Month: October 2020
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Rowlatt Act in disguise: The Preventive Detention laws in India
Introduction This article deals with the law of preventive detention in India. Preventive detention authorises any police officer to arrest or detain any person who is suspected to be committing a crime in the future in order to prevent him from doing so. Under preventive detention laws, a person could be detained for extended periods…
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Fragile Legitimacy of the Bihar Elections, 2020
The Election Commission was mandated to exercise its functions so that a candidate or a voter is never substantially prejudiced. Equality of choice ought to be equal in its incidence. The Constitution of India has envisaged a democratic setup based on an equal universal suffrage. It does not negate voting rights of those in an…
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Discrimination Against Minorities By Public Authorities: What India needs to learn from Berlin
With Berlin passing the first anti-discriminatory legislation in the country, it is a moment of deep contemplation for Indian law-makers to take requisite steps in a similar direction. The anti-discriminatory law in Berlin prohibits public authorities and police officials to discriminate on the basis of race, religion, gender, skin colour, age and worldview. The need…
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Second FIR- An Open Question of Law
Introduction It was in the 1979 case of Ram Lal Narang v Om Prakash Narang that an important aspect of the criminal procedure code relating to the permissibility of second FIR came into light. The case involved an incident wherein two FIRs had been lodged. The second FIR was lodged after receipt of fresh information…
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Rights of Rivers: A Comparative and Critical Analysis
Introduction Recently the Uttarakhand High Court expanded the environment justice jurisprudence by metes and bounds after its adjudication on the Rights of Rivers in Lalit Miglani V State of Uttarakhand[1]. It posited juristic rights on Rivers, glaciers, oceans and other natural bodies, wherein nature’s fundamental rights were recognized at par with fundamental rights accorded to…
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Are your representatives really representing you?: A comment on the anti-defection laws in India
India follows a democratic system where citizens elect representatives to form a governing body such as the parliament. Representatives stand in elections and citizens vote to choose their representatives. The presence of strong and legitimate opposition is a sine qua non to check any arbitrariness and misuse of power. Indian democracy stands on the principle…