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Showing posts from December, 2020

Agriculture bills : Farmers vs. Government | Find your advocate

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 I. Introduction The three disputable farm laws were presented as the statutes which were declared by the Union government on fifth June 2020. As indicated by Article 123 of Indian Constitution [1], the arrangement to declare statute is for such circumstances when there is a quick necessity for a critical law when the places of Parliament are not in a meeting.  There should be no refusal to the charge that the bills were not talked about appropriately and passed quickly. In spite of being the issue identified with the agriculture, which contributes fundamentally in India's GDP and arisen to be the simplest one to observe a positive development of 3.4 per cent during the first quarter of pandemic [2], govt. ought to have trusted that Parliament will continue. In a house loaded with resistance, it would be an overwhelming errand to examine bills, yet it is, in any case, the way.  II. Need for Agri-changes  The facts demonstrate that the farming area required changes; managerial chang

Election Commission of India - Find Your Advocate

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Election Commission Of India:   History, Composition, Powers and Functions The Election Commission Of India regulates and controls the elections at the state and national levels. It is a constitutional body that is mentioned in Article 324 of the Indian Constitution of India . Its headquarters is in New Delhi. It has several roles and power at the time of elections it acts as a quasi-judicial body also in the election procedure. I. What is the  History of Election Commission in India  Before the independence Election Commission was not present even under the Government of India Act, 1919 or 1935, and election were conducted based on religions. Prior to Independence, the forefathers of our country while making the constitution decided to adopt a free, fair, and competitive election process.[1] It was decided that the election commission will be administering all the election  Dr. Rajagopalachari for the advisory committee advised that elections should be kept separate from the fundamen

Double Jeopardy - A constitutional rights | Find Your Advocate

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DOUBLE JEOPARDY   This article tries to examine the principle of 'autrefois convict', ordinarily guided as 'double jeopardy' and its usage in India. The principle, correctly, implies that an individual who has been attempted and sentenced for a criminal offence once can't be attempted or indicted for a similar offence once more. The principle of double jeopardy is certifiably not another idea. It existed under the Government of India Act, 1935 and was appropriately acknowledged as a key right just as a lawful right.  The historical underpinnings of Double Jeopardy  The term 'jeopardy' is characterized as "risk, threat or peril"[1]. As for criminal law, jeopardy signifies "the danger of conviction and punishment"[2]. The articulation is characterized in Black's Law Dictionary as "a second prosecution after the primary preliminary for the equivalent offence"[3]. The principle gets its starting point from the English customary

Right to Privacy in India | Constitution of India | article 21- Find Your Advvocate

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RIGHT TO PRIVACY The discussion on the "Right to Privacy" is old as humankind. It developed from being the insurance of one's home and body to one's very own data. It, as of late, has become a quintessential issue. It is said that a person's security is the individual's inborn basic liberty gave essentially and still its reality as a crucial right under the Indian Constitution was questionable . Not at all like India, the United States has assimilated the legitimate idea of the privilege of security under both the law of misdeeds and its Constitution.  In India, the issue picked up importance simply after the Aadhaar plot, which permitted the public authority to gather and aggregate the biometric and segment information of its residents, was tested and the public authority submitted under the steady gaze of the Apex Court that there exists no privilege to security as an essential right under the constitution. This affected India as a majority rules system as