Article 35A says that all laws which apply to India will not be applicable to Jammu and Kashmir, and the President with the consultation of State assembly will decide which laws will be applicable to Jammu and Kashmir.
Article 35A declares that which people are declared or decided to be a permanent resident of Jammu and Kashmir.
The doctor is liable, and he cannot claim protection under Section 81 of IPC because every person is sovereign (head) of his body. The Doctrine of Necessity applies to cause small harm to avoid big harm.
A doctor can only advise the attendant to donate his blood. He can not compel the attendant to do so.
Important Judgments Related to Article 13:-
1. Marbury vs. Madison, 1803
2. L. Chandra Kumar vs. Union of India, 1997
3. Romesh Thappar vs. the State of Madras, 1950
4. A.K Gopalan vs. the State of Madras, 1950
5. State of Gujarat vs. Ambika Mills, 1974
6. Deep Chand vs. State of UP, 1959
7. Basheshar Nath vs. Income Tax Commissioner, 1959
(1) On 26th Oct 1947, the Instrument of Accession was signed between the Government of India and Hari Singh, who was the Maharaja of Jammu and Kashmir. It was agreed that Jammu and Kashmir would become a part of India.
(2) On 17th Oct 1949, Article 370 was incorporated in the Constitution of India. According to this, Jammu and Kashmir was given a different Constitution and different Flag from India.
INSANITY DEFENSE AND THE ISSUES WITH IT
The concept of “responsibility” arises with most of the cases involving human conduct and presence of guilt, knowledge of the act and its consequences.
A person thoroughly oblivious about its surrounding, or unaware of the distinction between right and wrong, is not the one to punish.