With the Punjab Legislative Assembly passing the three Farm Bills on 20 th October 2020, a debate is doing the rounds, whether, these Bills will serve the intended purpose of protecting the interests of farmers of Punjab, or, will the Bills be superseded by the farm laws made by Parliament, earlier. Many people believe that in case, the President does not give assent to these Bills this matter could land up in the Supreme Court......
Article 21 of the Constitution of India guarantees to all its citizens, as well as non-citizens, the right to life and personal liberty. It reads as follows: “No person shall be deprived of his life or personal liberty except according to procedure established by law”. The right to life is the most basic of all the rights guaranteed by our Constitution. It cannot be interpreted to be a limited guarantee against the taking away of a persons’ life; it has much wider application and has become a source of many other rights.......
The fundamental rights contained in Part III of the Constitution are judicially enforceable. The Supreme Court under Article 32 and the High Courts under Article 226 of the Constitution of India can issue order, direction or writ, including the writ in the nature of habeas corpus, mandamus, prohibition, qua warranto and certiorari, to any person or authority, including in appropriate cases any Government, for the enforcement of the fundamental rights.....
Section 482 of the Code of Criminal Procedure gives power to the High Court to entertain applications which are not contemplated by the Code. Therefore, if the High Court feels that ends of justice require that an order should be made in an application, although the application is not contemplated by the Code, the High Court will entertain the application and make necessary order to secure the ends of justice. Other situations, in which the inherent powers of the High Court under Section 482 Cr.P.C. can be invoked, one being to secure the ends of justice, are to prevent the abuse of process of law or to give effect to any order under the Code......
The amendment procedure adopted by the founders of our Constitution has been enshrined in Article 368 of the Constitution. The power to amend the Constitution has been bestowed on our Legislature – Central and State. Most of the provisions of our Constitution can be amended by introduction of a Bill for the purpose...
Right to free legal aid though included in Chapter 4 on Directive Principles of State Policy in the Constitution of India, has been recognized by the courts as a judicially enforceable right and the courts, from time to time, have issued directions to the Union and State Governments to secure free legal aid to all persons who cannot afford legal representation....
The gas leak at the Visakhapatnam plant of LG Polymers India Pvt. Ltd. on 7 th May which killed 11 persons and exposed thousands of people living in nearby villages to toxic styrene fumes is a stark reminder of the risk the workers of such dangerous and hazardous industries have to face in order to earn their livelihood and how little has been done to prevent such tragedies. LG Polymers India Pvt. Ltd. is owned by LG Chem Ltd. of South Korea, an affiliate of LG Corp., the electronics giant. LG Polymers India....
The recent events in Haryana have pained me immensely and have stirred my conscious greatly, so as to put down pen to paper and remind the citizens of this great nation about the principles on which our founding fathers had laid its foundation. Mahatma Gandhi had called off the Non-cooperation movement after the incident of arson reported at Chauri-Chaura in present day Gujarat in which 22 policeman had been burnt alive inside a police station by a mob of protestors.. . . .
The Supreme Court of India in their landmark judgment, titled as Union of India versus Ram Avtar in Civil Appeal No.418 of 2012 and connected civil appeals had directed the High Court’s as well as the Tribunals to grant appropriate relief to the pensioners before them, who seek rounding off disability element of the disability pension or war injury element of the warm injury pension vide their judgment dated 10-12-2014. . . .
The gang rape of a 24 years old MBA student in Noida recently, in broad day light, has shocked everybody. Once again it has opened the debate, whether if capital punishment is the solution to the problem. Woman’s rights groups have strenuously lobbied for capital punishment for rapists as they believe that death will be an effective deterrent for prospective rapists. A careful study is required before any such amendment in the law. . . .
The Punjab Government has enacted and established the Punjab State Commission for NRIs, which is located in Block-A, Room No.6, Punjab Civil Secretariat-2, Sector-9, Chandigarh. This Commission is headed presently by Mr. Justice Arvind Kumar (Retd) as its Chairperson. Further, the Apex Court in its landmark judgment has set at rest the controversy regarding the jurisdiction and relief in NRI marriages for criminal wrongs. . . .