as rape, it pointed out.
"The law in such cases needs to duly consider whether criminalising all intercourse, even between the ages of 16 to 18 after the 2013 amendment may also have the consequence of criminalising consensual intercourse. The end goal of any legislative endeavour for the empowerment of women or gender justice should prioritise autonomy of women," the document said.
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In 2019, in Joseph Shine v Union of India, the Supreme Court decriminalised adultery and said that “a law that treats women differently based on gender stereotypes is an affront to women’s dignity.”
Law Commission & legal age of marriage
The Law Commission has suggested that 18 years should be the minimum legal age for men and women alike to get married, saying the insistence on recognising different ages of marriage between consenting adults must be abolished. In its consultation paper on 'Reform of Family Law', the panel also said: "if a universal age for the majority is recognised, and that grants all citizens the right to choose their governments, surely, they must then be also considered capable of choosing their spouses".
According to the paper, the age of majority, 18 years, must be recognised uniformly as the legal age for marriage for men and women alike as per the 1875 Indian Majority Act. "The difference in age for husband and wife has no basis in law as spouses entering into a marriage are by all means equals and their partnership must also be of that between equals," the paper said.
The law panel was of the view that maintaining the difference of 18 years for women and 21 years for men "simply contributes to the stereotype that wives must be younger than their husbands".
The Criminal Law (Amendment) Act 2013 — enacted after what is popularly called the 'Nirbhaya case' — now deems any intercourse under the age of 18 years as rape, it pointed out.
"The law in such cases needs to duly consider whether criminalising all intercourse, even between the ages of 16 to 18 after the 2013 amendment may also have the consequence of criminalising consensual intercourse. The end goal of any legislative endeavour for the empowerment of women or gender justice should prioritise autonomy of women," the document said.
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Corpus Delicti
the fact of commission of crime
Corpus Delicti is a Latin term meaning "body of the crime". It is the essential facts that prove that a crime has been committed.
The doctrine of corpus delicti is the requirement that the state prove that a crime has been committed prior to allowing a confession to be admitted into evidence. The primary function of the rule is to reduce the risk of convicting a defendant based on his confession for a crime that did not occur. Other justifications include the reduction of confessions produced by coercive tactics and the encouragement of thorough police investigations
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the fact of commission of crime
Corpus Delicti is a Latin term meaning "body of the crime". It is the essential facts that prove that a crime has been committed.
The doctrine of corpus delicti is the requirement that the state prove that a crime has been committed prior to allowing a confession to be admitted into evidence. The primary function of the rule is to reduce the risk of convicting a defendant based on his confession for a crime that did not occur. Other justifications include the reduction of confessions produced by coercive tactics and the encouragement of thorough police investigations
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🟢Difference Between Money Bill and Finance Bill
The fundamental difference between a money bill and finance bill is that a money bill can be introduced in only the lower house of parliament, i.e. Lok Sabha only, finance bill can be introduced in either of the two houses. Although money bill is a type of finance bill, most of the people use them interchangeably, but they differ in terms of their content
Definition of Money Bill
Money Bills as the name suggests, are the bills concerned with the provisions solely dealing with all or any of the matters prescribed in the article 110 (1).
It encompasses matters relating to the levying, abrogation and regulation of taxes, regulation of government borrowing, the protection of Consolidated or Contingency Fund and inflow or outflow of money from any such funds, appropriation of money from Consolidated Fund of India, and so forth.
After obtaining the assent of the president of India, the bill introduced in the House of people i.e. Lok Sabha, which is certified as money bill by the Speaker and then passed to Rajya Sabha for the recommendation of amendments.
Further, the Rajya Sabha can keep the bill, for a maximum of 14 days, or else it is deemed to be passed by both the houses.
The Lok Sabha has the authority to accept or reject the suggestions given by the Rajya Sabha.
Definition of Finance Bill
A bill proposed in Lok Sabha every year, just after the declaration of Union Budget for the upcoming year, to undertake the proposals made by the Government, is known as Finance Bill.
It refers to any bill that contains matters relating to the revenue and expenditure of the country. It takes into account the imposition of new taxes, alteration in the existing tax structure or continuance of the older one, beyond the term assented by the Parliament are presented via finance bill.
A memorandum comprising of explanations of the provisions covered is enclosed with the bill. The bill has to be enacted by the Parliament within 75 days of its introduction. The finance bill is classified into two categories, which is described as under:
Category A: The bill covers the provisions of Article 110 (1) of the Constitution of India. It can be originated only in Lok Sabha, after the assent of the President of the country.
Category B: It contains clauses relating to the expenditure from Consolidated Fund of India. Such bills can be introduced in any of the two houses. Prior approval of President is the must, for consideration of the bills.
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The fundamental difference between a money bill and finance bill is that a money bill can be introduced in only the lower house of parliament, i.e. Lok Sabha only, finance bill can be introduced in either of the two houses. Although money bill is a type of finance bill, most of the people use them interchangeably, but they differ in terms of their content
Definition of Money Bill
Money Bills as the name suggests, are the bills concerned with the provisions solely dealing with all or any of the matters prescribed in the article 110 (1).
It encompasses matters relating to the levying, abrogation and regulation of taxes, regulation of government borrowing, the protection of Consolidated or Contingency Fund and inflow or outflow of money from any such funds, appropriation of money from Consolidated Fund of India, and so forth.
After obtaining the assent of the president of India, the bill introduced in the House of people i.e. Lok Sabha, which is certified as money bill by the Speaker and then passed to Rajya Sabha for the recommendation of amendments.
Further, the Rajya Sabha can keep the bill, for a maximum of 14 days, or else it is deemed to be passed by both the houses.
The Lok Sabha has the authority to accept or reject the suggestions given by the Rajya Sabha.
Definition of Finance Bill
A bill proposed in Lok Sabha every year, just after the declaration of Union Budget for the upcoming year, to undertake the proposals made by the Government, is known as Finance Bill.
It refers to any bill that contains matters relating to the revenue and expenditure of the country. It takes into account the imposition of new taxes, alteration in the existing tax structure or continuance of the older one, beyond the term assented by the Parliament are presented via finance bill.
A memorandum comprising of explanations of the provisions covered is enclosed with the bill. The bill has to be enacted by the Parliament within 75 days of its introduction. The finance bill is classified into two categories, which is described as under:
Category A: The bill covers the provisions of Article 110 (1) of the Constitution of India. It can be originated only in Lok Sabha, after the assent of the President of the country.
Category B: It contains clauses relating to the expenditure from Consolidated Fund of India. Such bills can be introduced in any of the two houses. Prior approval of President is the must, for consideration of the bills.
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DECREE
The adjudication of a court of law may be divided into two classes:
(i) decrees, and
(ii) orders.
In order that a decision of a court may be a "decree", the following elements must be present:
(i) There must be an adjudication;
(ii) Such adjudication must have been done in a suit;
(iii) It must have determined the rights of rights of the parties with regard to all or any of the matters in controversy in the suit;
(iv) Such determination must be of a conclusive nature;
(v) There must be a formal expression of such adjudication.
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The adjudication of a court of law may be divided into two classes:
(i) decrees, and
(ii) orders.
In order that a decision of a court may be a "decree", the following elements must be present:
(i) There must be an adjudication;
(ii) Such adjudication must have been done in a suit;
(iii) It must have determined the rights of rights of the parties with regard to all or any of the matters in controversy in the suit;
(iv) Such determination must be of a conclusive nature;
(v) There must be a formal expression of such adjudication.
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✅ RIGHT TO PROPERTY
After the 44th Amendment of the Constitution, right to property has ceased to be a fundamental right. Under Article 300A, it has become a constitutional right. One other important aspect is with regard to deprivation or acquisition of agricultural and homestead land belonging to weaker sections. Before such deprivation takes place, the persons so deprived must be provided lands of quality as nearly as may be equal to the lands such persons were previously occupying or otherwise adequately rehabilitated.
✅ संपत्ति का अधिकार
संविधान के 44 वें संशोधन के बाद, संपत्ति का अधिकार एक मौलिक अधिकार हो गया है। अनुच्छेद 300 ए के तहत, यह एक संवैधानिक अधिकार बन गया है। एक अन्य महत्वपूर्ण पहलू कमजोर वर्गों से संबंधित कृषि और गृहस्थ भूमि के अभाव या अधिग्रहण के संबंध में है। इस तरह के अभाव से पहले, वंचित व्यक्तियों को गुणवत्ता की भूमि प्रदान की जानी चाहिए, क्योंकि लगभग भूमि उन लोगों के बराबर हो सकती है, जो पहले कब्जा कर रहे थे या अन्यथा पर्याप्त रूप से पुनर्वासित थे।
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After the 44th Amendment of the Constitution, right to property has ceased to be a fundamental right. Under Article 300A, it has become a constitutional right. One other important aspect is with regard to deprivation or acquisition of agricultural and homestead land belonging to weaker sections. Before such deprivation takes place, the persons so deprived must be provided lands of quality as nearly as may be equal to the lands such persons were previously occupying or otherwise adequately rehabilitated.
✅ संपत्ति का अधिकार
संविधान के 44 वें संशोधन के बाद, संपत्ति का अधिकार एक मौलिक अधिकार हो गया है। अनुच्छेद 300 ए के तहत, यह एक संवैधानिक अधिकार बन गया है। एक अन्य महत्वपूर्ण पहलू कमजोर वर्गों से संबंधित कृषि और गृहस्थ भूमि के अभाव या अधिग्रहण के संबंध में है। इस तरह के अभाव से पहले, वंचित व्यक्तियों को गुणवत्ता की भूमि प्रदान की जानी चाहिए, क्योंकि लगभग भूमि उन लोगों के बराबर हो सकती है, जो पहले कब्जा कर रहे थे या अन्यथा पर्याप्त रूप से पुनर्वासित थे।
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Regulating Act 1773 Notes
The Regulating Act was passed in the British Parliament in June 1773.
It was the first parliamentary ratification and authorization defining the powers and authority of the East India Company with respect to its Indian possessions.
Background/Reasons for passing the Act
The East India Company was in severe financial crisis and had asked a loan of 1 million pounds from the British government in 1772.
Allegations of corruption and nepotism were rampant against company officials.
There was a terrible famine in Bengal where a huge population perished.
The Dual form of administration instituted by Robert Clive was complex and drawing a lot of complaints.
According to this system, the company had Diwani rights (obtained after the Battle of Buxar) in Bengal and the Nawab had Nizamat rights (judicial and policing rights) as secured from the Mughal Emperor. In reality, both powers were vested with the company. The farmers and the general population suffered as their improvement was neglected and the company was only concerned with maximising revenue.
Lawlessness increased in Bengal.
The defeat of the company against Mysore’s Hyder Ali in 1769.
Provisions of The Regulating Act
This act permitted the company to retain its territorial possessions in India but sought to regulate the activities and functioning of the company. It did not take over power completely, hence called ‘regulating’.
The act provided for appointment of a Governor-General along with four Councillors in the Presidency of Fort William (Calcutta), jointly called the Governor-General in Council.
As per this, Warren Hastings was appointed as the Governor-General of the Presidency of Fort William.
The Governors in Councils at Madras and Bombay were brought under the control of Bengal, especially in matters of foreign policy. Now, they could not wage war against Indian states without Bengal’s approval.
The company directors were elected for a period of five years and one-fourth of them were to retire every year. Also, they could not be re-elected.
The company directors were directed to make public all correspondence on revenue, civil and military matters with Indian authorities before the British authorities.
A Supreme Court of Judicature was established at Calcutta with Sir Elijah Impey as the first Chief Justice. Judges were to come from England. It had civil and criminal jurisdiction over the British subjects and not Indian natives.
Defects of Regulating Act 1773
Drawbacks of The Regulating Act
The Governor-General had no veto power.
It did not address the concerns of the Indian population who were paying revenue to the company.
It did not stop corruption among the company officials.
The Supreme Court’s powers were not well-defined.
The parliamentary control that was sought in the activities of the company proved to be ineffective as there was no mechanism to study the reports sent by the Governor-General in Council.
Join us @LAW_Notes_Llb_Notes
The Regulating Act was passed in the British Parliament in June 1773.
It was the first parliamentary ratification and authorization defining the powers and authority of the East India Company with respect to its Indian possessions.
Background/Reasons for passing the Act
The East India Company was in severe financial crisis and had asked a loan of 1 million pounds from the British government in 1772.
Allegations of corruption and nepotism were rampant against company officials.
There was a terrible famine in Bengal where a huge population perished.
The Dual form of administration instituted by Robert Clive was complex and drawing a lot of complaints.
According to this system, the company had Diwani rights (obtained after the Battle of Buxar) in Bengal and the Nawab had Nizamat rights (judicial and policing rights) as secured from the Mughal Emperor. In reality, both powers were vested with the company. The farmers and the general population suffered as their improvement was neglected and the company was only concerned with maximising revenue.
Lawlessness increased in Bengal.
The defeat of the company against Mysore’s Hyder Ali in 1769.
Provisions of The Regulating Act
This act permitted the company to retain its territorial possessions in India but sought to regulate the activities and functioning of the company. It did not take over power completely, hence called ‘regulating’.
The act provided for appointment of a Governor-General along with four Councillors in the Presidency of Fort William (Calcutta), jointly called the Governor-General in Council.
As per this, Warren Hastings was appointed as the Governor-General of the Presidency of Fort William.
The Governors in Councils at Madras and Bombay were brought under the control of Bengal, especially in matters of foreign policy. Now, they could not wage war against Indian states without Bengal’s approval.
The company directors were elected for a period of five years and one-fourth of them were to retire every year. Also, they could not be re-elected.
The company directors were directed to make public all correspondence on revenue, civil and military matters with Indian authorities before the British authorities.
A Supreme Court of Judicature was established at Calcutta with Sir Elijah Impey as the first Chief Justice. Judges were to come from England. It had civil and criminal jurisdiction over the British subjects and not Indian natives.
Defects of Regulating Act 1773
Drawbacks of The Regulating Act
The Governor-General had no veto power.
It did not address the concerns of the Indian population who were paying revenue to the company.
It did not stop corruption among the company officials.
The Supreme Court’s powers were not well-defined.
The parliamentary control that was sought in the activities of the company proved to be ineffective as there was no mechanism to study the reports sent by the Governor-General in Council.
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Definition of victim
Victim compensation scheme fund like Nirbhaya for victim of rape acid attack and their rehabilitation
Victim protection provisions
Vishakha vs State of Rajasthan guidline of honourable the supreme Court
Protection sexual harrassment at place 2013 rules
Griveous redressal meachism
Participating woman in workforce and in role of democracy
Gender justice and equality
Woman legislation for protection of rights
Misuse of sec 498A of IPC powers functions and constitute woman commission
Join us @LAW_Notes_Llb_Notes
Victim compensation scheme fund like Nirbhaya for victim of rape acid attack and their rehabilitation
Victim protection provisions
Vishakha vs State of Rajasthan guidline of honourable the supreme Court
Protection sexual harrassment at place 2013 rules
Griveous redressal meachism
Participating woman in workforce and in role of democracy
Gender justice and equality
Woman legislation for protection of rights
Misuse of sec 498A of IPC powers functions and constitute woman commission
Join us @LAW_Notes_Llb_Notes
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{Legal update}
*Supreme court of India*
*Hindu Law.*
Joint family property sold by a coparcener without consent of other coparceners. If the said property is re-conveyed back to joint family or the coparcener, the property re-acquires joint family property status. All coparceners including those who are born subsequently would get right.
*Doddamuniyappa vs Muniswamy & others.*
*(2019) 7 SCC 193.*
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*Supreme court of India*
*Hindu Law.*
Joint family property sold by a coparcener without consent of other coparceners. If the said property is re-conveyed back to joint family or the coparcener, the property re-acquires joint family property status. All coparceners including those who are born subsequently would get right.
*Doddamuniyappa vs Muniswamy & others.*
*(2019) 7 SCC 193.*
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CURFEW ORDER
Section 144 of CrPC confers powers to issue an order absolute at once in urgent cases of nuisance or apprehended danger. Specified classes of magistrates may make such orders when in their opinion there is sufficient ground for proceeding under the section and immediate prevention or speedy remedy is desirable. It requires the magistrate to issue the order in writing setting forth the material facts of the case and the order is to be served in the manner provided by section.
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Section 144 of CrPC confers powers to issue an order absolute at once in urgent cases of nuisance or apprehended danger. Specified classes of magistrates may make such orders when in their opinion there is sufficient ground for proceeding under the section and immediate prevention or speedy remedy is desirable. It requires the magistrate to issue the order in writing setting forth the material facts of the case and the order is to be served in the manner provided by section.
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ANTICIPATORY BAIL
Under Indian criminal law, there is a provision for anticipatory bail under Section 438 of the Criminal Procedure Code. This provision allows a person to seek bail in anticipation of an arrest on accusation of having committed a non-bailable offence.
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Under Indian criminal law, there is a provision for anticipatory bail under Section 438 of the Criminal Procedure Code. This provision allows a person to seek bail in anticipation of an arrest on accusation of having committed a non-bailable offence.
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Regulating Act 1773 Notes
The Regulating Act was passed in the British Parliament in June 1773.
It was the first parliamentary ratification and authorization defining the powers and authority of the East India Company with respect to its Indian possessions.
Background/Reasons for passing the Act
The East India Company was in severe financial crisis and had asked a loan of 1 million pounds from the British government in 1772.
Allegations of corruption and nepotism were rampant against company officials.
There was a terrible famine in Bengal where a huge population perished.
The Dual form of administration instituted by Robert Clive was complex and drawing a lot of complaints.
According to this system, the company had Diwani rights (obtained after the Battle of Buxar) in Bengal and the Nawab had Nizamat rights (judicial and policing rights) as secured from the Mughal Emperor. In reality, both powers were vested with the company. The farmers and the general population suffered as their improvement was neglected and the company was only concerned with maximising revenue.
Lawlessness increased in Bengal.
The defeat of the company against Mysore’s Hyder Ali in 1769.
Provisions of The Regulating Act
This act permitted the company to retain its territorial possessions in India but sought to regulate the activities and functioning of the company. It did not take over power completely, hence called ‘regulating’.
The act provided for appointment of a Governor-General along with four Councillors in the Presidency of Fort William (Calcutta), jointly called the Governor-General in Council.
As per this, Warren Hastings was appointed as the Governor-General of the Presidency of Fort William.
The Governors in Councils at Madras and Bombay were brought under the control of Bengal, especially in matters of foreign policy. Now, they could not wage war against Indian states without Bengal’s approval.
The company directors were elected for a period of five years and one-fourth of them were to retire every year. Also, they could not be re-elected.
The company directors were directed to make public all correspondence on revenue, civil and military matters with Indian authorities before the British authorities.
A Supreme Court of Judicature was established at Calcutta with Sir Elijah Impey as the first Chief Justice. Judges were to come from England. It had civil and criminal jurisdiction over the British subjects and not Indian natives.
Defects of Regulating Act 1773
Drawbacks of The Regulating Act
The Governor-General had no veto power.
It did not address the concerns of the Indian population who were paying revenue to the company.
It did not stop corruption among the company officials.
The Supreme Court’s powers were not well-defined.
The parliamentary control that was sought in the activities of the company proved to be ineffective as there was no mechanism to study the reports sent by the Governor-General in Council.
Join us @LAW_Notes_Llb_Notes
The Regulating Act was passed in the British Parliament in June 1773.
It was the first parliamentary ratification and authorization defining the powers and authority of the East India Company with respect to its Indian possessions.
Background/Reasons for passing the Act
The East India Company was in severe financial crisis and had asked a loan of 1 million pounds from the British government in 1772.
Allegations of corruption and nepotism were rampant against company officials.
There was a terrible famine in Bengal where a huge population perished.
The Dual form of administration instituted by Robert Clive was complex and drawing a lot of complaints.
According to this system, the company had Diwani rights (obtained after the Battle of Buxar) in Bengal and the Nawab had Nizamat rights (judicial and policing rights) as secured from the Mughal Emperor. In reality, both powers were vested with the company. The farmers and the general population suffered as their improvement was neglected and the company was only concerned with maximising revenue.
Lawlessness increased in Bengal.
The defeat of the company against Mysore’s Hyder Ali in 1769.
Provisions of The Regulating Act
This act permitted the company to retain its territorial possessions in India but sought to regulate the activities and functioning of the company. It did not take over power completely, hence called ‘regulating’.
The act provided for appointment of a Governor-General along with four Councillors in the Presidency of Fort William (Calcutta), jointly called the Governor-General in Council.
As per this, Warren Hastings was appointed as the Governor-General of the Presidency of Fort William.
The Governors in Councils at Madras and Bombay were brought under the control of Bengal, especially in matters of foreign policy. Now, they could not wage war against Indian states without Bengal’s approval.
The company directors were elected for a period of five years and one-fourth of them were to retire every year. Also, they could not be re-elected.
The company directors were directed to make public all correspondence on revenue, civil and military matters with Indian authorities before the British authorities.
A Supreme Court of Judicature was established at Calcutta with Sir Elijah Impey as the first Chief Justice. Judges were to come from England. It had civil and criminal jurisdiction over the British subjects and not Indian natives.
Defects of Regulating Act 1773
Drawbacks of The Regulating Act
The Governor-General had no veto power.
It did not address the concerns of the Indian population who were paying revenue to the company.
It did not stop corruption among the company officials.
The Supreme Court’s powers were not well-defined.
The parliamentary control that was sought in the activities of the company proved to be ineffective as there was no mechanism to study the reports sent by the Governor-General in Council.
Join us @LAW_Notes_Llb_Notes
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📌A SECULAR STATE
🔸The Constitution of India stands for a Secular State. Hence, it does not uphold any particular religion as the official religion of the Indian State.
The following provisions of the Constitution reveal the secular character of the Indian State:
🔸The term ‘secular’ was added to the Preamble of the Indian Constitution by the 42nd Constitutional Amendment Act of 1976.
🔸The Preamble secures to all citizens of India liberty of belief,Faith and worship.
🔸The State shall not deny to any person equality before the law or equal protection of the laws (Article 14).
🔸The State shall not discriminate against any citizen on the ground of religion (Article 15).
🔸Equality of opportunity for all citizens in matters of public employment (Article 16)
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🔸The Constitution of India stands for a Secular State. Hence, it does not uphold any particular religion as the official religion of the Indian State.
The following provisions of the Constitution reveal the secular character of the Indian State:
🔸The term ‘secular’ was added to the Preamble of the Indian Constitution by the 42nd Constitutional Amendment Act of 1976.
🔸The Preamble secures to all citizens of India liberty of belief,Faith and worship.
🔸The State shall not deny to any person equality before the law or equal protection of the laws (Article 14).
🔸The State shall not discriminate against any citizen on the ground of religion (Article 15).
🔸Equality of opportunity for all citizens in matters of public employment (Article 16)
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ATTORNEY-GENERAL
According to Article 76, the President appoints a person qualified to be a Supreme Court judge as the Attorney General of India. The Attorney General is the first legal officer of India. He functions as the Chief Law Officer of the Government. The Attorney General of India advises the Government of India on any legal matter. He performs any legal duties assigned to him by the President of India. He discharges any functions conferred to him by the Constitution or the President. In the performance of his duties, the Attorney General of India has right of audience in all courts in the territory of India. The Attorney General represents the Union and the States before the Courts but is also allowed to take up private practice provided; the other party is not the State.
He is not a member of the either House of the Parliament. Still he enjoys the right to attend and speak in the parliamentary deliberations and meetings (of both the Lok Sabha and the Rajya Sabha), without a right to vote. He is not a full time officer of the House, nor is he a member of a Cabinet, he is not barred from private practice except that he cannot advice or hold briefs against the Government of India. He should not defend accused persons for criminal prosecution without the permissions of the Government of India. He is entitled to all privileges and immunities as a Member of the Parliament. The Attorney General of India is assisted by two Solicitor General and four assistant Solicitor General.
The Attorney General is not paid salary but a retainer that is determined by the President. The retainer of the Attorney General of India is equal to the salary of a judge of the Supreme Court. As a convention, after the change of the Government, the Attorney General resigns and the new Government appoint a new Attorney General of its own choice. The Attorney General holds office during the pleasure of the President and receives remuneration as determined by the President.
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According to Article 76, the President appoints a person qualified to be a Supreme Court judge as the Attorney General of India. The Attorney General is the first legal officer of India. He functions as the Chief Law Officer of the Government. The Attorney General of India advises the Government of India on any legal matter. He performs any legal duties assigned to him by the President of India. He discharges any functions conferred to him by the Constitution or the President. In the performance of his duties, the Attorney General of India has right of audience in all courts in the territory of India. The Attorney General represents the Union and the States before the Courts but is also allowed to take up private practice provided; the other party is not the State.
He is not a member of the either House of the Parliament. Still he enjoys the right to attend and speak in the parliamentary deliberations and meetings (of both the Lok Sabha and the Rajya Sabha), without a right to vote. He is not a full time officer of the House, nor is he a member of a Cabinet, he is not barred from private practice except that he cannot advice or hold briefs against the Government of India. He should not defend accused persons for criminal prosecution without the permissions of the Government of India. He is entitled to all privileges and immunities as a Member of the Parliament. The Attorney General of India is assisted by two Solicitor General and four assistant Solicitor General.
The Attorney General is not paid salary but a retainer that is determined by the President. The retainer of the Attorney General of India is equal to the salary of a judge of the Supreme Court. As a convention, after the change of the Government, the Attorney General resigns and the new Government appoint a new Attorney General of its own choice. The Attorney General holds office during the pleasure of the President and receives remuneration as determined by the President.
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Definition of victim
Victim compensation scheme fund like Nirbhaya for victim of rape acid attack and their rehabilitation
Victim protection provisions
Vishakha vs State of Rajasthan guidline of honourable the supreme Court
Protection sexual harrassment at place 2013 rules
Griveous redressal meachism
Participating woman in workforce and in role of democracy
Gender justice and equality
Woman legislation for protection of rights
Misuse of sec 498A of IPC powers functions and constitute woman commission
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Victim compensation scheme fund like Nirbhaya for victim of rape acid attack and their rehabilitation
Victim protection provisions
Vishakha vs State of Rajasthan guidline of honourable the supreme Court
Protection sexual harrassment at place 2013 rules
Griveous redressal meachism
Participating woman in workforce and in role of democracy
Gender justice and equality
Woman legislation for protection of rights
Misuse of sec 498A of IPC powers functions and constitute woman commission
Join us @LAW_Notes_Llb_Notes
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ATTORNEY-GENERAL
According to Article 76, the President appoints a person qualified to be a Supreme Court judge as the Attorney General of India. The Attorney General is the first legal officer of India. He functions as the Chief Law Officer of the Government. The Attorney General of India advises the Government of India on any legal matter. He performs any legal duties assigned to him by the President of India. He discharges any functions conferred to him by the Constitution or the President. In the performance of his duties, the Attorney General of India has right of audience in all courts in the territory of India. The Attorney General represents the Union and the States before the Courts but is also allowed to take up private practice provided; the other party is not the State.
He is not a member of the either House of the Parliament. Still he enjoys the right to attend and speak in the parliamentary deliberations and meetings (of both the Lok Sabha and the Rajya Sabha), without a right to vote. He is not a full time officer of the House, nor is he a member of a Cabinet, he is not barred from private practice except that he cannot advice or hold briefs against the Government of India. He should not defend accused persons for criminal prosecution without the permissions of the Government of India. He is entitled to all privileges and immunities as a Member of the Parliament. The Attorney General of India is assisted by two Solicitor General and four assistant Solicitor General.
The Attorney General is not paid salary but a retainer that is determined by the President. The retainer of the Attorney General of India is equal to the salary of a judge of the Supreme Court. As a convention, after the change of the Government, the Attorney General resigns and the new Government appoint a new Attorney General of its own choice. The Attorney General holds office during the pleasure of the President and receives remuneration as determined by the President.
Join us @LAW_Notes_Llb_Notes
According to Article 76, the President appoints a person qualified to be a Supreme Court judge as the Attorney General of India. The Attorney General is the first legal officer of India. He functions as the Chief Law Officer of the Government. The Attorney General of India advises the Government of India on any legal matter. He performs any legal duties assigned to him by the President of India. He discharges any functions conferred to him by the Constitution or the President. In the performance of his duties, the Attorney General of India has right of audience in all courts in the territory of India. The Attorney General represents the Union and the States before the Courts but is also allowed to take up private practice provided; the other party is not the State.
He is not a member of the either House of the Parliament. Still he enjoys the right to attend and speak in the parliamentary deliberations and meetings (of both the Lok Sabha and the Rajya Sabha), without a right to vote. He is not a full time officer of the House, nor is he a member of a Cabinet, he is not barred from private practice except that he cannot advice or hold briefs against the Government of India. He should not defend accused persons for criminal prosecution without the permissions of the Government of India. He is entitled to all privileges and immunities as a Member of the Parliament. The Attorney General of India is assisted by two Solicitor General and four assistant Solicitor General.
The Attorney General is not paid salary but a retainer that is determined by the President. The retainer of the Attorney General of India is equal to the salary of a judge of the Supreme Court. As a convention, after the change of the Government, the Attorney General resigns and the new Government appoint a new Attorney General of its own choice. The Attorney General holds office during the pleasure of the President and receives remuneration as determined by the President.
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Doctrine of Eclipse
The Doctrine of Eclipse says that any law inconsistent with Fundamental Rights is not invalid.
It is not dead totally but overshadowed by the fundamental right.
The inconsistency (conflict) can be removed by constitutional amendment to relevant fundamental right so that eclipse vanishes and the entire law becomes valid.
Explanation
When a Court strikes a part of law, it becomes unenforceable. Hence, an 'eclipse' is said to be cast on it.
The law just becomes invalid but continues to exist. The eclipse is removed when another (probably a higher level court) makes the law valid again or an amendment is brought to it by way of legislation.
The Supreme Court of India, in P Ratinam case, has held Section 309 of the Indian Penal Code, 1860 unconstitutional.
Hence, the section was under eclipse. However, a constitutional bench in Gian Kaur case reversed this decision and held the section as constitutional whereby the eclipse was removed and it because operable again.
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The Doctrine of Eclipse says that any law inconsistent with Fundamental Rights is not invalid.
It is not dead totally but overshadowed by the fundamental right.
The inconsistency (conflict) can be removed by constitutional amendment to relevant fundamental right so that eclipse vanishes and the entire law becomes valid.
Explanation
When a Court strikes a part of law, it becomes unenforceable. Hence, an 'eclipse' is said to be cast on it.
The law just becomes invalid but continues to exist. The eclipse is removed when another (probably a higher level court) makes the law valid again or an amendment is brought to it by way of legislation.
The Supreme Court of India, in P Ratinam case, has held Section 309 of the Indian Penal Code, 1860 unconstitutional.
Hence, the section was under eclipse. However, a constitutional bench in Gian Kaur case reversed this decision and held the section as constitutional whereby the eclipse was removed and it because operable again.
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Forwarded from Indian Judiciary Preparation PCS J
The documents are
Anonymous Quiz
5%
Caricature
17%
Words printed , lithographed or photographed
4%
A map and an inscription on a stone
74%
All of the above
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Forwarded from Indian Judiciary Preparation PCS J
UP APO Postponed
New Date 9th and 10th January 2023
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New Date 9th and 10th January 2023
@Indian_Judiciary_Preparation
@Indian_Judicial_Services_IJS
Join us @Law4CivilServices
Join us @Law_Books_Store
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