Estate planning is a crucial part of financial and legal planning, yet it is often neglected or delayed by many individuals.

Estate planning is preparing legal documents that outline how a person’s assets will be distributed after they pass away. This includes a will, trust, power of attorney, and other legal documents.

Estate planning may seem discouraging or unpleasant, but it is a critical step that everyone should take to ensure their wishes are carried out and their loved ones are protected.

Why Everyone Should Have a Will and Trust

One of the most important reasons everyone should have a will and trust is to ensure their assets are distributed according to their wishes.

If a will is not there, the distribution of assets is determined by state law, which may not align with a person’s wishes or intentions.

There are also emotional benefits. By taking the time to create an estate plan, individuals can provide peace of mind for themselves and their loved ones. They can feel secure knowing their wishes will be respected and their affairs are in order. For families, estate planning can help avoid disputes and tension by clarifying the intentions of the deceased.

Will

A will allows individuals to choose who will manage their estate, serve as guardians for their children, and designate beneficiaries for their assets. This can help avoid disputes and ensure that assets are distributed fairly and efficiently.

Another benefit is that the special instruction shall be followed as instructed in the will. It also gives quicker access to properties or benefits to their inheritance without any external conflict or pressure.

Note: At present, the Indian Succession Act of 1925 is followed in cases of intestacy (a situation in which a person dies without a valid will or declaration of his assets).

Trust

A trust is a special agreement where someone takes care of things for others. A trust can also be a valuable tool in estate planning, particularly for individuals with significant assets or complex family situations. Unlike a will, a trust can provide greater control over how assets are distributed and can offer more privacy and flexibility. A trust can help minimize estate taxes and avoid the probate process, which can be time-consuming and expensive.

Power of Attorney

The designation of a power of attorney is another essential aspect of estate planning. This legal document appoints an individual to make decisions on behalf of a person if he becomes incapacitated or unable to make decisions for him. These decisions are related to medical care, finances, and other important matters. By designating a power of attorney, individuals can ensure that their wishes are respected and that their affairs are handled appropriately.

Consequences of Not Having an Estate Plan

While estate planning may seem like something that only wealthy individuals or those with complicated family situations need to worry about, the reality is that everyone can benefit from having an estate plan in place.

Failing to plan assets can have serious consequences for both individuals and their loved ones. For example, without a will or trust, a person’s assets may be tied up in probate court for months or even years, delaying the distribution of assets to beneficiaries.

Without a power of attorney, decisions related to medical care and finances may be left to family members or even the court, which can be stressful and confusing for all involved.

Individuals with modest assets can benefit from having a will and other legal documents in place. Others may believe that estate planning is expensive or time-consuming, but in reality, the cost and time involved in creating an estate plan are often minimal compared to the potential benefits.

Conclusion

Estate planning is a critical aspect of financial and legal planning that everyone should prioritize. By creating a will, trust, power of attorney, and other legal documents, individuals can ensure that their wishes are carried out and their loved ones are protected. The consequences of failing to plan can be serious, expensive, time-consuming and far-reaching.

What Is Estate Planning and Its Importance?
Bhanu Choudhary

Lying under oath before a court of law is considered perjury. In everyday life, lying might not always be considered objectionable, but in a court of law, it is illegal to voluntarily swear a false oath and make false statements (by statement during a hearing, affidavit or any other statement). A false oath can lead to an innocent person getting the punishment and a criminal receiving a free hand.

Ever since civilization started, people who believe in God have believed that no one can lie after swearing by God. Then, when European influence increased, this practice started being used in court, and the trend of swearing upon the Bible or other religious texts started, which can be seen until the medieval period and beyond.

The oath played a major role in the proceeding, as it is believed to be the true testimony of the person involved in that particular legal matter.

Thus, false swearing upon oath, which in legal terms is known as perjury, is considered a serious offence because it undermines the integrity of the legal system and can have serious consequences.

Perjury can occur in both civil and criminal proceedings. In civil proceedings, due to less evidence and lengthy procedures, perjury is not as detectable. However, in criminal proceedings, with strong evidence and cross-examination of parties and witnesses, perjury can be proved.

Since a simple lie can affect the direction of the case and lead to a severe threat to the justice system, perjury is a threat to the justice system.

What Constitutes Perjury?

The following things should be considered while considering a statement perjurious:

1. The statements made by any person under oath may include court hearings, trials, depositions, affidavits, and sworn written statements.
2. A statement made by any person that has been found false must be under the knowledge of the person who made it, knowing it to be false.
3. Intention is an important element, so it is required to prove that the intention of the defendant or witness must be deceiving.
4. A false statement must be directly related to the case. Minor inaccuracies in the statement shall not be construed as perjury.

Both in civil and criminal cases, perjury is punishable for the written and oral statements of a person found willingly false.

What Is the Significance of Religious Swearing In a Court of Law?

Religious swearing in courts has been traced back in history when traditional and religious beliefs were deeply enrooted in the legal system. Swearing on the Holy Text or God was considered a symbol of honesty and truthfulness.

The reason behind religious swearing was to emphasize how serious the person is about the statement and also create a sense of moral duty and obligation. It makes people feel scared that they would have to face dire spiritual consequences if they made a false statement upon oath.

It is more serious, weighty, and encouraging for someone to keep their word and tell the truth when they invoke a spiritual or moral authority. It emphasizes the grave responsibility of making sworn declarations in legal settings by drawing on traditional or religious ideals.

In modern times, this court method is not used as much as it was before, but the reasoning behind the oath-taking would be the same as before.

Legal requirements have been introduced to this procedure so that no one can testify falsely because some individuals who hold the belief that God does not exist can also swear falsely to God.

Explaining the Legal Provision Against Perjury

Perjury is typically classified as a criminal offence punishable by law. The jurisdiction and the particulars of each case determine how severe the penalties are.

Perjury Under IPC

Perjury laws are centred on sections 191 to 195 of the Indian Penal Code in Chapter XI (False Evidence and Offenses against Public Justice).

• Sections 191 and 192: Giving or fabricating false evidence is punishable.
• Section 193: Perjury is punishable with imprisonment for up to 7 years and a fine.
• Sections 194 and 195: Fabricating false evidence in a capital offence.

Whoever gives or fabricates false evidence with the intent to convict someone of a capital offence or imprisonment for life in India can be punished with life imprisonment or up to ten years of rigorous imprisonment, along with a fine.

If an innocent person is wrongfully convicted and executed because of this false evidence, the individual providing it may face either the death penalty or the aforementioned punishments.

Perjury Under BNS, 2023

The provisions of Perjury in Bhartiya Nyaya Sanhita, 2023 (BNS), are mentioned under Chapter XIV (False Evidence and Offences Against Public Justice). No major changes, alterations, or additions were made regarding the offence except the punishments. Sections 229 and 230 of BNS talk about fines and punishment. It ranges from five thousand rupees to death punishment.

Perjury Under Contempt of Courts Act

According to the judge’s discretion, perjury may additionally lead to charges of contempt of court under the Contempt of Courts Act, 1971.

• Punishment for contempt of court may include simple imprisonment for up to 6 months, along with fines of up to Rs 2,000.
• In cases of continued contempt, there may be penalties of simple imprisonment of up to one year and fines up to Rs 5,000 imposed upon conviction.
• In cases of contempt concerning interference with the judicial process or cases involving constitutional points, imprisonment may extend to a minimum of 6 months, along with fines levied by the courts.
• The Supreme Court and High Courts have extensive powers under Articles 129 and 215 of the Constitution, respectively, to punish contempt of it.

Private parties affected by perjury do not have standalone rights to sue for damages under Indian statutes. However, the court can prosecute perjury as obstruction of justice when revealed during proceedings. There are certain exceptions to perjury; for example, statements made in good faith to help reconcile people or secure pardon are exempted under section 195 of the IPC.

Conclusion

A false oath is known as perjury in law. Swearing on God or religious texts has been an ancient ritual that morally and spiritually obliges a person to be true to his words.

“Intention” is the essential element for this crime; the individual must have known the statement was false or misleading at the time it was made. But if the statement is said to be correct as per the conscious mind of the person, then it would not constitute perjury, even if the statement is found wrong later.

There is no specific law designated to deal with perjury. Perjury is punishable under the Indian Penal Code of 1860, Bhartiya Nyaya Sanhita of 2023, and the Contempt of Courts Act of 1971.

Perjury in India – The Crime of Lying Under Oath
Bhanu Choudhary

This law post tells you about domestic violence and dowry harassment, which is covered under section 498A of the Indian Penal Code. It also informs you of the key provisions and landmark judgments related to this section.

Introduction to Section 498A

Section 498A of the Indian Penal Code (IPC) is a significant legal provision that addresses the issue of domestic violence and dowry harassment. This section is specifically designed to protect women from cruelty and harassment by their husbands or their relatives.

The primary purpose of section 498A IPC is to curb the prevalent practice of dowry-related violence and harassment, which has been a longstanding issue in Indian society.

Dowry is a cultural practice where the bride’s family provides gifts, cash, or other assets to the groom and his family during marriage. In many cases, the demand for dowry can escalate into severe abuse and exploitation of women, both physically and emotionally.

Essential Ingredients of Section 498A

Valid marriage between the complainant (woman) and the accused (husband) at the time the alleged cruelty occurred.

The accused or his relatives must have subjected the complainant to cruelty. Cruelty can be both physical and mental. Physical cruelty involves bodily harm or injury, while mental cruelty includes acts that cause mental anguish, emotional distress, or psychological suffering.

The cruelty or harassment must have occurred within the matrimonial home or the domestic environment related to the marriage. This provision intends to address cruelty that takes place within the context of marriage and family.

The cruelty can be inflicted by either the husband or his relatives.

The cruelty is linked to demands for dowry or related offences. Demands for dowry could be explicit or implicit, and cruelty could arise due to the failure to fulfil these demands. It’s important to establish a nexus between cruelty and the demand for dowry or related offences.

A formal complaint must be filed by the complainant (woman) or her legal representative, alleging cruelty or harassment within the marriage by the husband or his relatives.

Key Provisions of Section 498A

Section 498A of the Indian Penal Code contains several key provisions aimed at addressing domestic violence and dowry harassment. The main provisions of section 498A IPC include the following.

1. Definition of Cruelty

The definition of cruelty includes both physical and mental abuse, which may lead to grave injury, endanger the woman’s life, or cause her mental agony. Section 498A IPC recognizes that domestic violence is not limited to physical harm alone but encompasses emotional, verbal, and economic abuse as well.

2. Nature of offence

Section 498A IPC is a non-bailable offence, which means that the accused can be arrested without a warrant. This provision aims to ensure the safety and protection of women who are victims of domestic violence.

3. Scope and Applicability

Section 498A IPC applies to offences committed within the context of marriage. It includes acts of cruelty or harassment committed by the husband or his relatives, such as demands for dowry, verbal abuse, physical assault, emotional torture, or any other form of mistreatment that can cause physical or mental harm to the woman.

Punishment

The punishment for offences under section 498A IPC can include imprisonment for a term that may extend up to three years, as well as a fine. The severity of the punishment may vary based on the nature and gravity of the offence.

Understanding Domestic Violence and Dowry Harassment

Domestic violence encompasses a range of abusive behaviours occurring within familial or domestic relationships. Domestic violence is a violation of human rights. This includes physical, emotional, psychological, and economic forms of abuse.

Physical violence involves acts like hitting, slapping, punching, or any action that inflicts bodily harm. Emotional abuse involves constant criticism, humiliation, isolation, or threats to harm loved ones. Verbal Abuse includes using hurtful language, insults, name-calling, or shouting to demean and control the victim.

Financial Abuse includes controlling the victim’s finances, withholding money, or preventing access to resources, which can be a form of abuse that limits the victim’s autonomy. Forcing sexual acts without consent, marital rape, or any unwanted sexual advances within the marriage are considered sexual abuse.

Dowry harassment is a specific form of abuse related to the institution of dowry. Dowry is a practice where the bride’s family is expected to give valuable assets or gifts to the groom’s family as part of the marriage arrangement. Dowry harassment occurs when the groom’s family demands additional dowry after the marriage or subjects the bride to cruelty and abuse due to perceived inadequacy in the dowry given.

The Dowry Prohibition Act of 1961 has been enacted to address the social evil of dowry-related abuse and harassment of women.

Challenges and Misuse of Section 498A IPC

The implementation of section 498A of the Indian Penal Code has faced certain challenges, including instances of false complaints and misuse of the law. While section 498A IPC serves as an important tool in addressing domestic violence and dowry harassment, it is crucial to acknowledge and address these challenges.

Here are five key issues:

1. False Complaints

False complaints can be filed with malicious intent, personal revenge, and rivalry or to gain an advantage in divorce or custody proceedings. Such false complaints not only undermine the credibility of genuine victims but also burden the legal system.

2. Misuse for Extortion

Accused individuals may face false accusations and pressure to settle the case through monetary means to avoid legal proceedings or social stigma. This kind of misuse not only harms the accused but also erodes trust in the legal system.

3. Social Stigma and Reputational Damage

Even when the accused is found innocent, the mere accusation of domestic violence or dowry harassment can lead to social stigma and reputational damage. This can have severe consequences for the accused, affecting personal relationships, employment prospects, and mental well-being.

4. Impact on Family Relationships

The adversarial nature of legal proceedings under section 498A IPC can strain family relationships. Accusations and counter-accusations can create long-lasting rifts between spouses, in-laws, and extended family members, leading to irreparable damage to family structure.

5. Delayed Justice

Legal proceedings under section 498A IPC can be time-consuming, resulting in delayed justice for both genuine victims and the accused. Prolonged litigation can lead to emotional and financial burdens on the parties involved.

Measures Taken to Address the Subsequent Challenges Faced During Implementation

It is essential to address the challenges associated with the implementation of section 498A IPC while ensuring that genuine victims of domestic violence and dowry harassment receive the necessary support and protection. Balancing the rights of the accused and the rights of victims is crucial to maintaining the integrity of the legal system and providing justice to all parties involved.

Some courts have emphasized the need for a preliminary inquiry before arrests are made under section 498A IPC. This step ensures that the complaint is not frivolous or motivated by ulterior motives.

Encouraging mediation and counselling in cases of domestic disputes can provide an opportunity for amicable resolution and reduce the adversarial nature of legal proceedings.

Raising awareness about the proper implementation of section 498A IPC, along with educating individuals about the consequences of false complaints and misuse, can help prevent abuse of the law.

Legal reforms can help to get rid of the situation. There have been discussions on the need for legal reforms to strike a balance between protecting genuine victims and preventing misuse. Stricter penalties for false complaints and provisions for speedy disposal of cases are among the proposed reforms.

Landmark Judgments

Here are four landmark judgments related to section 498A of the Indian Penal Code.

1. Arnesh Kumar vs State of Bihar (2014 SC 2756)

This judgment highlighted the misuse of section 498A and emphasized the need to prevent arbitrary arrests. The Supreme Court issued guidelines to protect innocent individuals from false allegations and stated that arrests should not be made immediately after filing a complaint under this section.

The same was followed by the Supreme Court in Satender Kumar Antil vs CBI (2022) 10 SCC 51.

2. Rajesh Sharma & Ors. vs State of U.P. & Anr. (2017 SCC 821)

In this case, the Supreme Court laid down certain guidelines to prevent the misuse of section 498A. The court directed the setting up of family welfare committees to scrutinize complaints before making any arrests. The aim was to ensure that frivolous complaints were filtered out and genuine cases were pursued. Supreme Court stated that police officers should not arrest the accused immediately after the application u/section 498 has been filed.

3. Sushil Kumar Sharma vs Union of India and others (2005) 6 SCC 281

This case is often cited as a landmark judgment that recognized the severity of the dowry-related issues in India. The court highlighted the need to prevent such misuse and suggested that lawmakers must consider ways to penalize false complaints. Meanwhile, the court emphasized that the provision is lawful, but its misapplication for revenge or harassment lacks legitimacy.

4. Mukesh Bansal vs State of UP {2022 SCC OnLine All 395}

With this judgment, the Supreme Court seeks to strike a balance between addressing genuine cases of cruelty towards married women while also preventing the misuse of section 498A. It introduces safeguards such as the cooling period and the involvement of the Family Welfare Committee to ensure a fair and thorough examination of cases. This judgment reflects a significant effort by the court to uphold the integrity of the institution of marriage while safeguarding individuals from undue harassment.

Related: Most Important Case Laws on Dowry Death

Conclusion

Section 498A IPC plays a significant role in recognizing and addressing domestic violence and dowry harassment, providing legal recourse to victims and promoting the safety and well-being of married women in India.

It is important to note that while section 498A IPC has played a significant role in addressing domestic violence, there have been instances where it has been misused as well.

Some cases of false complaints and misuse of the provision have raised concerns about its implementation. But, we cannot neglect that the provision has also contributed to the transformation of societal attitudes by recognizing the seriousness of these offences and holding perpetrators accountable for their actions.

Related: Challenges Women Face in Accessing Justice in India

Domestic Violence and Dowry Harassment in India – Section 498A
Bhanu Choudhary

This law article discusses the death penalty provision in India, which is the most heinous punishment presently under law for some specific offences. Further, we will discuss its constitutionality and also go over the specific offences for which this punishment can be given.

Historical Concept and Evolution of Death Penalty

Punishment for criminals is decided based on the theories that are followed by that particular judicial system. It also reflects their ideology towards society.

Deterrent, reformative, punitive, retributive and expiatory are five theories of punishment. Indian penal system is focused on reformative theory for justice.

Death Penalty

The death penalty is executed in India by hanging till death. Supreme Court and High Court have the authority to sanction the death penalty to offenders. As per section 366 of the Criminal Procedure Code (CrPC), death punishment given by the Court of Session is subject to confirmation by the High Court.

As per section 368 of CrPC, the High Court is empowered to confirm a death sentence.

Origin of Death Penalty

Death penalty as a method of punishment was used back in history. The death penalty was used to show the power and supremacy of an emperor whenever any of the citizens committed an offence against the emperor, his policies, or against the Empire. Harder punishment, such as the death penalty, helped the emperor to maintain his terror and dominance over citizens. In the 18th Century B.C., there was a description of 25 different kinds of punishments in the Code of Hammurabi of Babylon.

At that time, capital punishment was served by different methods such as burning alive, drowning, beating to death and many more. But, near the 10th century A.D., hanging became a customary method in Britain.

Death Penalty in IPC

In India, after independence, the Indian Penal Code of 1860 was adopted for penal provisions. The Indian Penal Code (IPC) included six punishments, including the death penalty and prescribed the same for some specific offences.

In Which Offences Death Penalty Is Given in India

In India, the death penalty is also known as capital punishment. It can be prescribed for certain serious offences as per the Indian Penal Code and other specific laws. Some of the offences for which the death penalty can be awarded include:

1. Section 121: Waging/attempting/abetting war against the government of India
2. Section 132: Abetment of mutiny
3. Section 194: Giving or fabricating false evidence
4. Section 302: Murder (Note: Not all murders automatically result in a death penalty, as the circumstances and gravity of the crime are considered.)
5. Section 303: Murder by a person already serving life-imprisonment
6. Section 305: Abetment of suicide of child or insane person
7. Section 307(2): Attempt to murder by life-convict
8. Section 364A: Kidnapping for ransom
9. Section 376A: Punishment for rape and murder
10. Section 376AB: Punishment for rape of women under twelve years of age (added by Criminal Amendment Act, 2018)
11. Section 376DB: Gang-rape of women under twelve years
12. Section 376E: Repeated sexual offences
13. Section 396: Dacoity with murder

Capital punishment in other specific laws:

1. Section 4 of Prevention of Sati Act: For Aiding or Abetting an act of Sati
2. Section 31A of the Narcotic Drugs and Psychotropic Substances Act: Drug trafficking in cases of repeat offences and providing financial support or taking part in the production or sale of narcotics or psychoactive substances

What Is the Importance of Death Penalty Laws in India

Capital punishment was included as a kind of punishment in the Indian legal system. It was originally added to the code in 1860. The purpose was to discourage individuals from committing heinous crimes.

Supporters believed that this punishment would serve justice for victims and society. However, opponents also supported their view by saying that capital punishment is ethically wrong and there can be a possibility of judicial error and said that a lesser punishment, such as life imprisonment, is a more humane alternative.

There is still ongoing discussion on whether the death penalty is a justifiable and not unnecessary tool in the Indian legal system or should be reconsidered based on societal values or global trends.

Ultimately, opinions on the importance of the death penalty may vary, and discussion often includes ethical, legal and societal considerations. The death penalty is not a necessary punishment given to murderers but a kind of punishment to show deterrence to offenders.

Indian Judgments Regarding the Constitutionality of Death Penalty

The constitutionality of the death penalty has occasionally been challenged on different grounds. Five landmark judgments are summarized below.

1. Jagmohan Singh vs State of Uttar Pradesh (1973)

In this case, the constitutionality of the death penalty was challenged because it violates the right to equality and the right to life and personal liberty, respectively, under Article 14 and Article 21 of the Indian constitution. However, the court refuted and said that the procedure justifies and there is no violation of Article 21.

2. Bachan Singh vs State of Punjab (1980)

In this case, the constitutionality of capital punishment was again challenged. In this case, the “doctrine of rarest of rare cases” was introduced. It was said that the death penalty was given only in cases when there is no alternative punishment that can be given to the offender.

Justice Bhagwati gave dissenting judgment only and said that the death penalty is not only unconstitutional on the grounds of violation of Articles 14 and 21 but also undesirable from some point of view.

3. Machhi Singh vs State of Punjab (1983)

In this case, the judgment given in Bachan Singh was followed, and the court decided to discuss it with a larger and more convincing explanation. Considering the doctrine propounded in Bachhan Singh, certain outlines were given:

1. Manner of commission of murder: Extremely brutal, inhuman torture is included in criminal activity.
2. Motive: Cold-blooded murder, to inherit property, for personal gain, to torture the victim, or for self-satisfaction.
3. Anti-social crime: Social wrath, bride burning for dowry or any heinous criminal activity that badly impacts society.
4. Magnitude of crime: Crimes of enormous proportion, like multiple murders of a family or particular caste, community or locality.
5. The personality of a victim of murder: Innocent child, helpless due to age or illness.

4. Mithu Singh vs State of Punjab (1983)

In this case, the constitutionality section 303 of IPC was challenged on the ground that it violates the right to life and liberty under Article 21 and the right to equality under Article 14. Section 303 of the IPC mandates a death sentence to the person serving life imprisonment.

This section was originally inserted to prevent the assault on prison staff or other persons and also a thought involved that if a life convict can still commit a crime, then only death punishment would be appropriate for him.

The court held that section 303 is arbitrary and unreasonable and struck down section 303 of IPC on the grounds of violation of Articles 14 and 21.

5. Mukesh and Anr. vs State (NCT of Delhi) (2017)

This criminal appeal was brought by Mukesh and three other convicts of the Delhi gang rape case. Supreme Court upheld the death penalty for four prisoners, asserting that the nature of the crime qualified it as a “rarest of rare cases.” The court considered it a shocking, heinous crime against mankind.

Conclusion

The death penalty is imposed by courts as a punishment for the most heinous crimes, but it has been a topic of debate and discussion in India. Some advocated for its abolition due to concerns about its fairness or human rights issues.

According to the present scenario, the judicial system follows theories like “special reason” and “rarest of rare cases” while pronouncing judgments and capital punishment is pronounced only in exceptional cases. The reason behind these doctrines, to some extent, can be assumed that while deciding on the appropriate sentence, the court should not only consider the circumstances of the crime and the victim but also take into account the circumstances of the criminal and the broader impact of the crime on the community.

Read Next: Is Life Imprisonment for the Rest of the Life or 20 Years or 14 Years?

Death Penalty Provisions in India – Supreme Court Judgments
Bhanu Choudhary

In this law note, you will learn how judges in India are appointed through the collegium system. This will give you a basic understanding of what the collegiums system is.

The primary objective of this law note is to analyze and evaluate the existing methods for appointing judges, considering their impact on the credibility and autonomy of the judiciary.

The appointment procedure of judges is an important aspect of judicial independence because the personality that ensures fair justice to all must be unbiased and free from any political influence, directly or indirectly. Also, this is an important aspect because the authorities must be fearless while giving judgments and performing their duties effectively.

What Is the Collegium System?

The collegium system is a method of appointing and transferring judges to higher courts in India. This is covered under constitutional law.

Under this system, the Chief Justice of India and a group of senior judges of the Supreme Court and High Courts have the power to make recommendations for the appointment and transfer of judges.

Historical Background of Collegium System in India

There are some nations where the procedure of appointing and transferring judges is different. For some countries, the appointment of judges by the head of state is a common practice. But in India, the appointment of judges to the higher judiciary, including the Supreme Court and the High Courts, follows a procedure that involves both the executive and the judiciary.

The term “collegium” does not appear in the Constitution of India. However, it has been established through judicial pronouncements as a mechanism for appointing and transferring judges in India.

The collegium system was introduced in 1993 by the Supreme Court of India through its judgment in the case of SP Gupta vs Union of India.

The collegium system prioritizes the judiciary in appointing and transferring judges, reducing the involvement of the executive branch in the process. The system involves a group of senior judges, led by the Chief Justice of India, who make recommendations for appointments and transfers based on the qualifications and suitability of the candidates.

The collegium system has also been criticized for lacking transparency and accountability and for being prone to favouritism and nepotism. As a result, in recent years, there have been calls for reforming the collegium system to make it more accountable and transparent.

Evolution of the Collegium System

Before 1993, the President appointed judges in India in consultation with the Chief Justice and two other senior judges of the Supreme Court.

Since 1993, the appointment and transfer of judges in the higher judiciary have been determined by the collegium system, which was created by the Supreme Court. Although the President of India remains the nominal appointing authority, the actual decision-making power now rests with the collegium.

These legal precedents through which this concept emerged and popularly known as “three judges transfer case” are mentioned below:

1. SP Gupta vs Union of India (1981)

The Supreme Court held that the power to transfer High Court judges rests with the central government but in consultation with the Chief Justice of India. The transfer must be based on objective criteria and not influenced by extraneous considerations.

The judgment emphasized the independence of the judiciary and discouraged any interference with its functioning. It had far-reaching implications for the functioning and freedom of the judiciary in India.

2. Supreme Court Advocates-on Record Association vs Union of India (1993)

The Supreme Court held in this case that the power to appoint judges to the higher judiciary rested with the judiciary. The collegium system, consisting of the Chief Justice of India and the four senior-most judges, was established to recommend appointments and transfers of judges.

The executive’s role was limited to providing information and consultation.

The executive could not overrule the collegium’s decision on appointments. The case emphasized the importance of judicial independence and the need for an impartial and competent judiciary.

3. Re Special Reference 1 of 1998

The Supreme Court held in In re Special Reference 1 of 1998 that the President is bound by the advice of the Council of Ministers under Article 74. The Council of Ministers must act collectively and be accountable to the Parliament.

The case clarified the role of the President and emphasised the principle of collective responsibility in the functioning of the executive branch of government in India.

Composition of Collegium

The collegium is a body of senior judges in India responsible for appointing judges to the higher judiciary, including the Supreme Court and High Courts. The composition of the collegium has evolved and is currently made up of the following:

1. Chief Justice of India (Chairman of the collegium).
2. Five senior-most judges of the Supreme Court.

Together, they form the six-member collegium.

In matters related to appointments, the opinion of the Chief Justice of India is given primacy. Also, the other members of the collegium have a say in the decision-making process.

Process of Appointment

Article 124(2) lays down the appointment procedure. It states that:

“Every Judge of the Supreme Court shall be appointed by the President by warrant under his hand and seal on the recommendation of the National Judicial Appointments Commission referred to in Article 124A and shall hold office until he attains the age of sixty-five years.”

This appointment procedure has been named collegium after the judges-transfer cases.

The appointment procedure through the collegium involves the following steps:

1. Recommendation

The collegium recommends suitable candidates for appointment as judges to the higher judiciary, including the Supreme Court and High Courts.

2. Consultation

The recommendations are then forwarded to the government, which is required to seek the opinion of the Chief Justice of India and other members of the collegium.

3. Appointment

After considering the recommendations and opinions of the collegium, the government appoints judges to the higher judiciary.

Criticism of Collegium in India

Collegium has been the sole procedure for the appointment and transfer of judges in India, even though it has been subjected to criticism on the following:

1. Lack of Guidelines for Candidate Selection

The collegium system in India does not provide any guidelines for selecting candidates for the position of judge in the Supreme Court. The process of selection and appointment of judges is not open to public scrutiny, which has led to allegations of nepotism and favouritism.

2. Lack of Criteria for Candidate Testing and Background Investigation

It has been alleged that the collegium system does not have any criteria for testing candidates, nor does it investigate any background of the candidates.

Also, the collegium system is not accountable to any administrative body, which means the members of the collegium system are not answerable for the selection of judges.

3. Burden to Judiciary

With many cases already pending in the court, the limited time given to the collegium system for the appointment of judges would lead to a burden on the judiciary.

4. Violation of the Principle of Check and Balance

The collegium system violates the principle of checks and balances in the Indian government. The Second Judges Case (Supreme Court Advocates-on Record Association vs Union of India (1993)) established the supremacy of the judiciary over the executive, but the collegium system disturbs the principle of check and balance. This principle is necessary to ensure that no organ of democracy is exercising its power excessively.

5. Non-Transparency of the Judicial System

The collegium system leads to a lack of transparency in the Indian judicial system, which is very harmful to the regulation of law and order in the country. It has been alleged that judges are favoured and pre-decided based on their contacts and approach.

Introduction of NJAC

The National Judicial Appointment Commission (NJAC) was a landmark proposal by the Indian government aimed at bringing transparency and accountability to the process of appointing judges to the higher judiciary in India.

The NJAC was proposed through the National Judicial Appointments Commission Bill, 2014, by the then Minister of Law and Justice, Ravi Shankar Prasad, and was passed by both houses of Parliament under the 99th Constitutional Amendment Act, 2014.

The Act proposed a unique composition of the NJAC, comprising members from the legislative, judicial, and civil society, to ensure a balanced and unbiased approach to the appointment of judges.

However, the Supreme Court declared the NJAC unconstitutional in 2015 and upheld the collegium system as the method for the appointment of judges. This has been a significant and controversial issue in the Indian judiciary and has led to discussions on the need for reform in the appointment process of judges in the country.

Related: What Are the Arguments Against and in Favour of the NJAC Act?

Composition of NJAC

The proposed composition of the NJAC included the following:

1. Chief Justice of India as the Chairman (ex-officio).
2. Two most senior judges of the Supreme Court (ex-officio).
3. The Union Minister of Law and Justice, and
4. Two eminent persons (selected by a committee comprising the Prime Minister, the Chief Justice of India, and the Leader of the Opposition).

The Legal Status of NJAC

The NJAC was declared unconstitutional by the Supreme Court of India in October 2015 in the case of Supreme Court Advocates on Record Association vs Union of India because it violated the basic structure doctrine of the Indian Constitution by diluting the independence of the judiciary.

As a result, the NJAC was never implemented, and the collegium system continues to be the prevailing method for the appointment of judges in India.

What Is the Current Procedure for Judicial Appointments in India?

Article 124 and Article 217 of the Constitution deal with the appointment of judges in India. Since independence, no alternative has been found for the appointment procedure of judges. NJAC was introduced in 2014 but was struck down by the Supreme Court in 2015 and never used as a procedure. Currently, the collegiums system is followed in India for the appointment and transfer of judges. This system is based on seniority and merit.

The collegium system has been the subject of much criticism, with concerns raised about transparency, accountability, etc. The debate on reforming the appointment process is ongoing, with various suggestions and proposals being put forward to address these concerns.

Conclusion

The collegium system has faced challenges in recent years, with allegations of interference by the central government in the appointment process and delays in the appointment of judges. These controversies have highlighted the challenges the judiciary faces in maintaining its independence and impartiality and have underscored the need for transparency and accountability in the appointment process.

Despite these challenges, the collegium system remains an important mechanism for ensuring the appointment of judges to the higher judiciary. The system needs to be reformed and strengthened to ensure greater transparency and accountability and to make sure that the judiciary remains independent and impartial in carrying out its duties.

What Is the Collegium System in India and How It Works?
Bhanu Choudhary

This article highlights the problem of the vulgar display of women in India, discussing its root causes and possible solutions. By increasing awareness and encouraging dialogue, we can strive for a society that is more inclusive and respectful to women.

What Is the Meaning of Objectification of Women

Objectification means treating someone as an object, focusing only on their looks and desirability instead of recognising their worth as individuals. It reduces the identity of women to mere objects, ignoring their thoughts, feelings, and dreams.

Objectification of women is a serious problem that affects both individuals and society. This kind of objectification promotes sexism, inequality, and violence against women. Recognizing and addressing this issue is important to create a fair and respectful society.

The terms “vulgar display” and “objectification” refer to different aspects related to the portrayal and treatment of women in India. While there can be some overlap between the two, they have distinct meanings. The vulgar display makes this objectification even stronger by emphasizing their physical attributes over their humanity.

Laws Regarding Vulgar Display and Objectification in India

There are several laws that aim to protect the dignity and rights of women by preventing their objectification or exploitation through vulgar depictions.

1. Laws under IPC, 1860

To prevent the objectification and exploitation of women in India, sections 292, 293 and 294 are provided under the Indian Penal Code.

Further, the sections mentioned below address the issue of objectification of women:

Section 354A

Section 354A of the IPC deals with the sexual harassment of women, including gestures, acts, or remarks that have a sexual undertone and are intended to or are likely to insult the modesty of a woman. This section aims to protect individuals, particularly women, from unwarranted advances, comments, or actions of a sexual nature that infringe upon their dignity and personal boundaries. Perpetrators can face legal consequences, including imprisonment and/or a fine, as provided by law

Section 354B

Section 354B of the IPC deals with the offence of assault or use of criminal force with the intent to disrobe a woman. The section states that any person who assaults or uses criminal force on a woman with the intention of disrobing her or compelling her to be naked in any public place shall be punished with imprisonment ranging from three to seven years, along with a possible fine. This section aims to protect the modesty, dignity, and physical integrity of women by criminalizing acts that involve forcibly stripping or attempting to strip a woman against her will in a public place.

Section 354C

Section 354C of the IPC addresses the offence of voyeurism. This section states that any person who watches, captures, or records the private act of a woman without her consent, with the intention to derive sexual pleasure or gratification, shall be punishable with imprisonment for a term ranging from one to three years and may also be liable to pay a fine. The section aims to protect the privacy and dignity of women by criminalizing acts that involve the invasion of their privacy through non-consensual recording or capturing of their intimate moments for personal gratification.

Section 354D

Section 354D of the IPC addresses the offence of stalking. This section states that any person who follows, contacts, or monitors the activities of a woman repeatedly, thereby causing fear or distress to her, shall be punishable with imprisonment for a term of up to three years for the first offence and up to five years for subsequent offences, along with a possible fine. The section aims to protect women from persistent unwanted attention, harassment, and invasion of privacy by making stalking a punishable offence. It recognizes the psychological impact of such behaviour on women and seeks to provide them with legal recourse against stalkers.

Related: What Are the Laws on Cyberstalking in India?

2. The Indecent Representation of Women (Prohibition) Act, 1986

The Indecent Representation of Women (Prohibition) Act of 1986 prohibits the indecent portrayal or distribution of women. Sections 3, 4, and 6 are related to the prohibition of advertisements containing such representations. Violators can face imprisonment for up to two years for the first offence and up to five years for subsequent offences. The Act aims to safeguard the dignity and respect of women.

3. The Information Technology Act, 2000

Section 67 of the Information Technology Act states that anyone who publishes or transmits obscene material (which is lascivious or appealing to sexual desire) in electronic form will be punished. On the first conviction, the punishment can be imprisonment for up to three years and a fine of up to five lakh rupees. For subsequent convictions, the imprisonment term can extend up to five years, and the fine can be up to ten lakh rupees.

4. Cable Television Networks (Registration) Act, 1995, including Advertisement Code of Cable Television Network Rules, 1994

Section 7(2)(vi) of the Cable Television Networks Rules (1994) states that advertisements should not depict women in a derogatory manner and should not project a negative or inferior image of women. The section emphasizes that women should not be portrayed in a way that highlights passive or submissive qualities, encouraging them to play subordinate or secondary roles in the family or society. It requires cable operators to ensure that the portrayal of women in the programs aired on their cable service is tasteful, aesthetic, and adheres to established standards of good taste and decency.

Landmark Indian Judgments Regarding Vulgar Display and Objectification of Women

There have been several landmark judgments in India regarding the vulgar display and objectification of women. Here are a few notable ones:

1. Maneka Gandhi vs Union of India (1978)

Facts of the case: The case was filed by Maneka Gandhi (an Indian citizen) after her passport was impounded by the government without providing any reasons or an opportunity to be heard.

Judgement: The case’s central issue was the interpretation of Article 21 of the Indian Constitution, which protects the Fundamental Right to life and personal liberty. The judgment expanded the scope of Article 21, recognising that it covers not only the right to life and personal liberty but also includes other Fundamental Rights that are essential for a meaningful life. Supreme Court ruled that Article 21 not only talks about physical existence but also includes the right to live with dignity.

Must Read: Maneka Gandhi vs Union of India Explained in Simple Words

2. Chanda Rajkumari & Anr., vs Commissioner of Police (1997)

Facts: It was a Public Interest Litigation filed by prominent women organisations, including A.P. Mahila Samakhya, AIMSS, POW, and Maharaja Sir Kishen Pershad Foundation. The aim was to denounce and oppose a proposed beauty competition, ‘Miss Andhra Personality,’ by the Prerana Women Organization. The respondents in the case were the government of Andhra Pradesh, the Police Commissioner, and the said Prerana Women Organization.

Judgment: Andhra Pradesh High Court said that no man or woman should be represented in a disgraceful & vulgar manner. The court emphasised that indecent representation of women in beauty contests infringes upon Fundamental Rights enshrined in Articles 14, 21, and 51A of the Constitution of India.

3. Ranjit D. Udeshi vs State of Maharashtra (1964)

Facts: Ranjit D Udeshi, a bookstore owner, faced charges of possessing and selling obscene material, namely the book “Lady Chatterley’s Lover” by DH Lawrence, under section 292 of the Indian Penal Code (IPC). Lower courts had already convicted him when the case was appealed to the Supreme Court, raising various grounds, including a Fundamental Rights issue.

The test was laid down, in this case, called the ‘Hicklin Test of Obscenity‘ imported from British case law [Regina v Hicklin (1868)]. In that case, Chief Justice Cockburn laid down that the test of obscenity which was “whether the tendency of the matter charged as obscenity is to deprave and corrupt those whose minds are open to such immoral influence, and into whose hands a publication of this sort might fall.”

Judgment: The court declared Lady Chatterley’s Lover to be obscene.

4. Aveek Sarkar vs State of West Bengal (2014)

Facts: A complaint by a practising lawyer in Kolkata was filed against the German magazine “STERN,” Indian magazine “Sports World,” and the newspaper “Anandabazar Patrika” for publishing a photograph of Boris Becker and his fiancée posing nude. The complainant alleged that the publication violated section 292 of the Indian Penal Code, which deals with obscenity. The photograph was taken as a protest against “apartheid” and to convey a message of love champions over hatred.

The court has discarded the Hicklin test of obscenity and adopted the “community standard test,” which considers contemporary societal norms and prevailing community standards to assess obscenity.

Factors Contributing to the Development of Objectification

There are certainly social, economic, religious, or other factors that objectify and display women in vulgar and indecent manner:

1. Media Influence and Advertising

The media, including advertisements, movies, and music videos, often portray women as sexual objects, emphasizing their physical appearance and objectifying them for entertainment or product promotion.

2. Cultural and Traditional Factors

Societies with deeply ingrained patriarchal norms tend to view women as subordinate to men, objectifying them and reducing their worth to their physical attributes.

3. Unrealistic Beauty Standards

Society’s obsession with unrealistic beauty ideals places immense pressure on individuals to conform to narrow standards, leading to the objectification of those who do not fit these ideals.

4. Public Spaces and Harassment

Freedom to choose clothes according to choice often leads to criticism and eve-teasing or harassment of women. People objectify them and pass inappropriate comments. This leads to women feeling unsafe and unhappy in public places.

5. Socio-Economic Implications

Deep-rooted gender stereotypes that associate women primarily with their physical attractiveness reinforce the objectification of women and undermine their individuality, abilities, and contributions.

Efforts to Diminish the Concept of Vulgar Display

To eradicate the concept of objectification, efforts must be made through education, ensuring safety measures and women’s empowerment to ensure a better environment for women in society. Some of these efforts can be:

1. Role of Education

Strengthen the education system by providing education regarding gender sensitisation. Although these are provided in schools now as per the need for this education in the current scenario, this education should be compulsory education that will empower young minds and nourish them with the essence of equality and dignity.

2. Changing Mindset and Environment

By challenging gender stereotypes and encouraging female leadership, the mindset of orthodox people could be changed. It could also provide a supportive space to women in their workplace, school, and other institutions.

3. Engaging Men as Allies

Education on consent and respect is equally important as education on gender sensitisation by promoting positive masculinity. This involves educating them about consent, respect, and fostering positive masculinity. Teaching men about these values is as important as educating them about being sensitive to gender issues. By engaging men in this way, we can create a more inclusive and equal society.

4. Promoting Gender Equality

Women should be provided equal opportunity in every field of workspace, employment, and equal opportunity for political participation. Women’s leadership leads society toward real feminism and the end of patriarchal societal norms.

5. Addressing Gender Stereotypes and Misconceptions

We can combat objectification and vulgar display by challenging stereotypes and misconceptions through various means. This includes using media to promote positive portrayals of women, encouraging women’s leadership and empowerment, and fostering a culture of positive feminism.

6. Encouraging Reporting and Support System

We can promote reporting and support for victims by enhancing helpline services and establishing safe support mechanisms. This can be achieved by implementing comprehensive plans for urban and rural safety measures. By doing so, we aim to create a robust system that encourages victims to come forward, seek help, and receive the support they need in a secure and protected environment.

7. Government and Policy Intervention

Government and policy intervention can play a vital role in addressing the issue. This includes introducing robust legislation or reforming existing laws to provide stronger protection for women. Collaboration between the government, NGOs, and civil society is essential to ensure transparency and safety in the implementation of these policies. By working together, we can create a more secure and supportive environment for women, fostering a society that upholds their rights and dignity.

8. Hiding Information of Victims

Several victims do not file their complaints because of their fear of societal humiliation and taunts. Respecting and safeguarding the privacy of victims is a little underrated effort that can have a big impact on female victims. By hiding the victim’s information, we can ensure its safety along with less societal pressure and humiliation.

Conclusion

The vulgar display of women and objectification in India is a deep-rooted issue that demands immediate attention. The objectification of women, perpetuated by media, cultural norms, and traditional beliefs, has far-reaching consequences on society, impeding gender equality and reinforcing harmful stereotypes.

We can create a society that respects and values women’s rights by implementing a multi-faceted approach involving education, legal reforms, and community engagement.

Individuals, communities, and the government need to work together to eradicate this problem and foster a safe and inclusive environment for all. Society needs to be educated and made aware of women’s issues, and women should be encouraged to report any acts of harassment or abuse. With sustained efforts, we can create a society where women feel safe and empowered.

Read Next: Obscenity Laws and India

Indecent Representation of Women in India – Laws and Cases
Bhanu Choudhary

Read about quasi-judicial authority, its characteristics, types, powers, and how they differ from judicial authorities.

Quasi-Judicial Authority in India

Quasi-judicial authority refers to the power vested in a government agency or administrative body to make decisions that are similar to those made by a court of law. These agencies are given the authority to hold hearings, gather evidence, and make decisions based on the evidence presented, just like a court of law.

Government agencies are not part of the judicial branch and do not have the same independence as courts. However, they have the power to act like courts in some cases, which helps them make decisions more quickly and with more knowledge in specific areas like the environment, health and safety, and labour relations.

Quasi-judicial authority can resolve disputes faster than traditional courts. This is particularly beneficial in labour disputes, where quick resolution is important to prevent harm to the economy and labour-management relations.

Examples of quasi-judicial authorities include regulatory bodies, such as:

• The Securities and Exchange Commission (SEC)
• The National Labor Relations Board (NLRB)
• The Federal Communications Commission (FCC)
• The National Human Right Commission (NHRC), etc.

What Is the Difference Between Quasi-Judicial Body and Judicial Body?

The main differences between a quasi-judicial body and a judicial body are the source of their authority, the scope of their powers, and the types of cases they are authorized to hear and decide. Here is more on it:

1. Scope of Their Authority and Their Jurisdiction

The key difference between a quasi-judicial body and a judicial body is the scope of their authority and their jurisdiction.

A judicial body is a court of law that has the authority to interpret and apply the law, hear and decide cases, and enforce judgments. A judicial body is independent of the executive and legislative branches of government and is responsible for upholding the rule of law.

A quasi-judicial body is an agency or tribunal that can act like a court, deciding disputes and enforcing decisions. But, it’s not a full court and has less independence, meaning the executive and legislative branches of government have more control over it.

2. Nature of Cases or Disputes They Hear

Another difference between a quasi-judicial body and a judicial body is the nature of the cases or disputes they hear.

Judicial bodies have the authority to hear a wide range of cases, including civil and criminal cases, while quasi-judicial bodies have limited jurisdiction and can only hear cases that are within their specific area of expertise or subject matter.

3. Limitation and Significance of Decisions

The final significant difference between judicial and quasi-judicial decisions is the subjective extent to which the decision can be made, which is lesser in the case of quasi-judicial decisions in comparison to judicial decisions.

While judicial decisions have the power to establish new legal precedents that can be used in future cases, quasi-judicial decisions are limited to applying existing laws to the specific case at hand. In other words, while quasi-judicial authority is only concerned with deciding a case based on existing law, judicial authority can create new laws through its decisions. For example, some decisions made by judicial authorities are so significant that they are used as legal precedents in other cases.’

Characteristics of Quasi-Judicial Authority

Quasi-judicial authority means a government agency or official has the power to pass orders that are similar to those made by a judge but not the same. Some common characteristics of quasi-judicial authority include:

1. Adjudicatory Function

Quasi-judicial authorities are often bestowed with the duty to resolve disputes and make decisions that affect the rights and interests of individuals or organizations.

2. Limited Jurisdiction

Quasi-judicial authorities typically have a specific, limited area of authority or jurisdiction as defined by statute, regulation, or other legal authority.

3. Impartiality

Quasi-judicial authorities are expected to act impartially, without bias or undue influence, and to base their decisions on the evidence presented before them.

4. Hearing Process

Quasi-judicial authorities often hold hearings to receive evidence, hear arguments, and allow parties to present their cases.

5. Decision-Making

Quasi-judicial authorities must make decisions based on the evidence presented and apply relevant law or policy to the facts of the case.

6. Judicial Review

Quasi-judicial decisions are subject to judicial review by a higher court or appellate body to ensure that the authority acted within its jurisdiction, followed proper procedures, and made decisions that are supported by the evidence and the law.

What Are the Types of Quasi-Judicial Authorities?

There are various types of quasi-judicial authorities, each with its specific area of jurisdiction and authority. Here are some common types of quasi-judicial authorities:

1. Administrative Tribunals

These are specialised bodies created to resolve disputes within specific areas of expertise, such as labour, human rights, and immigration. Administrative tribunals often have the power to interpret and apply laws, regulations, and policies in their respective fields.

2. Professional Boards

These are regulatory bodies that oversee and regulate professionals in various fields, such as medicine, law, and engineering. They have the power to investigate complaints against professionals and take disciplinary action if necessary.

3. Municipal Boards and Commissions

These are bodies that oversee and regulate activities within a local government’s jurisdiction, such as zoning, land use, and building permits. They often have the power to make decisions that affect the rights of individuals and businesses.

4. Regulatory Agencies

These bodies are created to regulate specific industries, such as telecommunications, energy, and finance. They have the power to enforce regulations and make decisions.

5. Election Commission

These are quasi-judicial authorities that are responsible for conducting and supervising elections. They are empowered to resolve election-related disputes and complaints.

What Is the Power of Quasi-Judicial Authorities?

Quasi-judicial authorities are groups that can make decisions affecting the legal rights of people and organizations. They’re different from courts but have similar powers like hearing evidence, making findings, and applying the law.

1. Conduct Hearings

Quasi-judicial authorities can hold hearings to gather evidence and hear testimony from witnesses.

2. Make Findings of Fact

Based on the evidence presented at a hearing, quasi-judicial authorities can make determinations of fact that are relevant to the issue before them.

3. Apply the Law

Quasi-judicial authorities are typically empowered to apply the law to the facts they have gathered or found and make decisions based on the legal rights, duties, or privileges of the parties involved.

4. Issue Orders or Decisions

Quasi-judicial authorities can issue orders or decisions that have legal force, such as requiring a party to pay damages or comply with certain conditions.

5. Enforce Their Decisions

Quasi-judicial authorities can take steps to enforce their decisions, such as by imposing fines or other penalties for noncompliance.

Conclusion

Quasi-judicial authorities have the power to act like judges, which helps enforce laws and regulations. This can be useful because they are specialized and can handle cases more efficiently. But it must be exercised with care to ensure that parties are treated fairly and that decisions are based on legal authority and not on bias or prejudice.

Also, these authorities continue to play an increasingly important role in modern governance. The principles of natural justice and the use of quasi-judicial authority must be subject to appropriate checks and balances.

Read Next:

• What Is Judicial Activism – With Case Laws, Pros and Cons
• What Are Quasi Contracts With Examples, Principles, Types, and Cases?
• Judicial Review in Electoral Matters in India

Quasi-Judicial Authority in India – Types, Powers, Characteristics, and More
Bhanu Choudhary