February 2021 - Law News for Students and Advocates

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1. A petition against the opening of the school by the state government has been registered in the High Court of Chattisgarh. The petition was filed as the schools are being opened without having done the vaccination of students.

2. The High Court of Delhi has been instructed by the Central Government that the channel owners must check that their telecast does not violate the Programme Code and check that a Fact-Checking Unit has been established to confront fake news.Read More →

What is Cooperative and Competitive Federalism

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Cooperative federalism means that there should be a mechanism for coordination between the union and the states. Institutions like the national development council, finance commission, and zonal councils have promoted cooperative federalism.

Competitive federalism is a philosophy that promotes competition between the states and the union and between the state governments.Read More →

ATTEMPTS TO COMMIT OFFENCES

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Attempts To Commit Offences

511. Punishment for attempting to commit offences punishable with imprisonment for life or other imprisonment.

Whoever attempts to commit an offence punishable by this Code with imprisonment for life or imprisonment, or to cause such an offence to be committed, and in such attempt does any act towards the commission of the offence, shall, where no express provision is made by this Code for the punishment of such attempt…Read More →

Right of Private Defence

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In a general sense, defence means to protect from something. The right of private defence under the Indian Penal Code is a defence which a person exercises to protect one’s or other’s body and property.

The defence is available as a shield to protect and not to commute offence in the name of defence. This right is available to a person only when he has no other option than protecting himself or herself. It is not an absolute right. It also has some restrictions and limitations.Read More →

PREAMBLE

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WE, THE PEOPLE OF INDIA,
having solemnly resolved to constitute India into a
SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC
and to secure to all its citizens:
JUSTICE, social, economic and political;
LIBERTY of thought, expression, belief, faith and worship;
EQUALITY of status and of opportunity;
and to promote among them all FRATERNITY…Read More →

THE UNION AND ITS TERRITORY

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The Union and its Territory

Article 1 – Name and territory of the Union.
Article 2 – Admission or establishment of new States.
Article 2A – Sikkim to be associated with the Union.
Article 3 – Formation of new States and alteration of areas, boundaries or names of existing  States.
Article 4 – Laws made under articles 2 and 3 to provide for the amendment of the First and the Fourth Schedules and supplemental, incidental and consequential matters.Read More →

CITIZENSHIP

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Citizenship

Article 5 – Citizenship at the commencement of the Constitution.
Article 6 – Rights of citizenship of certain persons who have migrated to India from Pakistan.
Article 7 – Rights of citizenship of certain migrants to Pakistan.
Article 8 – Rights of citizenship of certain persons of Indian origin residing outside India.
Article 9 – Persons voluntarily acquiring citizenship of a foreign State not to be citizens.
Article 10 – Continuance of the rights of citizenship.
Article 11 – Parliament to regulate the right of citizenship by law.Read More →

FUNDAMENTAL RIGHTS

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Fundamental Rights

Article 12 – Definition.
Article 13 – Laws inconsistent with or in derogation of the fundamental rights.
Article 14 – Equality before law.
Article 15 – Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.
Article 16 – Equality of opportunity in matters of public employment.
Article 17 – Abolition of Untouchability.
Article 18 – Abolition of titles.
Article 19 – Protection of certain rights regarding freedom of speech, etc.Read More →

DIRECTIVE PRINCIPLES OF STATE POLICY

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Directive Principles of State Policy

Article 36 – Definition.
Article 37 – Application of the principles contained in this Part.
Article 38 – State to secure a social order for the promotion of welfare of the people.
Article 39 – Certain principles of policy to be followed by the State.
Article 39A – Equal justice and free legal aid.
Article 40 – Organisation of village panchayats.
Article 41 – Right to work, to education and to public assistance in certain cases.Read More →