Skip to main content

Posts

Farm Laws 2020; a detailed journey

Source-jagranjosh.com Hello everyone, here I am going to discuss the 3 recent controversial farm laws in details, passed by the parliament, and their validity in the eyes of law. At first I will be dealing with constitutionality of these acts and then a brief analysis of the provisions of these acts, limitations and at last I have proposed some suggestions. Irrespective of the various debates or views of politicians and leaders, I would like to focus on insights of these farm laws of agriculture from legal perspective. Constitutionality of 3 Farm Acts- What do you mean by constitutionality? Well, constitutionality means any law passed by the legislation must be in accordance with the constitution and if there is any inconsistency as a whole or any part of in derogation of the fundamental rights shall be void to the extent of such contravention under Article 13. [1] The Honorable Supreme Court over the years, to examine the constitutionality of any act, had applied different tests on
Recent posts

Scope of Medical/Health Emergency in the Indian Constitution

Before discussing about health emergency first I would like to take you to 1948, when constitution of India was being drafted. At that time India was going through a lot of stress because of many reasons like partition of country, Kashmir issue, riots etc. So the makers of the constitution thought to give central government an authority to declare emergency so that “when the stability and security of country is threatened by internal or external threats the Central government can take over the control and would be able to stabilize the situation”. So some emergency provisions were made in constitution to protect the integrity and stability of the country namely National Emergency(Article 352), State Emergency (Article 356) and Financial Emergency (Article 360). As it is very clear by the headings that State emergency deals with emergency in a state and financial emergency deals with finance so let’s have a look on National Emergency- In Constitution the provision of National Emerge

Pandemic patent pool at the world regime: Need of the hour

In this article, I will be covering a very short introduction of patent, what’s the concept of patent pool, what’s the need and purpose of patent pool and why Innovation related to pandemic like Covid-19 need a patent pool to overcome crisis in a efficient way by giving more importance to humanity over a personal intellectual right. Patent:- In general, patent means “exclusive right to the first and true inventor to make, use or vend his invention”. The purpose of creating and perceive of patent right is to protect ones intellect and made public his/her invention for public welfare in trading of little monopoly over its invention. Patent pool:- “Patent pool is an association of two or more companies to cross licence of patent in order to particular technology, invention or development and permit others to use the patent.” It can be classified on the fact that how the patents are exploited which is subject to the parties of the pool. It is a method by which aggre

Vigilantism and Palghar lynching, paralyzing the legal system of India

“A hanging typically occurs after someone is found guilty in the eyes of the law and irredeemable in the eyes of society. A lynching is the killing of an individual for how they look and what they represent to a vigilante mob.” According to Hobbes, man in state of nature is selfish, brutal and short. By social contract theory, state was made for giving protection to man's security of life and property. The very first duty of the state is to save the lives of people and provide security to them. Theories of political science states that Laws are binding only when they are supported by the general will of the people. If state fails to perform its duty then we can say that the social contract was breached and in consequence to this, humans will reversed to their true nature which is violence, anger, selfishness etc and give birth to uncivilised society which leads to “vigilantism”, means the practice of ordinary people in a place taking unofficial action to prevent crime or to

Religion, Law and India

India, which has the second largest population in the world (over 1.25 billion), is also considered as the birth place of the four major world religion: Hinduism, Jainism, Buddhism, Sikhism. Yet, India is one of the most diverse nations in terms of the religion, further Jain, Sikh and Buddhist currently comes under the umbrella of Hindu, although there was time when many people were not happy with this situation and there have also been campaigns to have these religions administer separately. So now the question arises that what is the definition of Religion? Well, the oxford dictionary defines religion as the "Belief in and worship of a superhuman controlling power, especially a personal god or gods" and Emile Durkheim defined religion as "A unified system of beliefs and practices relative to sacred things set apart and forbidden- beliefs and practices which unite into one single moral called Church". However Swami Vivekananda said "Religion is based on f