Affidavit in Reply Format India
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Public Domain Information Resources
CHAPTER 4 PUBLIC DOMAIN INFORMATION RESOURCES Chap. 4—Public Domain Information Resources UNESCO Recommendation on Promotion and use of Multilingualism and Universal Access to Cyberspace provides the following definition: “Public domain information refers to publicly accessible information, the use of which does not infringe any legal right, or any obligation of confidentiality. It thus refers on the one hand to the realm of all works or objects of related rights, which can be exploited by everybody without any authorization, for instance because protection is not granted under national or international law, or because of the expiration of the term of protection. It refers on the other hand to public data and official information produced and voluntarily made available by governments or international organizations.1” 4.1 PARLIAMENTARY DEBATES Parliamentary Debate is a recording of conversation of parliamentarians of a nation to discuss over agenda, proposed legislations and other developmental programmes. It is treated as primary legal literature and very useful for legal research scholars. While tracing the origin of legislation, it is quite useful to refer parliamentary debates of parliamentarians over the bill or proposed legislations. ONLINE ACCESS OF PARLIAMENTARY DEBATES Parliament of India Debates http://164.100.47.132/LssNew/Debates/debates.aspx United States of America Senates Debates http://www.house.gov/ 1. Uhlir, Paul F, Policy Guidelines for the Development and Promotion of Governmental Public Domain Information, Paris: UNESCO, 2004. 37 38 CHAP. 4—PUBLIC DOMAIN INFORMATION RESOURCES UK House of Commons & House of Lords Debates (Hansard) http://www.publications.parliament.uk/pa/pahansard.htm 4.2 LEGISLATION A Legislation or Statute is a formal act of the Legislature in written form. -
(CIVIL) NO. 1232 of 2017 Swapnil Tripathi ….. Peti
1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (CIVIL) NO. 1232 OF 2017 Swapnil Tripathi ….. Petitioner(s) :Versus: Supreme Court of India ....Respondent(s) WITH WRIT PETITION (CIVIL) NO. 66 OF 2018 Indira Jaising …..Petitioner(s) :Versus: Secretary General & Ors. ....Respondent(s) AND WRIT PETITION (CIVIL) NO. 861 OF 2018 Mathews J. Nedumpara & Ors. ….. Petitioner(s) :Versus: Supreme Court of India & Ors. …..Respondent(s) AND WRIT PETITION (CIVIL) NO. 892 OF 2018 Centre for Accountability and Systemic Change & Ors. ….. Petitioner(s) :Versus: Secretary General & Ors. …..Respondent(s) 2 J U D G M E N T A.M. Khanwilkar, J. 1. The petitioners and interventionists, claiming to be public spirited persons, have sought a declaration that Supreme Court case proceedings of “constitutional importance having an impact on the public at large or a large number of people” should be live streamed in a manner that is easily accessible for public viewing. Further direction is sought to frame guidelines to enable the determination of exceptional cases that qualify for live streaming and to place those guidelines before the Full Court of this Court. To buttress these prayers, reliance has been placed on the dictum of a nine-Judge Bench of this Court in Naresh Shridhar Mirajkar and Ors. Vs. State of Maharashtra and Ors.,1 which has had an occasion to inter alia consider the arguments of journalists that they had a fundamental right to carry on their occupation under Article 19(1)(g) of the Constitution; that they also had a right to attend the proceedings in court under Article 19(1)(d); and that their right 1 (1966) 3 SCR 744 3 to freedom of speech and expression guaranteed under Article 19(1)(a) included their right to publish a faithful report of the proceedings which they had witnessed and heard in Court as journalists. -
Judiciary of India
Judiciary of India There are various levels of judiciary in India – different types of courts, each with varying powers depending on the tier and jurisdiction bestowed upon them. They form a strict hierarchy of importance, in line with the order of the courts in which they sit, with the Supreme Court of India at the top, followed by High Courts of respective states with district judges sitting in District Courts and Magistrates of Second Class and Civil Judge (Junior Division) at the bottom. Courts hear criminal and civil cases, including disputes between individuals and the government. The Indian judiciary is independent of the executive and legislative branches of government according to the Constitution. Courts- Supreme Court of India On 26 January 1950, the day India’s constitution came into force, the Supreme Court of India was formed in Delhi. The original Constitution of 1950 envisaged a Supreme Court with a Chief Justice and 7 puisne Judges – leaving it to Parliament to increase this number. In the early years, all the Judges of the Supreme Court sit together to hear the cases presented before them. As the work of the Court increased and arrears of cases began to accumulate, Parliament increased the number of Judges from 8 in 1950 to 11 in 1956, 14 in 1960, 18 in 1978 and 26 in 1986. As the number of the Judges has increased, they sit in smaller Benches of two and three – coming together in larger Benches of 5 and more only when required to do so or to settle a difference of opinion or controversy. -
Conference on Court Governance Verbatim
CONFERENCE ON COURT GOVERNANCE VERBATIM PROGRAMME REPORT – P 979 Submitted by Sanmit Seth, Law Associate & Anmol Jain, Law Intern National Judicial Academy 1 TABLE OF CONTENTS SESSION 1 ........................................................................................................................................... 3 SESSION 2 ......................................................................................................................................... 40 SESSION 3 ......................................................................................................................................... 66 SESSION 4 ......................................................................................................................................... 89 SESSION 5 ....................................................................................................................................... 120 SESSION 6 ....................................................................................................................................... 142 SESSION 7 ....................................................................................................................................... 166 SESSION 8 ....................................................................................................................................... 200 SESSION 9 AND 10 .......................................................................................................................... 227 SESSION 11 .................................................................................................................................... -
A Constructive Critique of India's Fast-Track Courts
Peterson: Speeding up Sexual Assault Trials: A Constructive Critique of Ind Article Speeding Up Sexual Assault Trials: A Constructive Critique of India's Fast-Track Courts Vandana Petersont India has a strong tradition of judicial activism for social change and comprehensive laws designed to combat sexual violence against women. Yet such crime has significantly escalated. In December 2012, a widely publicized assault occurred in Delhi. The victim's death triggered a frantic response from many quarters including legal scholars, religious leaders, global media, and government officials. The central government undertook a comprehensive review of existing mechanisms to deter future crimes against women. Its findings led to the creation or designation of "fast- track" courts to adjudicatecases involving sexual crime against women. This Article posits that designating "special" courts to hear cases of sexual crime can significantly deter such crime, and implicitly address the social norms which typically motivate such crime. However, the fast-track courts that have been established by the central and state governments of India, with minimal logistical or legislative backing, fall short of making any lasting or normative progress. To that end, this Article suggests best practices from specialized courts in other jurisdictions including specialized domestic violence courts in the United States. Parts I and II describe the contemporary challenges faced by Indian society in the area of sexual violence against women. Parts III and IV describe the history and evolution of fast-track courts and identify areas for improvement. Part V suggests incorporating elements borrowed from t The author is a graduate of Smith College and the University of Michigan Law School. -
Indian Administration
mathematics HEALTH ENGINEERING DESIGN MEDIA management GEOGRAPHY EDUCA E MUSIC C PHYSICS law O ART L agriculture O BIOTECHNOLOGY G Y LANGU CHEMISTRY TION history AGE M E C H A N I C S psychology Basic of Indian Administration Subject:BASIC OF INDIAN ADMINISTRATION Credits: 4 SYLLABUS Historical Context Administrative System at the Advent of British Rule, British Administration: 1757-1858, Reforms in British Administration: 1858 to 1919, Administrative System under 1935 Act, Continuity and Change in Indian Administration: Post 1947 Central Administration Constitutional Framework, Central Secretariat: Organization and Functions, Prime Minister's Office and Cabinet Secretariat, Union Public Service Commission/Selection Commission, Planning Process, All India and Central Services State Administration Constitutional Profile of State Administration, State Secretariat: Organization and Functions, Patterns of Relationship Between the Secretariat and Directorates, State Services and Public Service Commission Field and Local Administration Field Administration, District Collector, Police Administration, Municipal Administration, Panchayati Raj and Local Government Citizen and Administration Socio-Cultural Factors and Administration, Redressal of Public Grievances, Administrative Tribunals Judicial Administration Emerging Issues Centre-State Administrative Relationship, Decentralization Debate Pressure Groups, Relationship Between Political and Permanent Executives, Pressure Groups, Generalists and Specialists, Administrative Reforms Suggested Readings: -
BENNETT JOURNAL of LEGAL STUDIES an Annual Journal Published by the School of Law, Bennett University, Greater Noida BENNETT Volume 2 Issue I February 2021
V olume 2 Issue I BENNETT JOURNAL OF LEGAL STUDIES An Annual Journal published by the School of Law, Bennett University, Greater Noida BENNETT Volume 2 Issue I February 2021 JOURNAL SCHOOL OF LAW OF LEGAL STUDIES February 2021 Plot Nos 8-11, TechZone II, Greater Noida 201310 Uttar Pradesh, India. 1800-103-8484 [email protected] BENNETT JOURNAL OF LEGAL STUDIES |Volume 2 | Issue 1 | February 2021 Special Issue : COVID-19 and Justice Delivery System : Challenges and Way Forward PATRON Prof. (Dr.) Nuzhat Parveen Khan Dean, School of Law, Bennett University EDITOR-IN-CHIEF Prof. (Dr.) M. Sridhar Acharyulu Professor, School of Law, Bennett University EDITORIAL BOARD Dr. Garima Tiwari Dr. Suvir Kapur Assistant Professor, Assistant Professor, School of Law, Bennett University School of Law, Bennett University Dr. Manjula Rani Mallepalli, Mr. Jacob George Panickasseril Associate Professor, Assistant Professor, School of Law, Bennett University School of Law, Bennett University STUDENT EDITORIAL BOARD Rahul Kumar, IV Year, BBALLB (Hons), School of Law, Bennett University Ayush Srivastava, IV Year, BBALLB (Hons), School of Law, Bennett University Bhavya Bose, III Year, BALLB (Hons)School of Law, Bennett University Priscilla Samuel, III Year, BALLB (Hons), School of Law, Bennett University Published by THE REGISTRAR BENNETT UNIVERSITY Plot Nos. 8-11, Tech Zone II, Greater Noida, 101310, Uttar Pradesh, India. COPYRIGHT POLICY The contribution accepted for publication and the copyright therein shall remain jointly with the contributor and BJLS. Any person desiring to use the BJLS’s material for education purposes, research or private study can do so with the prior written permission of the publisher i.e. -
Justice As a Public Good Provision
GSJ: VOLUME 6, ISSUE 7, July 2018 289 GSJ: Volume 6, Issue 7, July 2018, Online: ISSN 2320-9186 www.globalscientificjournal.com FACTORS INFLUENCING THE EEFICIENCY OF JUDICIARY A PUBLIC GOOD PROVISION Manurut Lochav, Dr. Mahua Bhatacharjee Abstract There are three pillars of Indian democracy namely, executive, legislature and judiciary. Judiciary as a pillar of democracy upholds the law. This paper aims to trace the roots of judiciary as a public good. Justice is an indicator of well-being of the economy. The judicial system has seen radical changes. The supply and demand side of judiciary has been on a rise in the last few decades. In the paper key characteristics of a public good have been examined and it is seen that judiciary does categories as a public good. The provision of a well-functioning and efficient judicial system acts as a pedestal for smooth and continuous growth of a country. The paper builds its findings on a primary survey where in responses show that as per public opinion efficiency was reducing in judicial system of India. The primary data is further supported by the secondary data which has been sourced from the judicial institutes itself. There are several factors which have been identified to be the leading cause of reducing efficiency in judiciary. The paper examines these factors in detail and tries to draw a link between these factors and judicial efficiency based on secondary data. The findings of the paper reveal that judiciary is indeed a public good whose efficiency has been decreasing. It sheds light on judiciary which needs funding and attention from the government so to ensure social equality and justice in the country. -
Identifying the Causes and Finding Solutions for Delays in Disposal of Criminal Appeals: Final Report
Identifying the Causes and Finding Solutions for Delays in Disposal of Criminal Appeals: Final Report Confidential & Not for Circulation This report is a commissioned piece of work by the Vidhi Centre for Legal Policy under the Scheme for Action Research and Studies on Judicial Reforms of the Department of Justice. Confidential & Not for Circulation About the Authors Shreya Tripathy, Chitrakshi Jain and Aditya Ranjan are Research Fellows at the Vidhi Centre for Legal Policy, New Delhi working for the JALDI (Justice, Access and Lowering Delays in India) Initiative. The authors would like to thank Shri Barun Mitra (Secretary, Justice), Shri G.R. Raghavender (Joint Secretary, National Mission for Justice Delivery & Legal Reforms), Smt. Premlata Kaushik (Dy. Secretary, JR) and the Department of Justice, Ministry of Law & Justice for giving us the opportunity to work on this project under the Scheme for Action Research and Studies on Judicial Reforms. The authors are extremely thankful to Hon’ble Justice P.N. Prakash and Hon’ble Justice and Hon’ble Justice S. Nagamuthu for their valuable insights during the internal consultation held for the report. The authors are also thankful to Mr. Manas Gawankar (Advocate, Bombay High Court), Mr. Varad Nath (Advocate, Rajasthan High Court) and Mr. Pranesh Misra (Advocate, Delhi High Court) for their inputs during the consultation. The comments and views expressed during the consultation have added valuable insights to this final output. The authors are also grateful to Ameen Jauhar (Senior Resident Fellow) and Deepika Kinhal (Senior Resident Fellow) for their review and inputs. The authors would also like to thank Vaidehi Misra (Research Fellow) and Megha Katheria (associate Fellow) for their contribution to the Report. -
CONSTITUTIONAL LAW II Prepared As Per the Syllabus Prescribed by Karnataka State Law University (KSLU), Hubballi
KLE LAW ACADEMY BELAGAVI (Constituent Colleges: KLE Society’s Law College, Bengaluru, Gurusiddappa Kotambri Law College, Hubballi, S.A. Manvi Law College, Gadag, KLE Society’s B.V. Bellad Law College, Belagavi, KLE Law College, Chikodi, and KLE College of Law, Kalamboli, Navi Mumbai) STUDY MATERIAL for CONSTITUTIONAL LAW II Prepared as per the syllabus prescribed by Karnataka State Law University (KSLU), Hubballi Compiled by Reviewed by Vinuta Kulkarni, Asst. Prof. Dr. Sharada G. Patil, Principal Preeti Kasturi, Lecturer Swapna Somayaji, Lecturer G.K. Law College, Hubballi This study material is intended to be used as supplementary material to the online classes and recorded video lectures. It is prepared for the sole purpose of guiding the students in preparation for their examinations. Utmost care has been taken to ensure the accuracy of the content. However, it is stressed that this material is not meant to be used as a replacement for textbooks or commentaries on the subject. This is a compilation and the authors take no credit for the originality of the content. Acknowledgement, wherever due, has been provided. Sl. No. Units Topics 1 Unit I Federal system : Organisation of State. Relationship between the Centre and the State : Legislative, Financial and Administrative Co-operative Federalism Recommendation of Commission. Freedom of Trade and Commerce, Official Language, Local self- government with special emphasis on 73 rd and 74 th Amendment. Constitutional provisions of Jammu and Kashmir (Art 370) Special provisions relating to -
1. Organisation & Functions of Ministry of Defence, Three Services And
1. Organisation & Functions of Ministry of Defence, Three Services and other Organisations under MOD Introduction The Government of India is responsible for ensuring the defence of India and every part thereof. The Supreme Command of the Armed Forces vests in the President. The responsibility for national defence rests with the Cabinet. This is discharged through the Ministry of Defence, which provides the policy framework and wherewithal to the Armed Forces to discharge their responsibilities in the context of the defence of the country. The Raksha Mantri (Defence Minister) is the head of the Ministry of Defence. The principal task of the Defence Ministry is to obtain policy directions of the Government on all defence and security related matters and communicate them for implementation to the Services Headquarters, Inter-Services Organisations, Production Establishments and Research and Development Organisations. It is also required to ensure effective implementation of the Government's policy directions and the execution of approved programmes within the allocated resources. Ministry of Defence comprises of four Departments viz. Department of Defence (DOD), Department of Defence Production (DDP), Department of Defence Research & Development (DDR&D) and Department of Ex- Servicemen Welfare and also Finance Division. Organisational Set-Up And Functions After independence Ministry of Defence was created under the charge of a Cabinet Minister, and, each Service was placed under its own Commander-in- Chief. In 1955, the Commanders-in-Chief were renamed as the Chief of the Army Staff, the Chief of the Naval Staff and the Chief of the Air Staff. In November 1962, a Department of Defence Production was set up to deal with research, development and production of defence equipment. -
Union & State Judiciary
1 | Union & State Judiciary UNION & STATE JUDICIARY Table of Contents S.No. Title Pg. No. 1. Introduction 2 2. Union Judiciary: Supreme Court 3 3. State Judiciary 9 Bibliography 17 2 | Union & State Judiciary 1. Introduction The Indian Judicial System is one of the oldest legal 'systems m the world today. federal system of government, the Constitution has provided for the setting up of a single integrated system of courts to administrator both Union and State laws. The above simple Flowchart illustrates sub-ordinate courts- both Civil and Criminal courts - at (i) Metropolitan and (ii) District levels. Besides, it illustrates the hierarchy in terms of (i) Labor Courts and (ii) Family Courts together with specialized tribunals. However, if required, the hierarchy can be illustrated in a different manner for those who want to have the structure by (i) Civil Courts at (a) Metropolitan and (b) District levels and (ii) Criminal Courts at (a) Metropolitan and (b) District levels, i.e. 3 | Union & State Judiciary 2. Union Judiciary: Supreme Court The Supreme Court of India was inaugurated on January 28, 1950. It succeeded the Federal Court of India, established under the Government of India Act of 1935. Article 124 to 147 in part V of the Constitution deal with me organisation, independence, jurisdiction, powers, procedures and so on of the Supreme Court. The Parliament is also authorised to regulate them. Supreme Court is the final interpreter and guardian of our Constitution. It is also the guardian of Fundamental rights of the people. It decides the disputes between Centre and States regarding encroachment of power, thus maintains the supremacy of the Constitution.