Amendment means to change or alter existing provisions of law. With time laws of the country need to be updated. They can’t be stiff and stagnant. Modifications in law provisions are a great sign of development. There have been many important constitutional amendments that have changed the shape of a statute or a particular provision completely. Let’s have a look at eighteen such amendments to the Constitution of India.

Most Important Amendments of the Indian Constitution

To date, there have been 105 amendments to the Constitution of India. Now you may ask, which amendment is the most important? Well.

Here are the eighteen most important amendments of the Indian Constitution from 1951 till now.

1st Constitutional Amendment Act, 1951

It was the first amendment after India became an independent and republican country. Article 15 clause 4 and Article 19 clause 6 were added in Part III of the Constitution.

15th Constitutional Amendment Act, 1963

This amendment increased the retirement age of the High Court judge from 60 to 62 years.

21st Constitutional Amendment Act, 1967

This amendment added the Sindhi language as the regional language in the Eighth Schedule of the Constitution.

24th Constitutional Amendment Act, 1971

This amendment came to reverse what was held in Golaknath’s case. According to the amendment, parliament has the power to amend fundamental rights or any part of the Constitution. The parliament can, under Article 368, alter or amend any provision of the Constitution.

42nd Constitutional Amendment Act, 1976

This amendment is also famous as the mini Constitution. This amendment brought a big change in the Constitution’s Preamble by adding the words ‘SOCIALIST’, ‘SECULAR’, and ‘INTEGRITY’ to the Preamble. This amendment made it mandatory for the President to work with the aid and advice of the council of ministers. This amendment also added a vital Part IVA in the Constitution as Fundamental duties.

Read Next: Why the 42nd Amendment Is Called the “Mini Constitution of India”

44th Constitutional Amendment Act, 1978

After this amendment, the right to property no longer remained a Fundamental right in Part III of the Constitution. Now the right to property is only a legal and Constitutional right under Article 300A.

In Article 352, there are three grounds on which a national emergency can be imposed in India. One of the grounds, ‘internal disturbance,’ was substituted by the words ‘armed rebellion’. This amendment made it obligatory for the President to follow the advice tendered by the council of ministers after sending it for reconsideration. Now proclamation of emergency came under the ambit and judicial review of the court.

58th Constitutional Amendment Act, 1987

By this amendment, the people of India were given an authoritative text of the Constitution in the Hindi version.

61st Constitutional Amendment Act, 1988

This amendment brought a change in the pattern of the election in India. It reduced the voting age from 21 to 18 years.

73rd Constitutional Amendment Act, 1992

This amendment added Part XI to the Constitution to deal with the Panchayati Raj System in India. For more: 73rd Indian Constitutional Amendment Act of 1992 Explained

74th Constitutional Amendment Act, 1992

This amendment added Part IXA to the Constitution for municipalities.

77th Constitutional Amendment Act, 1995

This amendment added clause 4A in Article 16 of the Constitution for the promotion of scheduled castes and scheduled tribes in government jobs.

81st Constitutional Amendment Act, 2000

This amendment added clause 4B in Article 16 of the Constitution by ending the 50% ceiling cap for the reservation of SCs and STs. Through this amendment, parliament made a forward carry rule of backlog vacancies for SCs and STs.

86th Constitutional Amendment Act, 2002

This amendment brought a change in education for children. It added Article 21A in the Constitution as the right to education for children of age group 6 to 14 years. Now right to education has become a Fundamental Right.

92nd Constitutional Amendment Act, 2003

This amendment added four more languages to the Eighth Schedule of the Constitution, namely Bodo, Dogri, Santhali, and Maithili.

99th Constitutional Amendment Act, 2014

This amendment established the National Judicial Appointment Commission for the appointment of judges. But this commission was struck down as unconstitutional by the Supreme Court in 2015 and resumed with the collegium system to appoint judges.

101st Constitutional Amendment Act, 2017

This amendment brought the Goods and Services Tax as a comprehensive and multi-stage tax. GST abolished many central and state taxes and brought uniformity to the tax system. It applies to the whole of India.

103rd Constitutional Amendment Act, 2019

This amendment added clause 6 in Articles 15 and 16, respectively, to provide 10% reservation to the economically weaker section (EWS) who are not already a reserved category under SC, ST, and socially and economically backward classes. The reservation is made for access to government jobs and admissions.

Related: Supreme Court Judgement Related to EWS Reservations

104th Constitutional Amendment Act, 2020

This amendment has extended the period of reservation of seats for Scheduled Castes and Scheduled Tribes in the Lok Sabha and state assemblies. It also abolished the President’s power to nominate two Anglo-Indians to the Lok Sabha.

Read Next:
1. Basic, Must-Know Introduction of the Indian Constitution
2. What Is Election Law Amendment Act, 2021 and Its Pros and Cons
3. Amendment in the Indian Constitution – Procedure, Modes, and Types

18 Most Important Amendments to the Indian Constitution
Arushi

What Is Punishment?

Punishment is the penalty on someone as a result of their wrongdoing.

Crime is against society. Police aid in preventing crime by arresting the criminals and forwarding them to court, where they are punished according to the law. The result of crime is punishment. The main aim of punishment is to reform the criminals and convert them into good Samaritans (people who voluntarily offer help or sympathy in times of trouble) and law-abiding citizens. According to research, there are several theories of punishment. Let us see the essential ones.

There are eight important kinds or theories of punishment. They are:

Let us learn more about all these eight theories of punishment.

1. Deterrent Theory of Punishment

The word ‘deter’ means to prevent. Here, deterrent theory refers to refraining from doing a particular act. The main goal behind using this theory is to restrain criminals from committing a crime. In such theories, punishments awarded are severe in nature, which creates fear not only in the criminal’s mind but also in the minds of others. This theory is still prevalent in some Islamic countries.

In other words: The object of this theory is not only to prevent the wrongdoer from doing a wrong subsequently but also to make him an example for society and other people who have criminal tendencies.

Locke is a supporter of the deterrent theory and said that “every commissioner of crime should be made a ‘bad bargain’ for the offenders.”

Drawbacks of the Deterrent Theory of Punishment

1. Punishment fails to create fear in the minds of criminals once the punishment is over.
2. This type of punishment fails to create fear in the minds of hardened criminals.
3. Arouses sympathy in the mind of the public for criminals.

Example of the deterrent theory of punishment: Post Nirbhaya judgment, still rape cases are on the rise.

2. Retributive Theory of Punishment

The word ‘retribute’ means to give in return the same thing that has been received. To payback. It is also known as Vengeance Theory. It is based on the principle – tit for tat. This theory is against the principle of Mahatma Gandhi.

There was a belief that if the offender is subjected to the same torture as he had done to the victim, then it makes the offender realise what he has done.

In other words: This theory proposes tit for tat, eye for an eye, tooth for a tooth. The punishment has to be proportional to the crime committed. The believers of this theory say that criminals must suffer pain. Retributive theory is the most ancient theory of justice.

Drawbacks of the Retributive Theory of Punishment

1. It exasperates (irritates and frustrates intensely) the offender.
2. There is no relief for the offence committed by the offender.
3. This type of punishment reflects the wild character of justice.
4. Punishment may not always be revengeful.

Example of the retributive theory of punishment: Rape in return for rape may not be a punishment for the offender.

3. Preventive Theory of Punishment

The main aim of this theory is to prevent crime. When criminals are kept in jails, they are kept out of society. The object of this theory is to prevent or disable the offenders from repeating the offence by giving them punishment. A supporter of preventive theory is Paton.

Examples of the preventive theory of punishment include death, life imprisonment, forfeiture of property, etc.

Drawbacks of the Preventive Theory of Punishment

1. Fails to fulfil the aim of juvenile offenders and offenders who have committed the offence for the first time.

Case Law: Dr Jacob vs the State of Kerala: The apex court stated that punishment should be deterrent, retributive, preventive, expiatory, compensatory, incapacitation and utilitarian theory. Preference for one theory over the other is not a good policy to award punishment.

4. Reformative Theory of Punishment

This theory focuses on reforming criminals and bringing them back to society as good and law-abiding citizens. This is based on the Gandhian principle: Hate the sin, not the sinner.

This theory was successful to some extent in the case of juveniles. Some work or craftsmanship is imposed on the offender during his period of confinement with the aim that he will start a new life after his punishment is over.

Example of the reformative theory of punishment: Ankit, a prisoner, has learned pottery during his stay in jail. After his release from jail, he started a pottery business, earned his livelihood and lived happily.

Drawbacks of the Reformative Theory of Punishment

1. If this theory is applied to criminals, the prison will no longer remain a prison but rather become a dwelling house.
2. This theory fails to meet its objective on criminals who are habitual offenders.
3. If a good citizen is punished for what he has not done, this theory may have adverse effects.

5. Expiatory or Compensatory Theory of Punishment

The theorists of this theory say that the object of punishment is self-realisation. If the offender, after committing an offence, realises his guilt, then he must be forgiven.

In other words: This theory relies on compensation to the victim for the loss caused by the accused. In this way, the offenders are made to realise the same sufferings they have caused to the victim.

Example of the expiatory or compensatory theory of punishment: Sukant, who injured Bikash, undergoes imprisonment where he was made to work and sell his outcomes. The money earned is provided to Bikash to compensate for his treatment.

Drawbacks of the Expiatory or Compensatory Theory of Punishment

1. Oversimplification of the motive of the crime.
2. Too idealistic
3. Too impracticable in modern society.

Case Laws:

1. DK Vasu vs State of West Bengal: A victim who is guaranteed fundamental rights of the Constitution must be compensated as he is guaranteed the right to personal life and liberty under Article 21 of the Constitution, which was violated by the officer of the State.

2. State of Gujarat vs High Court of Gujarat: The court has raised serious concerns where the victim is paid from the daily wages that are earned by the criminal during his confinement and demanded comprehensive legislation for the same.

6. Incapacitation Theory of Punishment

This theory puts the criminals into the state of being incapacitated to prevent the offence. A fear also grows in the minds of the criminals and future generations before attempting to commit future crimes, thus preventing it.

Incapacitated means deprived of strength or power.

Example of the incapacitation theory of punishment: Capital punishments and life imprisonment.

According to a report by Chicago University, such a theory succeeded in eliminating twenty percent of the crime.

7. Utilitarian Theory of Punishment

This theory applies discouraging methods on criminals to prevent crimes such as crippling or disablement, etc. This theory provides both affirmative and negative results. Such punishments are considered to be very harsh in nature.

Example of the utilitarian theory of punishment: Death penalty for murder convict.

8. Multiple Approach Theory

If a single theory fails to meet the objective, then a combination of theories is the choice. Hence, the court should make a judicious approach while selecting theories of punishment.

Conclusion

The very purpose of awarding punishment is to avoid crime in society. The root cause of crime must be found and addressed to reduce crime in society, with some of the root causes being unemployment, education, etc.

In some heinous crimes like rape, murder, etc., where punishment cannot fulfil the damage caused, in such cases, the victims must be awarded compensation with fair and speedy justice. The court should think from every aspect while awarding punishment because a hundred accused may go off, but an innocent person should not be punished.

Student’s Query: In India, what justice do we follow – retributive justice or restorative?

Answer: In India, we follow and emphasise the reformative theory of justice or restorative justice. We believe in solving crime. It is the intention of committing a crime that needs to be separated from a criminal. If we can change a person’s mindset by ways and means, then that will be the true victory of preventing crime.

Read Next:
1. What Are the Differences Between Sin and Crime
2. What Is Criminology and Four Important Schools of Criminology

8 Kinds and Theories of Punishment
Arushi

In this law article, you will learn about the doctrine of res judicata under the Indian Civil Procedure Code of 1908.

Meaning of Res Judicata in CPC

The word “res” means subject matter, and the word “judicata” means decided.

Res judicata is the Latin term for a matter judged. It means a thing decided. Section 11 of the Civil Procedure Code, 1908 talks about the doctrine of res judicata.

Res judicata applies in a case where there has been a final judgment, and it is no longer subject to appeal. Res judicata can also be used to bar (stop, block) continued litigation of a case on the same issues between the same parties.

Further, the doctrine of res judicata includes two related concepts:

1. Claim preclusion: Claim preclusion focuses on barring a lawsuit from being brought again on a legal cause of action that has already been finally decided and resolved between the parties.
2. Issue preclusion: Issue preclusion prohibits the re-litigation of factual issues that have already been determined by a judge as a part of an earlier claim.

Definition of the Res Judicata

According to section 11 of the Civil Procedure Code, no court has the authority to try any new lawsuit or matters that have already been resolved in prior litigation between the same parties. The doctrine of res judicata applies to a case where a decision has been made that is final and cannot be appealed.

Also See: What Is Stay of Suit or Res Sub Judice Under CPC?

Res Judicata Is Based on 3 Maxims

The doctrine of res judicata is based on three maxims. They are:

1. Nemo debet bis vexari pro una et eadem causa: It means no man shall be punished twice for the same offence.

2. Interest Reipublicae Ut Sit Finis Litium: It means it is in the interest of the state that there should be an end to litigation. Or litigation must come to an end.

3. Res Judicata Pro Veritate Accipitur: It means that a judicial decision must be accepted as correct.

Conditions for Res Judicata

For the application of the doctrine of res judicata, the following conditions must be satisfied:

• There must be two lawsuits, one previous and one subsequent. “Previous lawsuit” means the lawsuit that was decided previously. It makes no difference when the lawsuit was filed; when the court makes its decision is what matters.
• The parties to both the lawsuits (former lawsuit and subsequent lawsuit) must be the same.
• The competent court must have finally decided on the former lawsuit/case.
• The matter at issue must be the same in the subsequent suit.
• Parties in both lawsuits must have litigated under the same title, i.e., similar legal action.

When Res Judicata Does Not Apply

According to the doctrine of res judicata, a new lawsuit can not be brought against any lawsuit that has already been heard and decided by the competent court. However, there are certain conditions when a new lawsuit can be brought against any lawsuit that has been adjudged before, and the doctrine of res judicata would not apply.

The exceptions to the doctrine of res judicata are:

1. Cases Related to Income Tax and Sales Tax

The doctrine of res judicata does not apply to cases related to income tax and sales tax. The Supreme Court held in Instalment Supply Private Limited vs Union of India (1962) that each year’s assessment is final for that year and does not apply to succeeding or subsequent years since it only determines the tax for that particular time frame.

2. Special Leave Petition

The doctrine of res judicata contained in section 11 of the Civil Procedure Code does not apply when the special leave petition is dismissed without adjudication or decision.

3. Different Causes of Action

The doctrine given under section 11 of the Civil Procedure Code will not be applied when there is a different cause of action in any subsequent suit.

4. Arbitration Cases

Res judicata does not apply to arbitration cases, and it is at the discretion of the parties to bring the appeal or not. Section 8 of the Arbitration and Conciliation Act provides the provision for the same.

Important: Some sources say that res judicata applies to arbitration proceedings, and some sources say it doesn’t. It is nowhere accurately mentioned. So, please take this with a pinch of salt.

5. Writ of Habeas Corpus

The general rule is that the doctrine of res judicata can be applied to writ lawsuits, but it should not violate any citizen’s fundamental rights. However, the doctrine of res judicata does not apply to the writ of habeas corpus. Due to the court’s failure to decide on the issues of the case, a future petition under Article 32 cannot be prevented by dismissing the initial petition as withdrawn.

Read Next:

• Difference and Similarity Between Res Sub Judice and Res Judicata in CPC
• What Is Representative Suit as Per Civil Procedure Code
• Iftikhar Ahmed vs Syed Meharban Ali and Others – Case Explained

What Is the Meaning of Res Judicata in Civil Procedure Code?
Arushi

Each state has its own local laws. Thus, every state judicial exam contains a few local laws in its syllabus.

If we take a look at the Rajasthan judiciary syllabus, there is Rajasthan Rent Control Act, SC/ST Act, and more. In Himachal Pradesh, there is the Stamp Act, Forest Act, Wildlife Act, and others.

Likewise, every state has three to four local laws for regulating state affairs. Covering local acts for judicial exams is important for prelims as well as the mains examination.

Moreover, a judge of a state is expected to have good knowledge of local acts in order to dispense fair judgment.

Local laws in judicial exams carry a substantial weightage of marks. Generally, twenty to thirty percent of questions come from local acts. Avoiding local laws in the examination can cause a hindrance in scoring good marks.

How to Prepare Local Laws for Judiciary Exams

A candidate preparing for judicial services examination, finds himself or herself under immense stress and pressure. Reading, understanding, and revising law subjects takes time. Candidates feel there is inadequate time to prepare for local laws after covering the core subjects.

Here are some ways which can help in your judiciary exam preparation.

1. Allocate a reasonable and appropriate time for every subject. It is vital. You cannot put your focus, time, and energy only on selective subjects.

Each subject has its own importance. For example, a subject that only carries 5 marks in the exam cannot be given more importance than a subject that carries long questions of 20 marks.

2. Make a schedule or a timetable and work according to it. Distributing subjects day-wise can make your work easy and convenient.

3. Local laws can be covered only through bare acts. There is no requirement for any reference books or guides. Reading bare acts properly is more than enough.

4. The questions from local laws are not that tough. If you read it 2-3 times, you will be able to answer them easily. While reading local acts, try to make short notes which you can revise before exams.

5. Always highlight essential words and lines while reading the bare act. You can remember a section only by a word or a sentence if you have the highlights in mind.

6. The preliminary questions from local acts are quite easy and not much twisted. They can be easily answered by using some logic and memory.

7. Revision is the golden key for any service or exam. The more you revise, the more you feel confident in that subject. Local laws are generally read when the exam is near. So, from that point of view, they require more revision.

8. Local acts of any state are not very lengthy. A local Act may be completed in even a day. But never speed up the process to study a new thing because you are looking to save time for revision. If you do not understand the concept well, there is no point in revising it.

9. At the end moment, go through all the points and words you have highlighted earlier. This can speed up your revision, and you will be able to generalise concepts in your mind.

10. If you think that a local law carries only 3-4 marks in the exam and is quite lengthy, then you may decide to leave it for the purpose of preliminary. Studying smart is the real strategy. Plan your time wisely.

Previous Year Question Paper for Local Laws.

Kindly check the syllabus of the state for which you are preparing. Make a list of local laws that need to be covered. Go through the previous year’s question papers. They will give you an idea as to how questions are framed and how many questions have been asked from a particular local act.

Some states like Madhya Pradesh issue allocation of marks to every subject in their syllabus. Therefore, it is better to take ideas from previous year papers.

Conclusion.

Smart study is preferred over hard work. For a local act, stick to its bare act book and nothing else. For the purpose of the mains examination, you can add important case laws for framing your answers up to the mark.

The local bare acts are also available on official websites in pdf form. Download and study from there. Local laws are scoring subjects if written well in the mains exam. They can secure your name on the merit list.

How to Cover Local Laws for Judiciary Exams
Arushi

Judgment writing is an essential part of the judicial services examination. Be it civil judge junior division or higher judicial services, candidates preparing for judiciary exams face questions related to judgment writing.

1. What is Judgment?
2. Best Judgment Writing Tips For Judicial Services Exam
3. Judgment Writing Format (Civil and Criminal)

What is Judgment?

The term judgment is defined in section 2(9) of the Civil Procedure Code, 1908, as “the statement given by the judge on the grounds of a decree or order.”

It means that a judge delivers his judgment on the merits of the decree of a case.

A judgment in a case should be such that conclusively describes the rights and liabilities of the parties on the basis of the decree.

Best Judgment Writing Tips For Judicial Services Exam

The art of writing the best judgment comes from the clarity of legal provisions and principles. The better you understand the law, the brighter it reflects in your judgment.

Every judicial exam contains questions related to judgment writing. Therefore, you must learn the style, art, and format of writing a judgment. There are some minute differences in civil and criminal judgment writing. However, the essence of both is the same; that is, the law and its applicability.

Why You Should Learn Judgment Writing

Delivering judgment in an open court is the main task a judge performs while acting judicially. It is the judgment in a case that sets a precedent for subsequent similar circumstances.

Judgment writing is so important that even in judicial exams it carries a good weightage of marks. If you write it well, you can score excellent marks in the Mains examination. Beautiful judgment writing further leaves a good impression in the mind of the examiner.

What Is the Most Important Thing In Judgment Writing

The soul of judgment writing is the correct application of the law on given facts and circumstances.

The issues put before you in the exam paper examine your analytical skills that how you apply your mind to given facts and issues. Every student reads the law, but that is not enough. Knowing the crux of the law is what is required.

What Is the Format Of Judgment Writing

Candidates preparing for the judicial services exam often ask for the best format of judgment writing. As we mentioned earlier, it is not the best format, but the words written in judgment reflect the mind of a judge.

It is crucial that while giving judgment, a judge must go through all facts of the case. In criminal jurisprudence, it is said that judgment should be delivered beyond a reasonable doubt. This is the reason, the nib of the pen is broken after giving a death sentence so that it can never be used to do that again.

Judgment Writing Format (Civil and Criminal)

1. At the top of the page comes the name of the court in which the suit is being tried, and in brackets, the name of the presiding judge is written.

2. Then after it, on the left side, the civil suit number is written, and the year it started. In a criminal case, you write the charges under which a person is charged.

3. Then, leaving a space of a line, on the left side, you write the plaintiff’s details, such as name, residence, and occupation. In a criminal case, you write the state of XYZ as the state is a prosecutor in a criminal case.

4. Then below it, putting the abbreviation of versus (vs.) in between, comes the details of the defendant, such as name, residence, and occupation. In criminal cases comes the details of the defendant.

5. After writing details, in the centre, you write in bold the word ‘JUDGMENT‘ and in brackets the date of judgment. Same in a criminal case.

6. Then comes the body of the judgment. The first paragraph should contain the nature of the suit.

7. The subsequent paragraph should contain the facts admitted by parties and, in a criminal case, if the accused has given any statement or confession, if any.

8. Then, in brief, the case of the plaintiff and defendant should be written concisely.

9. After it, the issues and findings, points of determination have to be written. The issues can be written like issue 1, issue 2, and likewise.

10. The description of pieces of evidence taken, findings, reasons of findings, and their significance for the case, everything must be stated.

11. If it is a property suit, then it should contain a description of the property as well. In a criminal case, the description of weapons is to be written, if any, discovered or seized.

12. The judgment should be specific and must not contain any ambiguity.

13. Every page of judgment is to be signed by the judge. It should contain the seal of the court and the designation of the judge.

Note: The judgment writing in civil and criminal differs. The format slightly changes. But the format mentioned above clearly gives you a description as to how to write the best judgment.

Some of the changes are that, in place of a civil suit number, in criminal cases, charges are written, and at the end of the judgment, liability and punishment are imposed on the accused. Whereas in civil suits, fine, specific performance, and damages are imposed on the defendant or judgment debtor.

Helpful External Resources:

• Sample of a Civil Judgment Writing: Sonia Mehra vs. Manisha Rawat – Courtesy of Legit Quest
• Sample of a Criminal Judgment Writing: State of Maharashtra vs. Suresh s.o Tukaram Waghade & Others – Courtesy of Legit Quest
• 7 Steps to Clearer Judgment Writing: Courtesy of Maharashtra Judicial Academy

13 Judgment Writing Tips for Judicial Services Exams
Arushi

Adding case laws to an answer makes it more impressive and leaves a good impact on the teacher. It shows that a student has prepared well. There are many topics in a particular law subject, and each requires at least two to three cases to be remembered.

During exam preparation, reading case laws make a student learn the law more practically. Students rightly complain that they feel difficulty remembering them. They wonder what if I forget essential case laws while writing the answer, or how will I remember so many case laws? Therefore, to decrease anxiety, here are a few tips to keep in mind.

6 Tips to Remember Case Laws

1. Always remember that each case law is not relevant.

2. From every subject, be it the Constitution or the Indian Penal Code, there are approximately 40 to 50 essential case laws, not more than that.

3. The number of important case laws varies from subject to subject. Like in the Constitution, which is a bulky subject, there are around 50 crucial case laws. Whereas the Indian Evidence Act, which is a short act, has approximately 30 essential case laws.

4. Prepare a list of famous case laws and read them again and again. Don’t burden your mind by mugging them up. Never train yourself this way. Just make a habit of looking at case laws every day or every alternate day.

5. Use a notebook to write the names of the cases and a gist of one or two lines having what the court propounded in that case. Writing makes it easier to keep in mind for longer durations.

6. Instead of the court that handled the case, or the year, make sure to remember the final judgement.

What If You Don’t Remember Case Laws

Sometimes, even after practice, you may not remember case laws. While writing an exam, even if you forget the name of a case, you may simply write its verdict or what the court held in that case. The title of a case is not essential. If you write it, then it’s good, but if you don’t specify the name, then too it is all okay. The main thing to mention is the judgment of a case and not its name or year.

Practice To Keep Case Laws In Mind

See, there is no actual trick to remembering case laws, except studying smartly and studying repeatedly! Nobody can give you a tonic that you can drink and instantly start murmuring case laws fluently. It is never like this!

The only thing you can make sure is to focus on things that matter. Cut the unnecessary ones from your study arena. It is better to understand and remember fewer amounts of cases perfectly than to vaguely know about many.

When you know a fact dimly, outside the exam hall, you feel, yes, I will write about this! But when you have the answer sheet and pen in your hand, you may become clueless.

One practice that can overcome this sad situation is writing when studying. When you write for months during your preparation, the same is reflected when you are in the exam hall. Things become easy, and your pen starts flowing naturally. Always remember, a pen is mightier than the mind!

Read Next:
1. What Are Case Comments and Their Significance in Legal Analysis?
2. Importance of Case Analysis and Understanding of Cases in Legal Studies
3. What Do You Mean by Citation of Cases?

How to Remember Important Case Laws
Arushi

Every statute contains hundreds of sections. Memorising all of them is a big challenge. It is next to impossible. Also, every person can’t be a master in numbers. At some point, there arises confusion, and then you start thinking that it would have been better if I had opted for engineering or MBBS instead of law.

Learning sections make you irritated, and you doubt your capability. Hold yourself back from doing this. Every problem has a solution.

The very first thing to do is to focus most of your time on only important sections and articles. Bare Acts are enormous. Allotting full concentration to all parts and sections is not possible. So, first, know where to give your maximum energy. Once you do that, here are some tips to help you remember the bare act sections and articles.

How to Memorise Bare Act Sections

1. Go through the contents or index page of the bare act in the morning.

2. Make sure you try to learn ten sections a day.

3. Always make a habit of revising at least fifteen sections every day. If you want, just learn five new sections a day, but increase the revision number to twenty.

4. Write the section and article names in a notebook. Practice it multiple times during your law course. Slow and steady, you will have them engraved in your mind.

5. Reading the full bare act text repeatedly helps in remembering section numbers.

6. If you are reading Section 125 of CrPC, which is maintenance, then just close your eyes and try to recall the maintenance provisions given in other statutes as well. Like Sections 24 and 25 of the Hindu Marriage Act, and section 18 of the Hindu Adoption and Maintenance Act.

7. Try to make mnemonics of sections to remember them for the long term. Any word, phrase, or line can make you remember so many sections. Refer to the illustration given below. You can understand and get an idea of how you can make a word to remember such lengthy provisions. Here is how:

Illustration

Please know that this is a personal trick. You may make your own according to what helps you understand and remember.

Section 41 CrPC – When police may arrest without a warrant.

(1) Any police officer may, without an order from a Magistrate and without a warrant, arrest any person-

Trick: CIP²SODER²

(a) who has been concerned in any cognizable offence, or against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists, of his having been so concerned; or

(b) who has in his possession without lawful excuse, the burden of proving which excuse shall lie on such person, any implement of house-breaking; or

(c) who has been proclaimed as an offender either under this Code or by order of the State Government; or

(d) in whose possession anything is found which may reasonably be suspected to be stolen property and who may reasonably be suspected of having committed an offence with reference to such thing; or

(e) who obstructs a police officer while in the execution of his duty, or who has escaped, or attempts to escape, from lawful custody; or

(f) who is reasonably suspected of being a deserter from any of the Armed Forces of the Union; or

(g) who has been concerned in, or against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists, of his having been concerned in, any act committed at any place out of India which, if committed in India, would have been punishable as an offence, and for which he is, under any law relating to extradition, or otherwise, liable to be apprehended or detained in custody in India; or

(h) who, being a released convict, commits a breach of any rule made under sub-section (5) of section 365; or

(i) for whose arrest any requisition, whether written or oral, has been received from another police officer, provided that the requisition specifies the person to be arrested and the offence or other cause for which the arrest is to be made, and it appears therefrom that the person might lawfully be arrested without a warrant by the officer who issued the requisition.

The small phrase CIP²SODER² has one starting word for the most important points of the sub-clauses of section 41 of CrPC. C for cognizable, I for information, P for possession, another P for proclaimed, and so on.

Such a trick may help remember long sections.

Remembering Bare Act Sections

During the LL.B. course, a student has to study almost thirty subjects, which makes the schedule hectic and burdensome. A well-known saying is that a law student always remains a student. There is no end to learning in the field of law. He needs to be updated with new sections and the latest amendments. The more you learn, the more you gain.

Make a proper studying schedule and stick to it. Do you see how a person with a job has to sit for eight or nine hours regularly? Adopt a similar strategy for legal studies. After all, the work you do now will reflect in your career.

7 Tips to Remember Bare Act Sections for Law Students
Arushi

It is often said that a thing can create a good impression by its representation. The same is with the writing technique. It is a significant area for exam preparing students to enhance it.

A candidate is expected to give the best answer from his side. Examiners usually do not know whose paper they are checking, but by a good presentation of answers, they can assume and predict that the student is well versed with the topics and has good knowledge about them. Answer writing can make a student’s image positive or negative in the mind of the examiner.

A candidate must work on how to make his answer different and unique from the others. Answer writing technique is nothing but the portrayal of clear vision and thoughts. There are no hard and fast rules that can make a person good, better, or best in answer writing. It is one’s own capability and sincere efforts. But a few essentials can certainly help. Let us have a look.

10 Best Answer Writing Tips for Law Exams

There are some simple and natural methods to develop a good answer writing technique in law exams. You do not need any external source for it. It can be achieved only by your dedication and working in the right direction. Some methods are as follows:

1. More Reading.

The first and foremost method is to read more. The more you read, the more you get acquainted with the right words and vocabulary. When you read, you grasp and memorise so many words with their usage in a sentence. And when you know more words, you can write your thoughts quickly.

2. Practice Writing Daily.

If you are preparing for any examination, remember one thing: the more you practice with your weakness, the more chances you will win. Daily writing practise enhances your writing speed. When we write, we can analyse our mistakes, and this is the area that is to be improved.

3. Topic Clarity.

For writing a good and impressive answer, it is crucial to know about the topic. If a person has understood the topic well, his answer can be the best among the rest. Having all details of the topic gives you a clear vision to produce thoughts and write them on paper. Therefore more than mugging up the material, try to understand it.

4. Fewer Mistakes.

When you write an answer, try not to make many mistakes. So many mistakes on a page give the examiner an impression that the candidate is confused and does not have in-depth knowledge of the topic. Therefore, it is essential to keep a grip on making mistakes and write fluently.

5. Previous Year Papers.

When you appear for an exam, be it a college exam or competitive exam, it is vital to go through your concerned exam’s previous years’ question papers. Looking at past year papers, you get the idea of the question pattern that comes in the exam and get a clue of essential topics that can be asked.

Try to know about as many topics of writing you can practice in a reasonable time. Having a list of important questions in hand gives you the confidence to write well in the exam.

6. Read the Mind of the Examiner.

Before attempting any question in exam time, try to read the given question two to three times. All you need is to read the examiner’s mind as to what he actually desires to ask or obtain from a particular question.

Sometimes you read a question in such a hurry that you miss out on the real intent of the examiner asking that question. Therefore, it is necessary to read questions properly and then answer them accordingly.

7. Avoid Fancy Words.

While writing an answer in the exam, try to use simple words and sentences. It is advised not to use big fancy words to impress the examiner. When you write simple, easy, and straightforward sentences, it is easy for an examiner to understand your views.

Overly decorated words sometimes miss the connection of the topic with the answer, and as a result, the examiner gives average marks even if the answer was correct.

8. Quick Response in Less Time.

It often happens with the students that when they are nearer to the exam’s time limit, they have an important question left to be attempted. In such a situation, the candidate finds himself in panic, and he loses confidence in completing it on time. In such a situation, one must follow a quick response strategy. It has helped many students across the world.

What you need to do is, in the limited time, you have to understand the question and its areas. Try to build your answers by using flow charts, keywords and summarise your answers in points. Instead of giving an incomplete answer to the examiner, you may opt to give him a blueprint of your answer.

9. Stick to the Point.

While writing an answer, always remember that you need to be precise and stick to the concerned point. Stating stories around it irritates the examiner and ruins his time. If you know limited material for a particular answer, try to write it in points and then summarise it beautifully. Don’t repeat your points.

10. Stick to the Time Limit.

Be cautious with the time limit while attempting written paper. A single question can’t take more time than is actually required. If you do not manage your time, it can create chaos.

Completing all questions within framed time is the biggest challenge in the written exam. There might be some questions in which you are not very confident.

If you complete your other questions on time or before time, you may give extra time to those questions in which you are doubtful or not confident. Time management is necessary for an effective written exam.

These are the ten effective tips for writing inspiring answers in any written law exam. I hope you enjoyed reading this and found them helpful.

Read Next:
1. Law Study Material
2. How to Prepare for GS Paper
3. Best Books for Judiciary Exam Preparation

Best Answer Writing Tips for Law Exams
Arushi

It is said that India does not have anything of its own in the Constitution because we have borrowed concepts from other nations’ Constitutions. In other words, our Constitution is considered a borrowing bag because we have adopted many of our constitutional concepts from different sources.

But there is nothing wrong with it. Adopting good things from others and assimilating in oneself is a wise act.

After independence, it was a challenge for constitutional drafters and makers to decide what to add and what not to. The country with diversity in culture, linguistics, beliefs, customs, and usages, which was ruled for so long, was to be given the Constitution. It was not an easy task.

Dr Bhim Rao Ambedkar, the chairman of the drafting committee and other members proved their capability and intelligence by giving to the people the Constitution of India.

Here are the country-wise sources from where we have adopted or borrowed the essential features of the Constitution of India.

Sources of the Indian Constitution

Government of India Act, 1935

These features of the current Indian Constitution have been inspired by the Government of India Act of 1935:

1. Federal system: Note: A federation with a strong centre has been borrowed from the Canadian Constitution but was a part of the Government of India Act of 1935.
2. Governor’s office
3. Structure of judiciary or the structure of Supreme Court, High Court and subordinate courts (Articles 124 to 147)
4. Public Service Commission (Articles 315 to 323)
5. Emergency provisions (Articles 352 to 360)
6. Distribution of power

British Constitution

The following features of the Constitution of India have been borrowed from the British Constitution:

1. Parliamentary system or parliamentary form of government
2. Legislative process or law-making procedure
3. Single citizenship (Articles 5-11)
4. Cabinet system
5. Writs (Article 32 and Article 226)
6. Parliamentary privileges
7. Bicameralism
8. Nominal head of state
9. Rule of law
10. Collective responsibility
11. Political party system
12. Real executives

Irish Constitution

The following provisions of the Indian Constitution have been borrowed from the Constitution of Ireland:

1. Directive Principles of State Policy (Article 36-51)
2. Method of the President’s election (Article 55)
3. Nomination of member in Rajya Sabha (Article 80)

American Constitution

The following provisions of the Indian Constitution have been taken from the Constitution of the United States:

1. Fundamental Rights (philosophical part) (Article 12 to 35)
2. Independence of Judiciary
3. Judicial review (Article 13)
4. Post of Vice-President
5. The Removal of Supreme Court and High Court Judges (Article 124(4))
6. Impeachment of President (Article 61)
7. Idea of the Preamble
8. Written Constitution
9. Equal Protection of the Law

Australian Constitution

The following features of the Indian Constitution have been borrowed from the Constitution of Australia:

1. Concurrent list mentioned in the 7th Schedule
2. Trade and commerce provisions (Articles 301 to 307)
3. Joint sitting of the two Houses of Parliament (Article 108)
4. Language of Preamble

Germany’s Constitution

This provision of the Indian Constitution has been borrowed from the Weimar (~current Germany) Constitution:

1. Suspension of fundamental rights during emergency

French Constitution

The following features of the Indian Constitution have been taken from the Constitution of France:

1. Republican structure
2. The ideals of liberty, equality, fraternity and republic, expressed in the Preamble

Japan’s Constitution

This feature of the Indian Constitution has been borrowed from the Constitution of Japan:

1. Procedure established by law (Article 21)

South Africa’s Constitution

The following provisions of the Indian Constitution have been taken from the Constitution of South Africa:

1. Amendment procedure of the Constitution (Article 368)
2. Election procedure of the members of the Rajya Sabha

USSR’s Constitution

The following provisions of the Indian Constitution have been taken from the Constitution of the Soviet Union (currently Russia):

1. Fundamental duties (Article 51A)
2. Ideals of justice – social, economic and political, expressed in the Preamble
3. Five-year plan

Canadian Constitution

The following provisions of the Indian Constitution have been taken from the Constitution of Canada:

1. Federal structure with a powerful center
2. Residuary power in the centre (Article 248)
3. Advisory jurisdiction of the Supreme Court (Article 143)
4. Union of India
5. Centre-state relations
6. Appointment of state government by the central government (Article 155 and Article 157)

These were all the 49 provisions of the current Indian Constitution taken from other countries around the world.

49 Features of Indian Constitution Taken From Other Countries
Arushi

India is a country that is opening its doors for western ideas and lifestyles. Whether it is good or bad is up to an individual to decide. One amongst them is the concept of live-in relationships.

In this article, let us learn about live-in relationships and see if it is allowed by law or not.

Is Live-In Relationship Allowed in India?

The Supreme Court in Indra Sarma vs V.K.V. Sharma said that “Live-in relationship like marriage is neither a crime nor a sin, though socially unacceptable in this country.” So, in short, it is allowed.

The decision to marry or not to marry or to have a heterosexual relationship is intensely personal. The Protection of Women from Domestic Violence Act, 2005 is considered to be the first piece of legislation that covered relations “in the nature of marriage” and has provided legal recognition to relations outside marriage.

Supreme Court Guidelines to Recognise Live-In Relationship

Supreme Court in S Khushboo vs Kanniammal & Anr (2010) issued some guidelines to recognise live-in relationship:

1. The couple must hold themselves out to society as being akin to spouses.
2. They must be of legal age to marry.
3. They must be otherwise qualified to enter into a legal marriage, including being unmarried.
4. They must have voluntarily cohabited and held themselves out to the world as being akin to spouses for a significant period of time.

Note: If a man has a night out with a woman and engages in sexual activities or lives with someone for some days on vacation, it does not qualify for a domestic relationship. Also, if a man has a ‘keep/mistress/rakhail whom he supports financially and has her only for sexual purposes (or as a servant or both), then such a relationship is not marriage in Supreme Court’s opinion.

What Supreme Court Said Regarding Child Born Out of Live-In Relationships

In D Patchaiammal vs D Velusamy, Supreme Court ruled out that if a man and woman are having a live-in relationship for an extended period, they will be taken as a married couple in the society, and the child born out of this relation would be called legitimate.

The same thing was said in Bharata Matha & Ors vs R. Vijaya Renganathan & Ors regarding the child’s legitimacy.

What Delhi High Court Said Regarding Live-In Relationships

The Delhi High Court, in its decision on 10 August 2010, in Alok Kumar vs State & Anr, while dealing with the validity of the live-in relationship, held that-

Live-in relationship is a walk-in and walk-out relationship. There are no strings attached to this relationship, neither this relationship creates any legal bond between the parties. It is a contract of living together which is renewed every day by the parties and can be terminated by either of the parties without the consent of the other party, and one party can walk out at will at any time.

Why Some People Like Live-In Relationship

Sometimes partners see live-in relationships as a way to lead a liberal life because it does not require the dedication and responsibility that marriage demands. Walking out of a live-in relationship is much easier than going out of a marriage.

Today’s metro life and modern lifestyle also support these relationships. Basically, live-in relationships are not a question of a moral fight. Even jurisprudential theory states that a law has to be distinguished from morality. Living with a partner without performing requisite ceremonies is one’s own choice. Article 21 of the Constitution of India enshrines the Right to Life.

In short:

What Is a Live-in-Relationship and What Are the Rights of Live-In Partners Under Indian Laws?

Initially, in Badri Prasad vs Dy. Director of Consolidation and Ors., Hon’ble Supreme Court in 1978 held that in case a couple lives together for a long period of time like 50 years in the said case, then that live-in-relationship will be considered as marriage, and the couple will be regarded as husband and wife under Indian law.

Live-in-relationship is nowhere defined in any Act, but as per Hon’ble Supreme Court in D. Veluswamy vs D. Patchaiamal, it was established that section 2(f) of the Protection of Women from Domestic Violence Act, 2005, deals with the definition of domestic relationship, which means “relationship in the nature of marriage”. This term includes live-in-relationship if certain conditions laid down by the Hon’ble Supreme Court are fulfilled. These conditions include:-

• Long duration of live-in-relationship.
• Shared household.
• Pooling of resources and financial arrangements resulting in domestic arrangements.
• Sexual relationship.
• Socially hold themselves out to society.

If conditions given above are fulfilled, in that case, live-in-partners are given certain rights under the Indian laws:-

• Lady partner in a live-in-relationship is eligible for maintenance under section 125 of Criminal Procedure Code, 1973, wherein she can ask maintenance during or after the relationship;
• Live-in-partners are provided with all the rights given under the Protection of Women from Domestic Violence Act.
• If a child is born out of a live-in-relationship, in that case, the child is considered to be legitimate under section 16 of the Hindu Marriage Act, 1955. The child also has inheritance rights both in ancestral and self brought properties.

You may also like: Muta Marriage – A temporary marriage for sexual pleasure

Another recent ruling: Live-in relationships are morally and socially not acceptable, said Punjab and Haryana High Court. The court declined protection to the couple from their parents in apprehended danger of their lives. The court said that in seeking protection, the couple seeks the seal of approval for their relation, which is not acceptable. Full Story

Live-In Relationship in India – Is It Allowed by Law?
Arushi