legalupanishad

[legalupanishad]

Supreme Court Ruling on Electoral Bond Scheme

This article on 'Supreme Court Ruling On Electoral Bonds Scheme was written by Tosani Lal, an intern at Legal Upanishad. INTRODUCTION On February 15,2024,  the Supreme Court of India delivered a pivotal judgment in Association for Democratic Reforms v. Union of India, providing a much-needed boost to our democratic principles. The unanimous verdict by five judges, including Chief Justice DY Chandrachud and Justice Sanjiv Khanna, underscored the inherent connection between our right to political equality and the freedom to vote with comprehensive information. The court deemed unconstitutional a set of parliamentary laws that had a profound and adverse impact on India's democratic process. Furthermore, the Supreme Court upheld a High Court order that directed the Election Commission to acquire and publicly disclose background information about candidates, such as details regarding their assets, criminal records, and educational background. In this context, the court asserted that the right to access information about public officials emanates from the constitutional right to freedom of expression. This dual affirmation by the Supreme Court marks a significant stride towards promoting transparency and safeguarding the democratic principles integral to our nation. In this article, we will delve into the recent landmark ruling by the Supreme Court of India in the case of Association for Democratic Reforms v. Union of India. By examining the intricacies of the judgment, we aim to provide readers with a comprehensive understanding of the implications of the Supreme Court's stance on Electoral Bonds and its significance in shaping the future of electoral transparency and accountability in the country. FACTS AND ISSUES OF THE CASE The Association for Democratic Reforms initiated legal proceedings by filing a comprehensive petition with the High Court of Delhi, aiming to compel the implementation of specific recommendations geared towards bolstering the fairness, transparency, and equity of the electoral process in India. At the explicit request of the Government of India, these recommendations, meticulously crafted by the Law Commission, articulated that the Election Commission should necessitate all candidates to publicly disclose a comprehensive array of personal background information. This information encompassed crucial details such as criminal history, educational qualifications, personal financial intricacies, and other pertinent data necessary for a nuanced evaluation of a candidate's capacity and capability to serve in public office. In a landmark ruling that underscored the imperative of transparency in a democratic system, the High Court of Delhi pronounced that withholding a candidate's background information was contrary to the interests of democracy. Consequently, the court mandated the Election Commission to actively procure and disseminate such information for the enlightenment of voters. However, this directive faced opposition from the Union of India, prompting them to challenge the decision through an appeal presented to the Supreme Court of India. The Union argued that neither the Election Commission nor the High Court possessed the constitutional authority to compel the disclosure of such extensive personal information, contending that voters did not have an inherent right to such comprehensive disclosure.

Supreme Court Ruling On Electoral Bonds: Association for Democratic Reforms v. Union of India 2024 Within the ambit of this legal dispute, the Supreme Court identified and deliberated upon two pivotal issues. First and foremost, the Court examined whether the maintenance of secrecy concerning the identity of political contributors and the extent of their contributions would infringe upon the fundamental right to information. Secondly, the Court probed into the potential ramifications of limitless corporate funding, scrutinizing whether such an approach would transgress the foundational principles of free and fair elections and, in turn, violate the right to equality. This multifaceted legal discourse seeks to unravel the intricate intersection of electoral transparency, democratic principles, and constitutional rights within the Indian context. ANALYSIS OF THE DECISION Before the Court were challenges to amendments brought about by the Finance Act, 2017, impacting various statutes, such as the Representation of the People Act, 1951, the Income Tax Act, 1961, and the Companies Act, 2013. These changes introduced a novel financial contribution mechanism for political parties known as the "Electoral Bond Scheme." Under the modified law, individuals or any "artificial juridical person," including corporations, could acquire bonds issued by the State Bank of India during specified periods. These bonds, similar to promissory notes, were available in denominations ranging from Rs. 1,000 to Rs. 1 crore. Upon obtaining a bond, a buyer could donate it to any political party of their choosing, with the party having the ability to redeem the instrument on demand. Notably, recipients were not required to disclose these contributions, allowing donors to keep the details of their contributions private.

Additionally, the amendments removed crucial safeguards that were in place before. Previously, companies were limited to donating no more than 7.5% of their net profits over the preceding three years, with a requirement that a corporation must exist for at least three years before making a donation. The Electoral Bond Scheme eliminated these constraints, potentially enabling the creation of shell companies for channeling money into politics and facilitating virtually unlimited corporate funding. The Court identified two key issues for consideration. Firstly, it questioned whether maintaining secrecy over the identity of political contributors and the extent of their contributions would violate the right to information. Secondly, it probed whether unlimited corporate funding would infringe upon the principle of free and fair elections, thereby violating the right to equality. Addressing the first issue, the Court reaffirmed the longstanding principle that voters in a democracy must have the right to information. Recognizing that candidates must disclose all relevant information, Chief Justice Chandrachud asserted that this standard should extend to political parties, which are integral units in the electoral process. The Union government argued that the contributor's identity was unknown even to the beneficiary, a claim the Court dismissed. The judgment illustrated situations in which a contributor could physically hand over an electoral bond to a party's office-bearer, who could then submit the instrument for enactment. Exploring circumstances where the electorate's right to information could be legitimately curtailed, the Court applied a rule of proportionality. The government needed to demonstrate that restricting the right was in pursuit of a legitimate goal, the chosen option was a suitable means, and the measure struck a balance between people's rights and its goals. Regarding the purported aims of the scheme - curbing black money and protecting donor privacy - the Court found that even if curbing black money was a legitimate purpose, the scheme was disproportionate. Existing measures, such as limiting contributions in cash and mandating contributions above Rs. 2,000 to be made through banking channels, already addressed this concern. On the second aim, balancing the right to privacy with the electorate's right to information, the Court applied a doctrine of "double proportionality." This involved a three-step process: analyzing the comparative importance of the actual rights claimed, examining the justifications for the infringement of rights, and independently applying the proportionality standard to both rights.

Supreme Court Ruling On Electoral Bonds: Association for Democratic Reforms v. Union of India 2024 Chief Justice Chandrachud acknowledged a modification in the Indian context, involving a four-step proportionality test. The final stage included evaluating the cost of the interference with the right and its proportionality to the law's perceived objective. The Court concluded that the Electoral Bond Scheme failed to harmonize the involved interests. Examining whether the scheme was "suitable, necessary, and proportionate" to the fundamental rights at stake, the Court ruled that the law failed this test. The Representation of the People Act (RPA) previously mandated disclosure of contributions exceeding Rs. 20,000, preserving privacy rights for individual donors below this threshold. Chief Justice Chandrachud argued that the RPA's alternative achieved the objective of securing disclosure while maintaining privacy. The Court contended that the balance in the scheme tilted excessively towards donor anonymity, compromising the electorate's right to know how political parties were funded. The judgment highlighted the need for a more thorough reform in electoral funding, while recognizing the decision as a robust defense of the republic's cherished ideals. CONCLUSION In summary, the Supreme Court's ruling on the Electoral Bonds Case signifies a crucial development in the debate on political financing in India. The amendments introduced by the Finance Act, 2017, especially the Electoral Bond Scheme, faced scrutiny for its impact on transparency and democratic integrity. Chief Justice Chandrachud emphasized voters' right to information and rejected claims of contributor anonymity. The Court applied a proportionality test, deeming the scheme disproportionate. It also questioned the scheme's aims of curbing black money and protecting donor privacy, concluding that existing measures addressed concerns effectively. The verdict highlighted the imperative for a more comprehensive electoral funding reform, solidifying the decision as a staunch defense of the republic's fundamental ideals. This calls for a reevaluation of electoral financing mechanisms to align with principles of transparency, accountability, and democratic information rights. Reference List Association for Democratic Reforms v. Union of India 2024 LiveLaw (SC) 118 IBID IBID IBID IBID A Fillip To Democracy : Supreme Court's Electoral Bonds Case Verdict, available at (www.livelaw.in/articles/a-fillip-to-democracy-supreme-courts-electoral-bonds-case-verdict-249803?infinitescroll=1 (last visited 20th february 20, 2024) Ibid Ibid Ibid Ibid Ibid Ibid Ibid Ibid Ibid Ibid Ibid Read the full article

[legalupanishad]

Judicial Activism, Judicial Overreach and Judicial Restraint

This article on 'Judicial Activism, Judicial Overreach and Judicial Restraint in India' was written by Rishabh Tyagi, an intern at Legal Upanishad.

Introduction

This article deals with the concept of judicial activism and its development in the Indian system. The concept itself finds its origin in the United States of America. Whenever there is dissatisfaction with the functioning of the legislative and executive parts of the system, the judiciary with the means of judicial activism tends to correct the disputed facts of law. Where there is a blatant misuse of power by the legislative or executive, judicial activism becomes the bulwark of protection for the rights of the citizens of the country. Along with the positive side, this concept also holds an unwanted side of overreach on the part of the judiciary to interfere with the working of the other two organs.

Judicial Activism: Meaning and Concept

There is no generic definition per se for judicial activism. In simple terms, judicial activism means the active role of the judiciary in order to protect the rights and interests of the people from arbitrary functioning on the part of the legislature and executive. It is a literalistic approach on the part of judges to deal with any draconian provision within the premise of the Constitution. It is the proactive role played on the part of judges as individuals and citizens of the country. In this process, the judiciary acts as a policy maker, thus going beyond its defined limits and stepping into the domain of legislature and executive. Need for Judicial Activism When there is a failure on the part of the legislature or executive to act, the moment calls for judicial activism. Traditionally, it was the sole responsibility of the legislature to make the laws and the judiciary had to follow such laws even if the rights of people were affected. The sole purpose of the judiciary was to ensure that such laws were applied without any deviation. But with the passage of time, the Courts have stopped remaining passive. In India, post-independence there was a general feeling among the masses that the legislature and executive had failed to reach the level they were expected to in terms of their work. The judiciary was the sole door of hope for a citizen to get any sort of redress, as the legislative part had become apathetic towards the needs of the people. Under such conditions, there was the emergence of the activist approach of the judiciary. Judicial Activism eventually flourished and got legitimacy among the masses. It became easier for a common citizen to approach the highest Court of the country in order to get a redressal. A postcard or even a letter for the purpose of initiating writs was accepted by the Court despite the inherent lacunae. After the events that happened during the emergency rule from 1975 to 1977, there was a stark change in the judicial approach. During the emergency period, a plethora of instances of violations of fundamental rights were reported, but the judicial approach was conservative. After 1977 the approach changed. This change was owed mainly to the increase in the number of public interest litigations (PIL) and enhanced public aspiration from the institution. The ignorance on the part of Parliament regarding its duties, the debasement of the democratic structure, rampant corruption in public institutions, and the increased emergence of PILs led to the need for the development and practice of judicial activism. Manifestation of Judicial Activism Articles 32 and 226 of the Constitution state that every individual has the right to approach the Supreme Court and High Court respectively in order to enforce his/her fundamental rights. These Articles have been liberally interpreted by the Court which has led to significant development in the domain of judicial activism. Following are the certain ways to invoke such power: Judicial Review: In our constitution, this concept has been adopted from the constitution of the USA. Under this, the legislative and executive actions can be put under the scrutiny of the judiciary. The Supreme Court has the power to review the constitutionality of any challenged law. If it passes the test of being within permissible limits of the constitution and basic structure, only then would its validity be upheld. Otherwise, it would be unconstitutional. This approach provides the power of checks and balances in the hands of the Court. PILs: This concept was introduced in our Indian system by Justice V R Krishna Iyer and Justice P N Bhagwati in the Fertilizer Corporation Kamgar Union case. They could be termed sentinels who developed this approach and stood to provide justice to the oppressed and poor. PIL means the filing of a suit in the Court in relation to a public interest of significant importance. In Bandhua Mukti Morcha vs Union of India, the Supreme Court stated that owing to the illiteracy, and social and economic backwardness of the majority of the population, the use of public interest litigation was justified. In the State of Himachal Pradesh vs A Parent of a Student of Medical College, it was stated by the Court that while dealing with PIL, the intention of the Court is to administer the rule of law in the society. Interpretation via International Provisions: In deciding a case, the Supreme Court may refer to those international provisions that would help to mandate the decision to respect the constitutional values and protect the rights of the citizen. In Vishakha vs State of Rajasthan, owing to the lack of provisions provided in the law, the Supreme Court referred to the various international conventions for women to give the appropriate guidelines. In Jeeja Ghosh v. Union of India, the Supreme Court shed light on the Vienna Convention on the law of treaties, 1963, according to which the country’s internal legislation shall be in line with the international commitment. In this case, rights of the disabled persons were reaffirmed. Judicial Activism, Judicial Overreach and Judicial Restraint in India

Judicial Overreach

One of the ideas that the makers of our constitution had was to separate the three organs i.e., legislature, executive, and judiciary. This intent can be seen in Articles 122 and 212 which state that Courts shall not inquire in proceedings of Parliament and legislature respectively. This line of separation is blurred when judicial activism comes into the picture. Due to underperformance and incompetence on the part of the legislature, judicial activism becomes an important trait, but this often creates friction between the legislature and judiciary. Often the legislature accuses the judiciary of using its powers beyond their acceptable limits. In cases dealing with for example labour policy, environmental issues, etc., the proactive behaviour of the judiciary is a positive symbol. But in cases related to fiscal policy, the judicial intervention would be seen as an overreach of their powers. Such a clash would be counterproductive and weaken the two institutions instead of strengthening them. The arbitrary, frequent and excessive, intrusion of the judiciary into the domain of the other two parts is often termed judicial overreach. The difference between judicial activism and overreach is significant for the proper functioning of the two separate systems. The appreciation of the doctrine of separation of power and supremacy of the constitution is of utmost importance to lay down a strong foundation. Judicial overreach breaches a number of constitutional principles. Supremacy of law comes under jeopardy when the Court defies its constitutional working limits. It places itself above the law and gives orders and decrees as it deems fit, not within the democratic spirit. Unlike the legislature, they are not accountable to anyone and thus the practice of judicial overreach is harmful to the democratic premise of the country.

Judicial Restraint

This concept comes as a solution to judicial overreach. On various occasions, the Supreme Court has highlighted the need to practice restraint in order to maintain the intricate balance of power between the three organs. The constitution mandates that each organ has its own domain to work on. So, the practice of restraint on the part of the Court would maintain the balance and equality among the three organs and also it would keep the independence of the judiciary intact. In, S.R. Bommai vs UOI, the Supreme Court held that in cases involving a high level of political interest, there can be no judicial review. If the judiciary acts above the legislature, it will require the officials to be chosen by the people and they would need to administer like their legislative counterparts. So, judicial restraint is like an ancillary concept that is required for judicial activism to have its desired results.

Conclusion  

There are no defined criteria as to when judicial activism must be used. Its usage would depend upon the circumstances and the needs of the case. Judicial activism has a positive side when the values of the Constitution, the rule of law, and the interest of the masses are protected by the judiciary. However, the usage of this tool must be within the power of the Court defined under the Constitution. The Court shall not be arbitrary in the usage of this concept and shall practice restraint in order to keep the fine balance and honour the spirit of our constitution.

References

R Shunmugasundaram. (15 November 2022). Judicial activism and overreach in India, 72 Amicus Curiae (2007) Prof. Dr. Nishtha Jaswal and Dr. Lakhwinder Singh, Judicial Activism in India, Bharti Law Review (2017) Dr. Justice B.S. Chauhan, The Legislative Aspect of the Judiciary: Judicial Activism and Judicial Restraint, Tamil Nadu State Judicial Academy, available at: http://www.tnsja.tn.gov.in/article/BSChauhanSpeech-Lucknow.pdf Naveen Talawar, Judicial activism, iPleaders Blog, 5 August 2022, available at: https://blog.ipleaders.in/judicial-activism/#Notable_forms_of_judicial_activism Bandhua Mukti Morcha vs Union of India, A.I.R. 1984 S.C. 802. State of Himachal Pradesh vs A Parent of a Student of Medical College, (1985) 3 S.C.C. 169. Vishakha vs State of Rajasthan, AIR 1997 SC 3011. Jeeja Ghosh v. Union of India, (2016) 7 SCC 761. S.R. Bommai vs UOI, (1994) 3 SCC 1. Read the full article

[legalupanishad]

Representation vs. Warranty in Commercial Contracts: Understanding the Key Differences

This article on 'Representation vs. Warranty in Commercial Contracts: Understanding the Key Differences' was written by Amruta Patil, an intern at Legal Upanishad.

Introduction

A contract is an agreement that is enforceable by law as defined under section 2(h). A contract has numerous terms, clauses, conditions and warranties which are involved in the making of it.  A few key clauses are the Representation and Warranty Clauses which are often part of various kinds of contracts such as commercial contracts, Loan agreements and others. The terms Representation and Warranty are often seen to be part of the contract and are often used interchangeably. But both the terms not only have independent definitions but are also remedied differently in case of a breach which is different from case to case. The same clauses are elaborated below in this article.

Commercial Contract: Meaning and Concept

A commercial contract can be defined as a contract that helps in regulating the business equations between businesses or individuals which would include a range of clauses defining the purpose of the business and a dispute resolution mechanism in case of a breach of the terms and conditions. Representation and Warranty are often part of commercial contracts, which are placed in contracts that indemnify the parties concerned in case of a breach on the part of either of the parties. Under the Indian law of contracts, it indemnifies the seller by placing greater responsibility on the buyer through the principle of Caveat Emptor which means let the buyer be aware. Contact Us and avail the best assignment help for students available online!

What is a representation clause in a contract?

Representation means a presentation of facts that are true to the date of execution. In a commercial contract, the party asserts that the facts which are mentioned in the contract are true to nature. It can be implied which is through the conduct of the party or is explicit in nature which would induce the other party to enter into the contract. Representation is not defined under the Indian Contract Act, 1872. However, the Act does define Misrepresentation which means a false statement of facts which are made to induce the other party to enter into the contract. Misrepresentation is of two kinds: Fraudulent Misrepresentation- In this kind of misrepresentation, the representation is done intentionally either by omitting the fact or leading to believe the fact to be true when it is otherwise. The law provided remedies in case there was a misrepresentation that resulted in a breach of the contract. Rights claimed are- Right to claim damages- the innocent party can claim for the damages which have been incurred due to the fraudulent misrepresentation leading to acting upon the contract. Right to repudiate the contract- is when the party either through his actions or by words does not intend to perform the obligations set out in the contract. Innocent Misrepresentation- when one party makes a statement to another party to induce them into entering into the contract without knowing whether the statement made is correct or false.

What is a warranty clause in a contract?

A warranty is a statement or assurance made by the party about the facts or conditions in a contract. A warranty can be implied or expressed. A warranty is made concerning incidents that can occur either in the present or in future. A warranty is usually used in contracts of sale. Not all representations form as part of the contract but the ones which do are called stipulations. An example would be this Mobile will receive software updates for the next three years. In this case, if the device as promised does not receive the updates then the device company can be sued by the user.

Role of warranty and representation in a commercial contract

In a commercial contract clauses such as representation and warranty play a very crucial part in the contract. They both act as protective clauses or measures which are enclosed in a contract in case a breach occurs, it safeguards the buyer in a contract. Both the clauses are often used together in the realm of commercial contracts while execution of these clauses does not share the same process. These clauses help in reducing the risk often arising due to the breach of contract. While the seller would prefer the clause to be such that it minimizes the damage incurred by the seller if the buyer decides to sue. On the other hand, the buyer would prefer the interpretation of the clauses in broader terms which would indemnify the buyer from all possible damages that could be incurred by him.

Are the two defined under the ICA?

The Indian Contract Act 1872, does not define Representation and Warranty in the act. As mentioned above, the Act defines Misrepresentation and provides remedies for the same. The Warranty is however defined in Section 12 of the Sales of Goods Act,1930 (SOGA). the act defines a Warranty as stipulation collateral to the main purpose of the contract, a breach which gives rise to a claim for damages but to a right to reject the goods and treat the contract as repudiated. Representations vs. Warranties in Commercial Contracts: Understanding the Key Differences

How are the Representation and Warranty Clause different?

In All India General Insurance Co v. S P Maheshwari (AIR 1960 Mad 484), the Hon. Madras High Court discussed the distinction between representations and warranties- Warranties are representations which are made the basis of the contract whereas a representation is not strictly speaking a part of the contract or the essence of it, but rather something preliminary and like an inducement to it.” The Indian Contract Act is very much based on the principles of English Common law, hence both the terms are well elaborated in the English Law as opposed to the Indian Contract Act. As often being drafted together in commercial contracts can easily give an illusion that they both are the same. But when looked at closely one can see that both the clauses are different and breaches of either of the clauses have different remedies. While on the one hand Representation is the way the statement of facts is in the present situation or has been in the past. A warranty is a promise about the present or the future. The common thing which is between the two clauses is that in case there is a breach of either of the conditions it would result in damage to the parties involved. The quantum of the damage and remedy would be based on the kind of contract and the applicability of the laws of the land where the breach occurs.

Things to be kept in mind while drafting warranties and representation clauses in the contract

There are a few steps that can be followed when drafting Representation and Warranty Clauses in the contract. They are as follows- Set it out separately- when a contract is formed it would be a prudent move to set the representation and warranty clauses separately to avoid future confusion during the issue of a breach of the contract. As the former deals with the facts concerning the present or that which has taken place in the past, the latter deals with events that are promised in the present or have the possibility of happening in the future. Disclosure of the business- the buyer must have complete knowledge about the seller’s business to the buyer. Also, the buyer needs to run a thorough check as to whether the facts being presented are true or not. The method of resolution – both the representation and warranty clause are defined separately and in case of a breach are also to be dealt with in the same manner. By mentioning the method of resolution when the facts are misrepresented or the warranty of the object of the contract is not fulfilled it would be helpful to determine the damages if the method of resolution is already mentioned in the contract.

Conclusion

Representation and Warranty often appear to be two sides of the same coin. But in reality, both these clauses are very different, while one is a statement of fact, the other is a promise of the future. These clauses aim to bring the experience of the past with the possibility of the future in terms of the contract. Often clubbing these clauses together creates difficulty in interpretation, it would be best that the two clauses are drafted in simpler language along with interpreting them independently.

List of References

- Ashima Obhan and Vrinda Patodia, Revisiting Representation And Warranty Clauses, MOndaq, 19 June 2020, available at: https://www.mondaq.com/india/contracts-and-commercial-law/955660/revisiting-representation-and-warranty-clauses - Representations and Warranties, Thomson Reuters, available at: https://uk.practicallaw.thomsonreuters.com/8-382-3760?transitionType=Default&contextData=(sc.Default)&firstPage=true#:~:text=Arepresentationisanassertion,iftheassertionisfalse. - Sankeit Taneja, Representation and warranties in a contract and the effect of non-compliance, iPleaders Blog, 14 July 2020, available at: https://blog.ipleaders.in/representation-warranties-contract-effect-non-compliance/ Read the full article

[legalupanishad]

Validity of Oral Agreements in India: All You Need to Know

This article on 'Validity of Oral Agreements in India: All You Need to Know' was written by Shruti Pandey, an intern at Legal Upanishad.

INTRODUCTION

In the realm of legal contracts, a complex and intricate framework governs the interactions and obligations between parties. Contracts, whether formal or informal, shape the foundation of commercial, personal, and professional relationships. While written contracts are commonly regarded as the benchmark of legality and enforceability, the Indian legal system recognizes the validity of oral contracts as well. An oral contract, often referred to as a verbal contract, is a binding agreement reached through spoken communication and gestures without the need for written documentation. This aspect of contract law opens a compelling discourse on the extent to which oral contracts hold legal weight, the circumstances under which they are upheld, and the challenges associated with their proof and enforcement within the Indian legal landscape. As we delve into the intricacies of the validity of oral contracts in India, we unravel a dynamic and multifaceted dimension of contract law that has far-reaching implications for businesses, individuals, and the broader legal framework. Validity of Oral Agreements in India: All You Need to Know

WHAT IS AN AGREEMENT?

The Indian Contract Act of 1872, under section 2(e), defines an agreement as a combination of promises that serve as consideration for each other. A promise, essentially an offer or proposal, extended by one party to another, forms the core of an agreement. The acceptance of this proposal leads to the creation of an agreement. Within this framework, a valid agreement encompasses the essential components of a valid contract, which include: - Proposal - Acceptance - Lawful Object - Lawful Consideration - Capacity to Contract It is important to distinguish that while all contracts are valid agreements, not all agreements qualify as valid contracts. Therefore, a valid and enforceable agreement constitutes a thorough integration of necessary elements crucial to its validity and existence. Primarily, agreements can be classified into two categories: Written Agreements: These are agreements documented in writing in a specific format. They encapsulate promises and terms in a textual form, holding an express nature. Written agreements, when valid, offer stronger evidentiary support in legal proceedings, given their clarity and ease of interpretation. Consequently, they have a higher degree of enforceability in legal disputes. Oral Agreements: These agreements rely on verbal communication, gestures, or symbols to convey promises between parties. Valid oral agreements, upon acceptance by the other party, become legally enforceable. They can be either express or implied. While they hold legal standing, their evidentiary value is comparatively lower due to the reliance on verbal communication and second-hand knowledge. This becomes a challenge in disputes, as courts struggle to ascertain the agreement's true nature without tangible written evidence.

VALIDITY OF ORAL AGREEMENTS

An oral agreement carries the same legal validity as a written one, as long as it adheres to the requirements laid out in Section 10 of the Indian Contract Act, 1872. This point was established in the Delhi High Court case of Nanak Builders and Investors Pvt. Ltd. vs. Vinod Kumar Alag (AIR 1991 Delhi 315), affirming that an oral agreement can indeed be enforceable. The Supreme Court further reinforced this notion in the case of Alka Bose vs. Parmatma Devi & Ors (CIVIL APPEAL NO(s). 6197 OF 2000), clarifying that an oral agreement, if aligned with the essentials listed in section 10, holds the same binding value and evidentiary force as a written one. Contact Us and avail the best assignment help for students available online!

ADMISSIBILITY OF ORAL AGREEMENTS AS EVIDENCE

As per the 1872 Act, a valid oral agreement is admissible and enforceable in court. However, proving its existence or the precise terms during disputes can be challenging. Furthermore, Section 48 of the Registration Act, 1908, stipulates that registered non-testamentary documents relating to movable or immovable property take precedence over any oral agreement or declaration related to such property. In addition, Section 92 of the Indian Evidence Act specifies that when the terms of a contract or disposition of property required to be documented are proven according to the Act, no evidence of oral agreements can be used to contradict, vary, add to, or subtract from the terms. Exceptions are made for separate oral agreements that are silent in the document or constitute a condition precedent. In the case of S.V. Narayanaswamy vs. Savithramma 2013R.F.A. No. 1163 of 2002 c/w R.F.A.No.1164 of 2002 Karnataka High Court, the existence of an oral agreement regarding the sale of the property was successfully established through circumstantial evidence like cheques for the property's consideration.

CONCLUSION

The terrain of contract law in India upholds the legal sanctity of oral agreements, even as they pose challenges in terms of proof and evidence. As the legal landscape continually evolves, understanding the nuances and implications of oral agreements becomes paramount, allowing individuals and entities to navigate this intricate arena while safeguarding their interests and obligations. While oral agreements offer a legitimate avenue for contractual arrangements, the recommendation to reduce agreements to written form stands as a prudent approach to ensure clarity, enforceability and enhanced legal standing.

LIST OF REFERENCES

Indian Contract Act, 1872 (Act 09 of 1872) Himanshu Sharma, Enforceability of Oral Agreement under the Indian Law, iPleaders Blog, 2 May 2018, available at: https://blog.ipleaders.in/oral-agreement-under-the-indian-law/ Sharmeen Shaikh, Enforceability Of Oral Agreement In India, Mondaq, 2 January 2019, available at: https://www.mondaq.com/india/contracts-and-commercial-law/768278/enforceability-of-oral-agreement-in-india#:~:text=Anoralagreementisas,Ltd. Read the full article

[legalupanishad]

Best tools and databases for conducting Legal Research

This article on 'Best tools and databases for conducting Legal Research' was written by an intern at Legal Upanishad.

Introduction

Legal research plays a crucial role in the Indian legal system, enabling legal professionals, scholars, and policymakers to access relevant legal information, interpret laws, and make informed decisions. With the vast and complex nature of Indian laws and regulations, it is essential to have reliable tools and databases that facilitate efficient and comprehensive legal research. This article aims to explore some of the best tools and databases available for conducting legal research in India. Legal research involves the systematic exploration and analysis of legal principles, statutes, case law, and legal commentary to understand and interpret the law. It is an integral part of legal practice, academic scholarship, and policy formulation. In India, a diverse and ever-evolving legal landscape necessitates robust research tools that provide accurate and up-to-date information. The advent of technology has revolutionized legal research, making it more accessible, efficient, and cost-effective. Gone are the days when legal professionals had to rely solely on physical libraries and voluminous books. Today, a plethora of digital resources and databases cater specifically to the needs of legal researchers in India. The best tools and databases for legal research in India offer a wide range of features, such as comprehensive legislation databases, case law repositories, legal journals, legal commentary, and analytical tools. They provide a user-friendly interface, advanced search functionalities, and regular updates to ensure the accuracy and relevancy of the information. These tools and databases empower legal professionals to explore legal precedents, identify relevant statutes and regulations, compare case law, and access legal commentaries and scholarly articles. They also facilitate efficient citation management, enabling researchers to maintain accurate references and citations for their work. Contact Us and avail the best assignment help for students available online!

What is legal research?

Legal research refers to the systematic process of gathering, analyzing, and interpreting legal information and sources to understand the law and its application in specific situations. It involves examining statutes, regulations, case law, legal commentary, and other relevant sources to find answers to legal questions, establish legal principles, and develop legal arguments. The primary objective of legal research is to locate and analyze the legal authorities that are relevant to a particular legal issue or case. This includes identifying applicable statutes, regulations, and precedents set by court decisions. Legal researchers aim to understand how the law has been interpreted and applied in similar situations in the past, in order to predict how it may be applied to the current issue. Legal research serves several important purposes. It is a fundamental aspect of legal practice, enabling lawyers to provide accurate advice to clients, develop persuasive arguments, and advocate for their clients in court. Legal research also plays a crucial role in academic scholarship, where scholars analyze and contribute to legal theories and doctrines. Additionally, policymakers and lawmakers rely on legal research to inform the development and amendment of laws and regulations. Traditionally, legal research involved visiting physical law libraries, and poring over books, statutes, and case reporters to access legal information. However, with the advancement of technology, digital tools and databases have revolutionized the process, making legal research more efficient, accessible, and comprehensive. Legal researchers utilize various techniques and strategies to conduct effective legal research. These may include utilizing online legal databases, employing advanced search functionalities to narrow down results, using Boolean operators to refine searches, and staying updated on recent legal developments through newsletters, legal blogs, and online legal communities. In India, legal research is crucial due to the complex and diverse nature of the legal system. The country has a multi-tiered legal framework comprising central laws, state laws, and local regulations, as well as a vast body of case law from various courts. Conducting legal research in India requires accessing relevant statutes, regulations, and judicial decisions, and analyzing their interpretations to provide accurate legal advice or support legal arguments.

Why legal research is important for law students?

Legal research is of utmost importance for law students as it forms a crucial part of their education and future legal practice. Here are several reasons why legal research is important for law students: Understanding the Law: Legal research enables law students to gain a deep understanding of the law. By conducting research, students can explore statutes, regulations, and case law to comprehend legal principles, doctrines, and their application. This understanding forms the foundation of their legal knowledge and allows them to analyze and interpret legal issues effectively. Developing Analytical Skills: Legal research helps law students develop strong analytical skills. By examining various legal sources, students learn to dissect complex legal problems, identify relevant legal authorities, and apply legal principles to specific scenarios. This analytical ability is essential for successful legal practice, as lawyers must analyze cases, statutes, and regulations to provide accurate advice and craft persuasive arguments. Building Legal Arguments: Effective legal research equips law students with the tools to build strong legal arguments. By researching precedents and relevant legal authorities, students can support their arguments with solid legal reasoning and persuasive authority. This skill is essential for success in moot court competitions, legal writing assignments, and actual courtroom advocacy. Staying Updated: Legal research ensures that law students remain updated with the latest legal developments. The law is constantly evolving through new legislation, court decisions, and regulatory changes. By engaging in regular research, law students can stay informed about these developments, enabling them to provide accurate and current legal advice and keep their knowledge up-to-date. Developing Critical Thinking: Legal research nurtures critical thinking skills in law students. By engaging with complex legal issues, students learn to evaluate, analyze, and critique legal arguments and authorities. This critical thinking ability is crucial for identifying weaknesses in legal arguments, spotting inconsistencies, and proposing innovative solutions to legal problems. Academic Success: Legal research is essential for law students to excel academically. Assignments, projects, and exams often require students to conduct thorough research to support their arguments and provide well-substantiated answers. Developing strong research skills ensures that law students can meet the academic expectations of their courses and achieve higher grades. Professional Competence: As future legal professionals, law students must be proficient in legal research to meet the demands of their legal careers. Whether working in law firms, corporate legal departments, or public service organizations, lawyers are expected to conduct extensive research to provide effective legal representation and counsel. Mastering legal research during their student years prepares them for the research-intensive nature of legal practice.

Best tools and databases for legal research in India

There are a number of tools and databases that can be used for legal research in India. Some of the most popular tools and databases include: - Supreme Court of India's website: The Supreme Court of India's website provides access to a wide range of legal resources, including judgments, orders, and rules. - SCC Online: SCC Online is a commercial database that provides access to a comprehensive collection of Indian case law. - Indian Kanoon: Indian Kanoon is a free website that provides access to a large collection of Indian legal documents, including case law, statutes, and regulations. - Westlaw: Westlaw is a commercial legal research database that provides access to a wide range of legal resources, including case law, statutes, regulations, and treatises. - LexisNexis: LexisNexis is a commercial legal research database that provides access to a wide range of legal resources, including case law, statutes, regulations, and treatises. The best tool or database for conducting legal research in India will depend on the specific needs of the researcher. Some factors to consider when choosing a tool or database include the cost, the scope of coverage, and the ease of use. In addition to the tools and databases listed above, there are a number of other resources that can be helpful for legal research. These resources include: - Law libraries: Law libraries contain a wide range of legal resources, including books, journals, and databases. - Legal research guides: Legal research guides can provide guidance on how to conduct legal research. - Legal experts: Legal experts, such as lawyers and law professors, can provide assistance with legal research. Legal research is an essential skill for law students and lawyers. By using the right tools and databases, law students can develop their research skills, understand the law, and develop their writing skills.

Conclusion

In Conclusion, conducting legal research in India is an essential and intricate task for law students, legal professionals, and researchers. Fortunately, a variety of powerful tools and databases are available to facilitate this process, offering comprehensive collections of legal information, advanced search functionalities, and user-friendly interfaces. The tools and databases mentioned in this article, such as Manupatra, SCC Online, Westlaw India, Legal Information Institute of India (LII of India), Indian Kanoon, and the legal databases of universities and institutions, have established themselves as reliable resources for legal research in India. These platforms provide access to a wealth of legal materials, including legislation, case law, legal journals, and legal commentaries. By leveraging these tools, law students can deepen their understanding of the law, develop analytical and critical thinking skills, and build strong legal arguments. Legal professionals can stay updated with the latest legal developments, efficiently locate relevant legal authorities, and provide accurate advice to clients. Researchers can explore legal precedents, access scholarly articles, and contribute to legal scholarship. It is important to note that while these tools and databases offer significant support, they should be used in conjunction with traditional legal resources, such as libraries, journals, and government websites, to ensure comprehensive research coverage. Legal research is a dynamic process that requires continuous learning, adaptation, and access to up-to-date information. As the legal landscape in India evolves, new tools and databases may emerge, further enhancing the efficiency and effectiveness of legal research.

List of References:

- Jai Keshwani, Legal Research: Types and Techniques, My Lawman, 2 May 2020, available at: https://www.mylawman.co.in/2020/05/law-notes-legal-research-types-and.html - Prof (Dr) Khushal Vibhute, Legal Research Methods, Justice and Legal System Research Institute, 2009, available at: https://chilot.files.wordpress.com/2011/06/legal-research-methods.pdf - Dr. Rakesh Kumar Srivastava, A Guide to India’s Legal Research and Legal System, GlobaLex, available at: https://www.nyulawglobal.org/globalex/India_Legal_Research.html Read the full article

[legalupanishad]

Best tools and databases for conducting Legal Research

This article on ‘Best tools and databases for conducting Legal Research’ was written by an intern at Legal Upanishad. Introduction Legal research plays a crucial role in the Indian legal system, enabling legal professionals, scholars, and policymakers to access relevant legal information, interpret laws, and make informed decisions. With the vast and complex nature of Indian laws and…

View On WordPress

[legalupanishad]

Workmen Compensation Laws In India: All You Need to Know

This article on 'Workmen Compensation Laws In India: All You Need to Know' was written by Samriddha Krishna Behera, an intern at Legal Upanishad.

INTRODUCTION

Workmen compensation regulations are critical to protecting the well-being of the labour force in India. These regulations are intended to safeguard workers suffering financial hardship as a result of work-related illnesses or diseases. While encouraging a happy relationship between employers and employees, the regulatory structure guarantees that employees receive proper salaries and medical benefits. This article dives into the fundamentals of India's workers' compensation legislation, including developments, benefits, and issues. Workmen's Compensation Laws in India, officially known as Employees' Compensation Laws, are a series of laws meant to offer economic and medical assistance to employees who are injured or get occupational illnesses while at work. These laws seek to protect the working class's well-being and social security by requiring companies to pay their employees or their dependents in the event of workplace incidents or fatalities. The fundamental goal of these regulations is to shift the responsibility for occupational accidents or diseases from employees to employers. This implies that employees are entitled to reimbursement for injuries sustained without having to establish employer negligence, in accordance with the idea of 'no-fault responsibility.' The regulations encourage a fair and reasonable work environment by resolving compensation claims in a timely and efficient manner, avoiding the need for protracted and costly court battles. The article looks into the full structure of India’s Workers Compensation Laws, illuminating its historical context, important sections, and relevance.

HISTORICAL BACKGROUND

Workmen's compensation rules in India date back to the late nineteenth century, when British colonial authorities enacted the Employers' Liability Act of 1880. The purpose of this Act is to compensate workers for injuries experienced while on the job. Following that, additional labour-related laws were passed, resulting in the Indian Workmen's Compensation Act of 1923 (renamed the Employees' Compensation Act in 2010), and that is still the primary law controlling this subject today.

MAJOR ASPECTS OF WORKMEN COMPENSATION:

Workmen's Compensation Laws in India consist of the following major aspects: Coverage: The rules apply to certain dangerous jobs or businesses, which include factories, mines, building sites, and transportation services, among others. Compensation is determined by the severity of the damage or impairment, the employee's typical monthly wages, and other relevant considerations. Arrangements for dependents are also provided in the event of death. Insurance: Employers must get workers' compensation insurance coverage to cover their obligations to employees. Employers must notify their employees concerning their rights under the Act and keep precise documentation of incidents, injuries, and compensation received. Workers' compensation laws are critical for offering a layer of protection for employees and their loved ones, as well as ensuring that they do not encounter financial troubles as a result of workplace injuries or illnesses. These regulations contribute to a peaceful relationship between employers and workers and promote workplace safety, which helps both the workforce and the wider economy by offering benefits such as social security and legal protection. Contact Us and avail the best assignment help for students available online!

THE EMPLOYEES' COMPENSATION ACT OF 1923'S KEY PROVISIONS

The Act applies to employees who work in hazardous jobs or industries such as manufacturing plants, mines, building construction, and transportation services. Employer Liability: The act requires employers to pay their employees for injury or death caused by accidents that occur throughout the course of employment. Compensation depends on the degree of severity of the injury, the employee's typical monthly wages, and other pertinent variables. In addition, the act specifies measures for dependents in the event of the employee's death. Employers must notify employees about their rights under the Act and keep accurate documentation of accidents, injuries, and compensation awarded. Employers must get workers' compensation insurance coverage to protect their obligations to employees.

BENEFITS AND IMPORTANCE

Workmen's compensation regulations in India provide various advantages and are critical for ensuring a fair and reasonable work environment. Social Security rules ensure that wounded or handicapped employees and their families do not go without financial assistance during difficult times. Legal Protection: Workers' compensation rules shield employees from the responsibility of establishing the employer's culpability. Compensation is granted under the premise of 'no-fault culpability.' Speedy Resolution: The compensation procedure is designed to be as quick as possible, eliminating protracted court fights and allowing injured workers to receive medical treatment and financial aid as soon as possible. Employer-Employee Relationships: The regulations help to preserve a pleasant employer-employee relationship by providing an effective and humane compensation system.

REFORMS AND CHALLENGES

Despite their importance, workers' compensation laws confront several challenges: Informal Sector: A sizable section of the Indian workforce works in the unregulated industry, where understanding of and adherence to compensation rules is frequently low. Delays in collecting compensation due to administrative processes can be a major concern for many claimants. Appropriate Protection: The Act's protection may not extend to all industries or forms of job opportunities, leaving certain employees vulnerable. Consequences are insufficient: Some employers may try to avoid their duties, and consequences for noncompliance should be enhanced to discourage such behaviour.

CONCLUSION

The importance of these regulations lies in their capacity to offer prompt and adequate reimbursement to employees who suffer injuries while working or get occupational illnesses without requiring them to prove employer fault. By putting businesses on the hook for workplace accidents, these regulations encourage a feeling of accountability and responsibility throughout the corporate community, resulting in a safer work environment. The advantages of workers' compensation laws are numerous. During tough times, they provide social security to employees and their families, guaranteeing that health care and financial support are easily available. The notion of 'no-fault responsibility' streamlines the compensation procedure, permitting employees who are hurt to get assistance quickly without resorting to protracted legal fights. Nonetheless, there are issues that must be addressed. To safeguard a broader variety of employees, the reach of these regulations should be increased to embrace more industries and forms of employment. Furthermore, ensuring prompt compensation payments and implementing severe penalties for noncompliance will improve the efficacy of these regulations even further. Policymakers and stakeholders must work together consistently to achieve the intended impact. By collaborating, they can make well-informed choices regarding strengthening Workers’ Compensation Laws, improving employee welfare, promoting workplace safety, and protecting working-class rights. Finally, the evolution and execution of Workmen's Compensation Laws in India demonstrate the country's dedication to the well-being and dignity of its employees. By adhering to these rules, India may continue to progress towards a more inclusive and equal society in which the rights of workers and social security are safeguarded and respected.

LIST OF REFERENCES

The Employees Compensation Act, 1923, India Code, available at: https://www.indiacode.nic.in/handle/123456789/17139?view_type=browse&sam_handle=123456789/2510 Navnit, An overview on Workmen compensation Act 1923, Legal Services India, available at: https://www.legalserviceindia.com/legal/article-992-an-overview-on-workmen-compensation-act-1923.html Lokesh Bagra, Workmen’s Compensation Act, 1923 : Theory of notional extension under the Employees Compensation Act, iPleaders Blog, 22 June 2022, available at: https://blog.ipleaders.in/workmens-compensation-act-1923-theory-of-notional-extension-under-the-employees-compensation-act/ Read the full article

[legalupanishad]

Umar Khalid’s Case: Recent Developments

This article on 'Umar Khalid’s Case: What’s Happening In The Case?' was written by Toya Sen, an intern at Legal Upanishad.

Introduction

Recently, in Umar Khalid’s Case, a former JNU student, researcher, and activist who has been accused as the chief instigator of the 2020 Delhi riots has taken a new turn. The Supreme Court in its recent judgement regarding the case has adjourned the hearing of the accused bail plea. Khalid who has been arrested under the charges of the Unlawful Activities (Prevention) Act as he was protesting against the Citizenship Amendment Act, 2019, is awaiting trial and has been behind bars for the past 2 years and eleven months. A division bench comprising Justice A.S Bopanna and M.M Sundresh is looking into the decision of the Delhi High Court that denied him bail last year. During the brief hearing today, the counsel representing the Delhi Police sought more time to file a counter-affidavit. As a protest, Senior Advocate Kapil Sibal who is appearing for Khalid questioned the counsel on what basis would the counsel file a counter, as the man has been in custody for almost 3 years. Initially, the bench agreed to the request for adjournment of the plea and said the matter would be brought into court this Friday. However, the police counsel requested more time to prepare as the charge sheet was given to him 2 days ago stating that it is 'voluminous' consisting of thousands of pages. The bench finally agreed to adjourn the hearing till Monday, which is the 24th of July with Justice Bopanna firmly saying, "Whether, on Monday, the board is heavy, we have to decide." "May take 1-2 minutes for this", Justice Sundresh added. The case against Umar Khalid continues to unfold, with court proceedings and hearings taking place to determine his guilt or innocence, we need to understand the facts and issues of the case leading up to this decision. This article will provide a brief overview and provide insight into the legal aspects of this case.

What’s Happening In The Umar Khalid’s Case?

Umar Khalid’s Case: Recent Developments Facts of the Case: In April 2020 after the violence that transpired in the Northern part of India, a First Information Report (FIR) came to be registered by the Crime Branch alleging that the riots which took place in North East Delhi were pre-planned by Umar Khalid along with his acquaintances from different organizations. It has been alleged that Umar Khalid had made provocative speeches at different locations and had requested the people to come out to protest and block the streets of Delhi during the visit of US President Donald Trump to shed light on an international level that minorities were being discriminated against in India. Khalid and many others have been charged in connection to the communal riots which took place. According to government statistics, fifty-three people died during the protests and more than five hundred people were injured. Six months after the FIR was registered, Umar was arrested by the Delhi Police on September 2020 under FIR 59 and charged under various sections of the Unlawful Activities Prevention Act (UAPA), which included terrorist activity and conspiracy. He was also charged under the provisions of the Indian Penal Code (IPC) for murder, rioting, sedition, conspiracy, and promotion of communal enmity. Umar Khalid was formally arrested in October 2020 under FIR 101 but had been granted bail in April 2021 On October 18 last year, the High Court rejected Khalid’s bail plea, saying he was in constant touch with other co-accused and allegations against him are prima facie true. The Court also mentioned that the actions of the accused prima facie had qualified as a ‘terrorist act’ under the UAPA law. The Delhi Police had argued that Umar’s speech was ‘very calculated’ and brought up various issues that indicated the alleged suppression of Muslims and the Citizenship (Amendment) Act (CAA) and National Register of Citizens (NRC). Issues: Whether there is any prima facie or reasonable ground to believe that the accused had committed the offence of instigating and conspiring the 202 Delhi riots. Whether there is a danger of the accused absconding or fleeing if he were to be released on bail. Whether there is a likelihood of the offence being repeated. Laws involved: Sections 147 and 148 of the Indian Penal Code, 1980 (Rioting) Section 302 of the Indian Penal Code, 1980 (Murder) Section 149 of the Indian Penal Code (Unlawful Assembly) Section 124A of the Indian Penal Code, 1980 (Sedition) Section 153A of the Indian Penal Code, 1980 (Promotion of enmity between groups) Section 13 of the Unlawful Activities (Prevention) Act, 1967 (Unlawful activities) Sections 16 to 18 of the Unlawful Activities (Prevention) Act, 1967 (Terrorist activities) Section 18 of the Unlawful Activities (Prevention) Act, 1967 (Conspiracy) Sections 25 and 27 of the Arms Act, 1959 (Use of arms) Contact Us and avail the best assignment help for students available online!

Conclusion

To conclude, this case has gained significant attention from the general public over the past few years. The recent adjournment of Umar Khalid’s bail pleas has raised important questions in the minds of people, especially regarding the factors that influence the decision. The outcome of this case will not only have implications for the accused but it will also set a precedent for similar cases involving protest, freedom of expression, and especially the use of the UAPA. It highlights the need for a thorough examination of the evidence, adherence to due process, and the careful evaluation of factors determining bail decisions. This case also reminds us of the need for a fair and speedy trial as well.

List of References

Awstika Das, Supreme Court Adjourns Hearing In Umar Khalid's Bail Plea After Delhi Police Seeks More Time to File Counter-Affidavit, LiveLaw, 12 July 2023, available at: https://www.livelaw.in/top-stories/supreme-court-sc-bail-umar-khalid-unlawful-activities-prevention-act-delhi-riots-larger-conspiracy-case-adjournment-232535?infinitescroll=1 Betwa Sharma, 1000 Days Without Trial Or Bail For Umar Khalid, Denied Bail Despite False Allegations, Article 14, 9 June 2023, available at: https://article-14.com/post/1000-days-without-trial-or-bail-for-umar-khalid-denied-bail-despite-false-allegations-fabrications-and-inconsistencies-6482500d54eea Ayushi Budholia, UAPA Case & Umar Khalid Conviction, Law Insider, 19 August 2022, available at: https://www.lawinsider.in/columns/uapa-case-umar-khalid-conviction Read the full article

[legalupanishad]

Dive into Doctrine of Laches under the Indian Constitution

This article on 'Doctrine of Laches under the Indian Constitution: All You Need to Know' was written by Samriddha Krishna Behera, an intern at Legal Upanishad.

Introduction

The doctrine of laches is a legal theory that emphasises the significance of asserting one's rights in a timely and diligent manner. It effectively prevents a party from pursuing legal redress if they have been unreasonable in advancing their claim, causing prejudice to the other party. While the theory has its origins in equity, Indian courts have recognised and implemented it as a vital instrument for ensuring fairness and efficiency in the functioning of justice. This article dives into the doctrine of laches as it applies to the Indian Constitution, examining its application, major aspects, and relevance in the Indian legal structure. Laches arose in equity, which developed alongside the common law system. To accomplish fairness and justice, equity refers to a collection of legal concepts that strive to enhance and, in some situations, exceed the rigorous requirements of common law. The doctrine of laches originated to avoid the enforcement of stale claims and to increase court efficiency by motivating parties to assert their rights vigorously.

Understanding the Doctrine of Laches

The law of laches, commonly referred to as the doctrine of unjustified delay, states that a person who neglects or fails to enforce their rights within an appropriate time frame may be precluded from claiming justice. It is based on the idea that permitting a claim to be made after a long period of time and altered circumstances would be unreasonable because it would bias the opposing party or undermine the judicial system's integrity. The idea is based on the Latin maxim 'Vigilantibus Non Dormientius Aequitas Subventil,' which translates as 'Equity supports those who are paying attention rather than those who sleep on their rights.' The doctrine of laches is based on the idea that a party can't fall asleep on their rights and expect a court to award remedies after a significant amount of time has passed and situations have changed. It tries to avoid the unfairness that may result from a long wait in presenting a legal claim, which could harm the other party's position. E.g., Y and Z worked as farmers. Their properties were practically adjacent to each other. Y begins to expand his property by producing crops on Z's land. Z was well aware of this, yet he never brought it up with Y. Z filed a lawsuit against Y after 18 years. In this example, it will be claimed that Z took an unusually long time to file a suit, despite the fact that Z was well aware of the situation and chose not to take any action. As a result, the defendant might invoke the law of laches to demonstrate that Z has slept on his rights. Contact Us and avail the best assignment help for students available online!

Relevance in the Indian Judicial System

In most circumstances, the petitioner's delay in launching a lawsuit benefits the opposing party. Because of the wait, witnesses leave, memories fade, and evidence vanishes. It assists the defendant in defending against this theory and transfers the burden of proof to the petitioner. The petitioner must provide a plausible explanation for the delay. Article 32 guarantees the right to petition the court, but it does not limit the judge's discretion in granting relief. The doctrine of laches has been applied in a variety of legal contexts within the Indian legal system, including constitutional disputes. While the theory of laches is not officially mentioned in the Constitution, Indian courts have relied on its principles in order to ensure the efficiency of justice delivery and avoid the misuse of legal remedies. Preservation of Legal Rights: The doctrine of laches urges parties to declare their rights and claims as soon as possible. Establishing a time restriction for taking legal action, guarantees that parties do not waste time pursuing remedies and helps to protect the integrity of the judicial system. Preventing bias: Delaying the assertion of rights might lead to bias on the part of the opposing party. Laches theory seeks to avoid such bias by deterring parties from resting on their rights until situations shift in their favour. It guarantees that all sides have the same chance to put forward their case while their evidence is still fresh. Legal Efficiency: It is critical to have an efficient court system so that conflicts are resolved in a timely manner. The doctrine of laches enhances efficiency by avoiding needless delays and preventing stale claims from cluttering courts. It encourages plaintiffs to file their claims within an appropriate period of time, allowing for the efficient administration of justice. Fairness and equality: The doctrine of laches is inextricably linked to fairness and equitable ideals. It discourages parties from taking advantage of the legal system by intentionally postponing their claims and demanding remedies only when the circumstances are favourable to them. The idea guarantees that all parties receive treatment equally and on an equal basis by requiring fast responses and attentiveness.

Key Elements of the Doctrine

Certain criteria must be proven in order to properly utilise the theory of laches. These are some instances: Excessive Delay: The party seeking remedy must have waited an unreasonable amount of time to establish their rights. The delay is evaluated based on the nature of the claim, the reason for the delay, and the prejudice created for the opposing party as a result of the delay. Changed Circumstances: During the delay, time should have passed and circumstances should have changed, possibly affecting the opposing party's rights and interests. Prejudice: As a result of the prolonged assertion of rights, the opposing party must have incurred prejudice or hardship. This prejudicial mindset should not be theoretical but concrete and verifiable.

Importance in the Indian Legal System

The doctrine of laches is crucial in Indian law, particularly when it comes to constitutional rights. It guarantees that people or companies do not sit on their claims forever, hoping for favourable conditions. The idea supports the rule of law, impartiality, and efficiency in the administration of justice by mandating timely action and vigilance. In matters involving public interest litigation (PIL), the courts might reject a petition if there has been an undue delay in submitting the claim, especially where it concerns issues impacting a substantial segment of society. Furthermore, the idea of laches protects against the misuse of legal remedies. It inhibits litigants from manipulating the judicial system to harass or delay their opponents, making sure that justice is not unreasonably delayed or denied. Doctrine of Laches under the Indian Constitution: All you need to know

Case Law related to Doctrine of Laches

The petitioner in Ved Prakash Goel v. S.D. Singh (2020) challenged the ruling relating to the seniority list, which was finalised in May 2005. There is no such rationale that explains any circumstances that prevented the petitioner from raising this concern within a reasonable time frame. The petitioner's concern would affect the others as well, and if reopening an issue affects the established rights of the other parties, that claim would be denied. If the question is about payment or a pension fixation, it can be considered since it will not affect the rights of a third party. The doctrine of laches will not be applied here since the petitioner provided no reasonable explanation for the delay.

Conclusion

Though not officially stated in the Indian Constitution, the idea of laches is important in the Indian legal structure. It is a critical principle for ensuring timely statements of legal rights and avoiding prejudice to the opposing party. The doctrine of laches adds to the efficiency and fairness of the Indian legal system by emphasising the significance of vigilance and fast response. Its use in constitutional disputes, particularly public interest litigation, emphasises the need for timely settlement of issues impacting society as a whole. The idea of laches emphasises the significance of taking action and being diligent in claiming one's rights in a timely manner. Its foundation in equity reflects its primary goal of establishing fairness and justice. The doctrine of laches serves an important role in safeguarding the integrity of the law by prohibiting the implementation of stale claims and encouraging efficiency in the judicial system. Its significance stems from establishing a balance between the protection of legal privileges and the prevention of bias, thereby helping to ensure a fair and efficient administration of justice. As a result, this theory may be described as a watchdog in a legal system of justice, ensuring that only the appropriate cases are heard and that any unnecessary delay in bringing a claim is a reprimand for the petitioner.

References

Kanisha Goswami, Doctrine of laches : a comprehensive analysis, iPleaders Blog, 9 March 2022, available at: https://blog.ipleaders.in/doctrine-of-laches-a-comprehensive-analysis/ Doctrine of Laches, Byjus, available at: https://byjus.com/free-ias-prep/doctrine-of-laches/ Doctrine of Laches: Meaning, Purpose, Elements & Difference from Statue of Limitation!, Testbook, 9 August 2023, available at: https://testbook.com/ias-preparation/doctrine-of-laches Read the full article

[legalupanishad]

The Registration of Births and Deaths (Amendment) Bill, 2023

This article on "Registration of Births and Deaths (Amendment) Bill, 2023: All You Should Know" was written by Samriddha Krishna Behera, an intern at Legal Upanishad.

INTRODUCTION

A significant piece of legislation that aims to improve our nation's birth and death registration procedures is the Registration of Births and Deaths (Amendment) Bill 2023. The foundation of a country's demographic statistics is birth and death registration, which enables improved planning and delivery of crucial public services. The suggested changes aim to optimise and modernise the current system while addressing the difficulties of keeping a complete and accurate database. A nation's birth and death records are important sources of demographic information because they shed light on population trends, age distributions, and mortality rates. For governments and politicians to make informed decisions about healthcare, education, social welfare, and other public services, accurate and thorough registration is crucial. However, there are problems with data-driven governance caused by the existing registration systems in many nations, which are slow, inaccurate, and have gaps. By modernising the registration procedure and utilising digital technologies to expedite data administration, the Registration of Births and Deaths (Amendment) Bill 2023 seeks to address these problems head-on. The bill's main goal is to make sure that every birth and death is immediately and precisely recorded, leaving no possibility for important occurrences to go unrecorded. The bill's proposed modifications aim to create a centralised, digital database that would make registration information readily available to appropriate agencies while safeguarding the security and privacy of citizen data. The bill also introduces online registration tools and mobile units to reach out to rural and underprivileged regions in an effort to streamline the registration process for individuals and families. The amendment bill aims to increase identity verification and lower cases of identity fraud by requiring prompt reporting of births and deaths and speeding up the issue of birth and death certificates. The suggested actions also aim to encourage diversity by guaranteeing that even underserved populations have equal access to the registration process. It is not only an essential step in creating a complete and trustworthy demographic database, but it also provides a way to support social and economic growth through more focused resource allocation and better public service planning. Contact us and avail the best assignment help for students available online!

REGISTRATION OF BIRTHS AND DEATHS (AMENDMENT) BILL 2023

The Registration of Births and Deaths (Amendment) Bill 2023 is a significant piece of legislation designed to improve and simplify the process of documenting significant occurrences in a country. Registration of births and deaths is essential for establishing identification, organising public services, and monitoring population trends. The amendment bill calls for considerable revisions to the current structure, addressing problems with effectiveness, inclusiveness, and data management.

PURPOSE AND OBJECTIVES

The main goal of the Registration of Births and Deaths (Amendment) Bill 2023 is to make sure that births and deaths are quickly and accurately registered throughout the nation. The measure aims to create a reliable and effective registration system that provides no opportunity for mistakes, oversights, or delays. The proposed changes are meant to improve data accuracy, encourage inclusion, and make it easier for residents to register. The proposed legislation introduces significant revisions that are in line with current demands in an effort to solve the flaws and difficulties that the current registration system faces. The following are some of the bill's primary goals: Enhancing Data Accuracy and Reliability: The amendment bill's main goal is to make sure that important occurrences are recorded accurately and reliably. Bill seeks to lessen inaccuracies, omissions, and inconsistencies in birth and death records by developing a more effective and faster registration procedure. For the government and politicians to make educated judgements on healthcare planning, public services, and social welfare measures, data accuracy must be improved. Centralization and Facilitation of Digitalization: The amendment bill aims to fully digitalize birth and death data. With this action, data management will be centralised and easily available to necessary authorities while maintaining data security and privacy. The transition to digital platforms will make it possible to quickly verify identification, age, and other crucial demographic information, streamlining administrative procedures. Ensuring Timely Reporting of Vital Events: The bill suggests making it a requirement that healthcare organisations, families, and people record births and deaths within a certain amount of time. By aiming to prevent registration delays, this clause makes sure that no significant event remains unrecorded. An accurate and complete database must be kept up-to-date at all times; therefore, timely reporting is crucial. Promoting inclusivity and accessibility is a key goal of the amendment proposal. It aims to guarantee that all people have equitable access to registration of births and deaths, irrespective of their location or socioeconomic level. To do this, the bill suggests sending mobile registration units to isolated and underserved regions, therefore facilitating the procedure for underprivileged groups. Simplifying the Registration Process: The amendment bill seeks to make it easier for both individuals and families to register. It aims to lessen the administrative load on individuals and make registration more convenient and user-friendly by offering online registration options and self-service kiosks. Expediting Birth and Death Certificate Issuing: The bill's ability to speed up birth and death certificate issuing is a key goal. For people to efficiently access necessary services, claim benefits, and exercise their rights, the prompt issuing of these papers is crucial. Strengthening Identity Verification: The measure intends to make identity verification procedures stronger by embracing digitization and centralised data management. This action improves the general integrity of the registration system by lowering incidents of identity fraud and impersonation.

KEY PROVISIONS

Complete Digitization of Birth and Death Records: This is one of the bill's most important features. This policy attempts to centralise the management of data, making it quickly available to the appropriate authorities. Quick identification, age verification, and other demographic facts will be made possible by the digital platform. Mandatory Reporting: The proposed amendment makes it a requirement that healthcare organisations, households, and people record births and deaths within a certain amount of time. This clause guarantees that all significant events are documented, minimising the possibility of data gaps. Simplified Registration Process: To lessen the burden on people, the bill suggests a streamlined registration procedure. People will be able to simply record births and deaths thanks to the implementation of online registration and self-service kiosks. Mobile Registration Units: The law plans to send mobile registration units to isolated and underprivileged communities in an effort to increase inclusion. By taking this action, it will be possible for even the most excluded groups in society to participate in the registration process. Birth and Death Certificates: The proposed amendment bill includes provisions to speed up the production of birth and death certificates. For citizens to use key services and exercise their rights, these papers must be issued on time. Registration of Births and Deaths (Amendment) Bill 2023: All You Need to Know

IMPLICATIONS:

Better Demographic Data: The nation will have access to more precise and thorough demographic data thanks to an effective and inclusive registration system. Planning healthcare services, educational facilities, and social welfare initiatives can greatly benefit from this information. Enhanced Demographic Data: One of the main effects of the legislation is an improvement in the accuracy and thoroughness of demographic data. The measure can aid in producing reliable statistics on births and deaths across the nation by providing a more effective and comprehensive registration mechanism. This information is necessary for policymakers and government organisations to plan and implement targeted public services, healthcare facilities, and social welfare programmes. Enhanced Governance and Resource Allocation: The government can allocate resources wisely if it has access to more accurate and current demographic data. Policymakers may better comprehend patterns of population growth, age structures, and regional variances thanks to the amendment bill's provisions for centralised data administration and digitization, which also make for more effective administration and growth planning. Access to Public Services is Improved: The deployment of mobile registration units to unserved regions and the streamlining of the registration procedure can improve people's access to public services. For the purpose of receiving government benefits, education, and healthcare, birth and death certificates are frequently necessary. The provisions of the amendment law are intended to increase access to these fundamental records for all people, regardless of their geography or socioeconomic standing. Strengthened Identity Verification: By digitising records and issuing certificates, identity fraud and impersonation cases would decline thanks to improved identity verification. Social and Economic Benefits: An efficient system for registering births and deaths can result in better resource allocation and more focused development efforts, which will have a favourable effect on the social and economic environment as a whole. Inclusiveness and Social Welfare: The amendment bill aims to foster inclusiveness and solve social inequalities by sending mobile registration units to isolated and underserved communities. A more inclusive society is facilitated by ensuring that all people participate in the registration process, which also permits targeted social welfare efforts for disadvantaged groups. Administrative Processes Can Be Simplified: The bill's provisions for digitization and online registration tools can simplify administrative procedures for different government entities. This might result in less paperwork, quicker data retrieval, and better service delivery, all of which would be advantageous to both people and public servants.

CONCLUSION

The Registration of Births and Deaths (Amendment) Bill 2023 is an important step towards providing a reliable and effective registration mechanism for important occurrences. The bill has the potential to revolutionise how demographic data is handled in the nation by embracing digitization, encouraging inclusion, and expediting the registration procedure. Birth and death records that are current and accurate are crucial for informed governance and environmental sustainability, in addition to being necessary for individual rights. Stakeholders must actively participate in the legislative process and work together to develop an efficient and reliable registration system for the benefit of all residents. In order to successfully implement a strong and effective registration system, it is crucial for all stakeholders to actively engage and work together as the bill moves through the legislative process, including policymakers, healthcare professionals, members of civil society organisations, and citizens. The country may greatly improve its ability to use demographic data for better government and a more egalitarian society by embracing the promise of this amendment bill. It seeks to create a more efficient, inclusive, and reliable registration process for births and deaths. Through digitalization, timely reporting, and simplification, the bill aims to establish a robust and modern system that is responsive to the needs of citizens and facilitates better governance and social development. It carries profound implications for the nation's data management, governance, and societal well-being. By focusing on data accuracy, inclusivity, and digitalization, the bill seeks to modernize and optimize the registration process for births and deaths. If effectively implemented, the amendment bill has the potential to bring about positive changes, contributing to better planning, improved public services, and a more equitable and developed society. However, all stakeholders need to collaborate and address potential challenges to ensure the bill's successful implementation and the realization of its intended benefits.

LIST OF REFERENCES

Aiman J. Chishti, Lok Sabha Passes Registration Of Births and Deaths (Amendment) Bill Which Seeks To Create A National Database, LiveLaw, 1 August 2023, available at: https://www.livelaw.in/top-stories/lok-sabha-passes-registration-of-births-deaths-amendment-bill-234132 The Registration of Births and Deaths (Amendment) Bill, 2023, PRS India, available at: https://prsindia.org/billtrack/the-registration-of-births-and-deaths-amendment-bill-2023 Saumya Kalia, Proposed amendments to the Registration of Births and Deaths Act, The Hindu, 29 July 2023, available at: https://www.thehindu.com/news/national/explained-proposed-amendments-to-the-registration-of-births-and-deaths-act/article67115609.ece Read the full article

[legalupanishad]

The Jammu And Kashmir Reservation (Amendment) Bill, 2023

This article on 'The Jammu And Kashmir Reservation (Amendment) Bill, 2023' was written by Tooba Shahid, an intern at Legal Upanishad.

Introduction

The Jammu and Kashmir Reservation (Amendment) Bill, 2023 is intended to modify the words used for socially and educationally backward classes in Jammu and Kashmir. This bill was introduced in Lok Sabha recently on December 11, 2023. The Jammu and Kashmir Reservation (Amendment) Bill, 2023 was introduced in the Lok Sabha (the lower house of the Parliament of India) by the Minister of Home Affairs, Mr. Amit Shah. This amendment aims to change the terminology of ‘weak and underprivileged classes’ to ‘other backward classes’ in sub-clause (iii) of clause (o) of Section 2 of the Reservation Act, 2004. It also seeks to amend clause(q) of Section 2 of the Reservation Act, 2004.

Purpose of Jammu And Kashmir Reservation (Amendment) Bill, 2023

On the recommendation of the Jammu and Kashmir Socially and Educationally Backward Classes Commission this bill tries to remove the confusion because of the words used in the Reservation Act which will ensure that only the eligible person will get the benefits of the reservation. Also, the word weak is not right to be used for people of any section of society. It is derogatory, so this amendment is towards upholding the dignity of the people who are not privileged. This amendment shows the intention to align the reservation policy of Jammu and Kashmir with the values of the constitution of social justice and equality as the words that are being added are after the words as defined in clause (26) of Article 366 of the Constitution. This bill is yet to be passed by both houses of the parliament and to get the consent of the president to become law. It is still pending in the Lok Sabha, if it is passed it will be sent to the Upper House i.e. Rajya Sabha for approval. Thereafter, it will be presented before the President of India for her assent. If the amendment gets the assent of the President of India, then this act will come into force on such a date as the Central Government may appoint by notification in the official gazette.

Contact Us and avail the best assignment help for students available online! The Reservation Act of 2004 aimed at providing reservations for a specific category of people for admission to educational institutions in the state of Jammu and Kashmir. The bill is likely to be passed by the parliament as both the ruling party and the opposition party have expressed their support for the bill. However, some parties are opposing this amendment. They claim that this amendment violates the rights and interests of the people of Jammu and Kashmir. So, there is a mixed reaction from different sections of people and political sides. According to some people, the bill is regarded as a progressive measure that will benefit the backward classes and will promote social justice and equality while others have criticized the bill as a step that can erode the identity of the marginalized people in the state of Jammu and Kashmir. The time of announcement of the bill is also being questioned because it is introduced at the time when the assembly elections are expected to be held in 2024 so the motive behind this amendment is being questioned.

Conclusion

This amendment bill is a significant piece of legislation as it reflects the values of social justice and equality. This amendment is needed to address the issue of the backward classes which is regarding the confusion of their status. The bill aims to align with the national policy so that the people can get the maximum benefits and opportunities in public employment and education.

List of References

Suchitra Karthikeyan, The three Bills on reservation in Jammu & Kashmir | Explained, The Hindu, 10 December 2023, available at: https://www.thehindu.com/news/national/the-three-bills-on-reservation-in-jammu-kashmir-explained/article67098856.ece Awstika Das, The Jammu and Kashmir Reservation (Amendment) Bill, 2023, LiveLaw, 11 December 2023, available at: https://www.livelaw.in/top-stories/parliament-jammu-and-kashmir-reservation-bill-reorganisation-amendment-bill-article-370-244269 The Jammu and Kashmir Reservation (Amendment) Bill, 2023, PRS India, available at: https://prsindia.org/billtrack/the-jammu-and-kashmir-reservation-amendment-bill-2023 Read the full article

[legalupanishad]

Karnataka Prohibition of Violence Against Advocates Bill, 2023

This article on 'The Karnataka Prohibition Of Violence Against Advocates Bill, 2023: All You Need To Know' was written by Tosani Lal, an intern at Legal Upanishad.

INTRODUCTION

In light of recent events where a corporate lawyer was assaulted by a cyclist, this road rage incident occurred on the Pune-Bengaluru Highway. Another similar incident occurred when a mob of about twenty members assaulted a couple of lawyers with a sword. In the year 2020, a lawyer was kidnapped and murdered for personal rivalry. These events have raised alarming concerns about the protection of advocates in India. Therefore, the Legislative Assembly of Karnataka has decided to introduce a bill that aims to protect and punish against any violence committed against advocates in India.

THE KARNATAKA PROHIBITION OF VIOLENCE AGAINST ADVOCATES  BILL,  2023

The bill was drafted with the aim of safeguarding the lives of the advocates and punishing those who commit any criminal offence against them. Advocates play a significant role in the legal system. It shall be pertinent to note that even other key players in our Indian legal system, like the judges or the police, have been given protection by the law, but there seems to be no law for the protection of advocates. As a result, the Basic Principles on the Role of Lawyers were adopted in accordance with the Eighth United Nations Congress on the Prevention of Crimes and the Treatment of Offenders, held in Havana, Cuba, with the goal of accelerating international cooperation in crime prevention and criminal justice. Clauses 16 to 18 of this Declaration state that lawyers shall be given assurance by the government that all their duties and performances with respect to their professional service will not be threatened, hindered, harassed, or interfered with in an improper manner. They shall be given the liberty to commute to their clients freely, whether within the territory of India or outside Indian borders. They shall be prevented from any form of sufferance or intimidation with unnecessary legal actions like prosecution, administrative, economic, or any sanction made with respect to any action taken by them with regard to recognition of professional duty, standard, and ethic. As per Clause 17, it states that in terms of the security of lawyers in question, it may be due to intimidation that might be caused while they are discharging their professional duty, and then it shall be the duty of the authorities to make sure that they are adequately safeguarded. Therefore, after keeping these important provisions in mind, the legislative assembly passed the Karnataka Prohibition of Violence Against Advocates Bill, 2023, on February 23, 2023. The main object of the bill was to protect the advocate from being targeted by any form of violence or threat of malicious or frivolous prosecution by any party who tends to have ill intent towards such an advocate and who has tried to interfere and cause disturbance to the advocate in the course of their professional duty, which also causes an obstruction to the administration of justice itself. As discussed in the resolution of the Eighth United Nations Congress on the Prevention of Crimes and the Treatment of Offenders, Havana, Cuba, the legislative assembly has drafted the following in order to safeguard the interests of the lawyers. Section 16 of The Karnataka Prohibition Of Violence Against Advocates  Bill,  2023, states that the government should ensure that the lawyer’s performance with respect to their professional functions shall be executed without any form of threatening, obstruction, harassment or any kind of improper interference. Second, there can have any mode of communication with their client whether, through travel within the Indian territory or outside without any form of obstruction caused to them. Lastly, advocates shall not be aggrieved by action that tantamount to threat, malicious prosecution, issues with administration, economic sanctions or any other kind of sanctions with respect to any actions that they have taken to in pursuance of their performance as lawyers, and within the purview of their stand and ethical concerns. Apart from this, Section 17 of the aforesaid bill also states that in case there has been any kind of incident where the security of the lawyer is compromised in the course of discharging his professional duties, it shall be the duty of the authority to make sure that the aggrieved lawyer is adequately given the requisite protection. Contact us and avail the best assignment help for students available online!

THE IMPORTANT FEATURES OF THE BILL

According to the bill, an advocate is one who pleads on behalf of a party before a court, tribunal, or authority, and this includes the police, who are given such authority by such an official institution, as well as the treatment given to such an officer of such an institution. As per the bill, violence is defined as any form of activity that has the potential to cause danger to the advocate’s life, cause any kind of grievous hurt to the advocate, or is threatened to cause obstruction in his performance as an advocate with respect to any pending case in court, tribunal, or any similar institution. With regard to punishment for the offence relating to Advocate, it provides if a person has been proven to commit an offence which violates the provisions of this bill, then they shall be awarded an imprisonment of three years which shall also be subjected to extension of six months to three years or couple with fine that may extend to Rupees three lakh. The Judicial Magistrate of First Class is empowered to try all the cases relating to violations of this bill.

CONCLUSION

The legislative assembly passed the Karnataka Prohibition of Violence Against Advocates Bill, 2023, with the intent to safeguard the advocate from any form of criminal activity caused by another party in the course of the advocate performing their duties. Although the provision of punishment is provided in the bill, the provision with regard to the compensation of the aggrieved advocate shall also be incorporated in order to address the grievance of the advocate.

LIST OF REFERENCES

- Cyclist Book for attacking lawyer in a road rage on Pune-Bengaluru Highway, available at: www.timesofindia.indiatimes.com/city/pune/bicycle-rider-booked-on-charge-of-attacking-lawyer-in-road-rage-incident/articleshow/84510686.cms (last visited on 20 December, 2023) - Sword Attach on a lawyer on road leave Mumbai shocked, Times of India, 18 July 2021, The Statesman, 19 July 2021, available at: www.thestatesman.com/india/sword-attack-lawyer-road-leaves-mumbai-shocked-1502983893.html (last visited on 20 December 2023) - 3 Held for kidnapping, killing lawyer, Times of India, 19 October 2020, available at: www.timesofindia.indiatimes.com/city/pune/pune-3-held-for-kidnapping-killing-lawyer/articleshow/78755495.cms (last visited on 20 December, 2023) - The Karnataka Prohibition of Violence against Advocates Bill, 2023, PRS India, available at: https://prsindia.org/bills/states/the-karnataka-prohibition-of-violence-against-advocates-bill-2023 Read the full article

[legalupanishad]

Inherent Powers of the High Courts under CrPC, 1973

This article on 'Inherent Powers of the High Courts under CrPC, 1973' was written by Toya Sen, an intern at Legal Upanishad.

Introduction

India has set up a robust judicial procedure for the smooth functioning of providing justice. When a crime is committed against an individual, the details of the offense are reported to the police by filing an FIR (First Information Report). Recently, there has been an immense increase in false FIRs filed by the police, many people have fallen clutches to this trend and have been falsely accused. To prevent and safeguard the interests of these innocent individuals, the Criminal Procedure Code, 1973 has given ‘Inherent Powers’ to the High Courts of India to quash false complaints, and malicious proceedings against innocent people.

Section 482 of the Criminal Procedure Code

Every court in India has certain powers given to them to provide justice. These powers are extremely important as they protect the rights of the people and prevent abuse of powers. These so-called powers are known as the ‘Inherent Powers of the Court”. The CRPC is not comprehensive enough to provide legislation for all possibilities, situations, or instances that may happen while adjudicating a case. This is where these inherent powers come into the picture to rescue in such unforeseen circumstances. Section 482 of the Criminal Procedure Code talks about the inherent powers of the High Courts. It states: “Saving of inherent powers of High Court. Nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice”. To put it simply, the High Court has been given special powers to take action to make sure the orders of the code are being followed, prevent abuse of the court’s procedures, and uphold the principles of justice.

Contact Us and avail the best assignment help for students available online!

Landmark Cases

- State of Haryana v. Bhajan Lal, 1992: In this case, Bhajan Lal a politician from the state of Haryana was accused of misusing his power and influence to harass and harm his competitors. Therefore, the State Government of Haryana filed a case against him under various charges. However, the petitioner argued that the case was politically motivated and said that the government was using its powers to target him and ruin his reputation. The Supreme Court of India held and recognized the misuse of power and abuse of the legal system performed by the defendant and quashed the case. This case is considered to be a landmark case as it laid down the principle that the courts have the power to protect individuals from malicious and false prosecutions. It laid down 7 criteria. If any case falls within the ambit of these seven provisions the High Court has the power to quash these criminal proceedings.  These provisions laid down tests to determine if the court may quash the proceeding or not. These are: If the allegations mentioned in the FIR are not sufficient to establish an offense or are not serious enough to require a police investigation. If the allegations and the evidence collected do not support the commission of any crime If the offense mentioned in the FIR is not a serious one that would require a police warrant If the allegation made is completely unreasonable and baseless. If the allegations against the accused have been filed with malicious intentions to harm someone and are absurd. - R P Kapur v. State of Punjab, 1960: In this case, R.P. Kapur was an accused in a criminal case pending before the Punjab High Court. He filed a petition and approached the Supreme Court seeking to quash to criminal proceedings held against him. The Supreme Court stated and examined the scope of the special powers of the High Court under Section 482 of the Code of Criminal Procedure, it recognized these powers vested in every High Court to prevent abuse of the judicial procedure. The SC discussed three types of cases where criminal proceedings against a person can be quashed: If there is a legal barrier that prevents the institution or continuation of criminal proceedings. For example, if the accused falls outside of the ambit of jurisdiction of the court or if the statute limitations have expired, the court can dismiss the case. If the allegations put forth in the FIR do not constitute an offense, even if it is considered to be true then the court can quash the case If the allegations made in the FIR is an offense but the evidence provided is not sufficient to prove those allegations, then the High Court can dismiss the case.  - Parbatbhai Aahir v. State of Gujarat, 2017: In this case, the Supreme Court of India discussed various precedents and laid down broad principles relating to quashing FIR under Section 482 of CrPc. Section 482 of the CrPc recognizes and preserves the inherent powers of the High Court which has been given to prevent abuse of the judicial court process and secure justice for innocent individuals. The HC does not confer any new special powers. The dismissing of an FIR based on a settlement between the offender and the victim is not the same as compounding an offense under Section 320 of the Code. The power to quash a proceeding under Section 482 can be held even for non-compoundable offenses. The High Court has the duty to evaluate and make sure whether justice would be served if the criminal proceeding or complaint is dismissed. The decision to quash a proceeding or complaint depends upon the facts and circumstances of each case. No more comprehensive principles can be laid down. Heinous offenses such as murder, rape, and dacoity should not be quashed even if the victim and defendant have settled the dispute since these offenses have a significant impact on the public. Offenses that are economic in nature and are affecting the financial and economic well-being of the country may not be quashed easily.

Conclusion

The Judiciary has various roles to perform, one of which is providing protection for our fundamental rights and serving justice.  The Inherent powers of the court are an important component of the judicial system of India. It helps protect innocent individuals who have been wrongly accused of malicious intentions by quashing proceedings against them. As Benjamin Franklin rightfully stated: "It is better 100 Guilty Persons should escape than that one Innocent Person should suffer". The court has to make sure to follow these guidelines and act wisely so that the law isn’t being abused. It should make sure to curb false complaints, allegations, and proceedings against a person and prevent the innocent from being convicted.

List of References

- Code of Criminal Procedure, 1973 (Act 02 of 1974) - Gargi Singh and Abhinav Singh, Spectrum of ‘Inherent Powers of High Court’ under Cr.P.C., 8(5) International Journal of Creative Research Thoughts (2020) - Inherent Powers of the High Courts (Sec. 482), Law Notes, available at: https://lawnotes.co/inherent-powers-of-the-high-courts-sec-482/ Read the full article

[legalupanishad]

Inherent Powers of the High Courts under CrPC, 1973

This article on ‘Inherent Powers of the High Courts under CrPC, 1973’ was written by Toya Sen, an intern at Legal Upanishad. Introduction India has set up a robust judicial procedure for the smooth functioning of providing justice. When a crime is committed against an individual, the details of the offense are reported to the police by filing an FIR (First Information Report). Recently, there…

View On WordPress

[legalupanishad]

House Removal Proceedings and its Effect on Indian Families

This article on ‘House Removal Proceedings and its Effect on Families in India’ was written by an intern at Legal Upanishad. INTRODUCTION House removal proceedings are the proceedings in which the owner or co-owner of the house has the legal right to evict the person from the house which generally happens in matrimonial cases and has a bad impact on the family stability and security. It totally…

View On WordPress

[legalupanishad]

Women Rights in India: Empower Women with Legal Awareness

This article on 'Women Rights in India: Empower Women with Legal Awareness' was written by Toya Sen, an intern at Legal Upanishad.

Introduction

Women in today’s India are independent, have successful careers, and excel in all fields of life, but crimes against women occur daily. Though her social standing has immensely improved, discrimination against females in the country is still at an all-time high. In many parts of India, even before a girl child is born, she is subjected to crimes such as female foeticide and infanticide. This occurs because of the preference of a male child in our society. Most women are subjected to crimes like sexual harassment and rape in the early stages of life. Therefore, every woman needs to know the laws that have been set in place by our Indian legal system for the protection and empowerment of women.

8 Laws that Empower Women Rights in India

- The Prohibition of Child Marriage Act, 2006: In India, child marriage has a deep-rooted history; it has been prevalent in our country for centuries, even before colonization. In 1929, the British Government introduced the Child Marriage Restraint Act of 1929 to eradicate child marriages in India. After independence, this act was replaced by the Prohibition of Child Marriage Act (PCMA) of 2006, which was introduced by the Indian Government with the main aim of prohibiting child marriages of underage girls and boys. This Act includes various measures to make child marriage illegal and to protect the rights of the victims while punishing those who encourage, conduct, and facilitate such marriages. According to this act, men should be at least 21 years old, and women must have attained the age of 18 before getting married. Any marriage that involves individuals below the mentioned ages is considered child marriage and is punishable by law. Section 3 of the PCMA states that a marriage can be annulled if one of the parties at the time is a minor. Also, Section 5 of this act specifies that children born from such marriages before the termination of their marriage shall be considered legitimate children. Section 10 of the PCMA deals with the punishment for this crime. A fine of up to 1 lakh rupees and rigorous imprisonment of 2 years would be imposed on those who abet, conduct, perform, or direct a child marriage. Similar punishments would be given to those individuals who promote child marriages, attend such marriages, allow them to be solemnised, or choose to ignore them. - Right to dignity and decency: The law recognises a woman’s dignity and decency and protects them as well. If any person tries to violate a woman’s modesty or commits offences like sexual harassment, assault to disrobe, outraging modesty, or stalking, they can be criminally charged for it. A woman who herself has committed an offence or has been accused of an offence while being arrested should be treated with dignity and decency. Her arrest and search should be conducted by a female police officer, and her medical examination should be carried out by a female medical practitioner under the supervision of a female officer. In cases that involve rape, if possible, the First Information Report (FIR) should be registered by a female officer for the comfort of the victim. Moreover, a woman cannot be arrested after sunset or before sunrise unless there is special permission from the magistrate to do so. These provisions make sure that women are protected and are treated fairly and with dignity during legal procedures. - Women Right against Domestic Violence: Every woman has the right to be protected against domestic violence, thanks to the Protection of Women from Domestic Violence Act enacted in 2005. Domestic violence can be defined as physical, mental, sexual, economic, and any form of abuse perpetrated by your partner, husband, his relatives, or any person who is related to you by blood. It also includes those individuals who live with you or have lived with you in the same household. Any daughter, wife, mother, or woman can seek remedies provided by this act. By registering or contacting the women’s helpline at “1091,” your case would be reported to the police. Victims of this crime can also approach the women’s cell in their locality to complain against the perpetrator. Furthermore, the Indian Penal Code protects women facing domestic violence under Section 498A, which allows for the punishment of the husband or his relatives with imprisonment of up to 3 years and a fine.

Contact Us and avail the best assignment help for students available online! - Women Rights at the Workplace: A woman has several rights with regards to her workplace. One of them having the right to a women’s toilet. Moreover, if an organisation has more than 30 women workers, that organisation must provide facilities for the care and feeding of children. In the case of Vishakha and others v. State of Rajasthan, the Supreme Court of India laid down guidelines for the protection of women in workplaces. Following this, in 2013, the Parliament passed and enacted the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act of 2013. If anyone at your workplace asks you for sexual favours, makes sexually coloured remarks, whistles or sings obscene songs while looking at you, touches you inappropriately, or shows pornography, it constitutes sexual harassment. In such cases, you can file a complaint with the Internal Complaints Committee, which should be established by the employer at each office or branch with 10 or more employees. The District Officer is also required to establish a Local Complaints Committee in each district and, if necessary, at the block level. Furthermore, the Indian Penal Code (IPC) penalises sexual harassment under Section 354A, which carries an imprisonment term of 1 to 3 years. - Right to Equal Pay: The laws in India are gender-neutral. Therefore, as per the Equal Remuneration Act, a male and a female are entitled to the same pay for the same work. It ensures that there is no discrimination based on gender and that the workers are getting equal remuneration for work of similar nature. This also includes the recruitment and service conditions a worker is put through. - Women Right against Dowry: The practice of the dowry system, which involves giving or accepting dowry by the bride, groom, or their parents before, during, or after the marriage, is strictly prohibited and penalized by the Dowry Prohibition Act of 1961. According to the Act, "dowry" is defined as any property or valuable security given or agreed to be given directly or indirectly from one party to the other. However, it does not include dower or mahr, which are specific to individuals governed by Muslim personal law (Shariat). Engaging in the act of giving, taking, or assisting in the exchange of dowry is considered a punishable offense. The Dowry Prohibition Act stipulates a minimum imprisonment of 5 years and a minimum fine of Rs. 15,000 for individuals found guilty of such actions. - Right to Maintenance: Maintenance covers essential needs like food, shelter, healthcare, etc. A woman is entitled to receive maintenance even after divorce from her husband until she gets married. The amount that the husband has to pay is based on several factors, such as the wife’s standard of living, his income, and their circumstances. Under Section 125 of the Code of Criminal Procedure, 1973, an obligation is imposed on the husband to provide maintenance to his divorced wife until and unless the wife has engaged in adultery, refuses to live with him, or they have agreed mutually to separate. This section allows women, regardless of their caste and religion, to receive maintenance. - Right to Free Legal Aid: In India, under the Legal Services Authorities Act of 1987, a woman is entitled to receive free legal aid. If a woman is in trouble and needs legal help, she has the right approach to this authority. The Legal Service Authority is at the district, state, and national levels, and these institutions help in assisting in cases or other legal procedures.

Conclusion

The Indian Legal System has a multitude of laws under it for the protection of women from various crimes as well as protecting their rights. These eight laws are some of the most important ones that every woman should be aware of. Only if you are aware of your rights can you fight any injustice that has been committed against you, whether it takes place online, in public, at the workplace, or even at home.

List of References

Laws Related to Women, National Commission for Women, available at: http://ncw.nic.in/important-links/List-of-Laws-Related-to-Women Yukta Joshi, Eight most important rights every Indian woman should know about, iPleaders Blog, 29 January 2021, available at: https://blog.ipleaders.in/eight-important-rights-every-indian-woman-know/ Tanvi Dubey, Know your Rights: 10 Laws that protect women and their Rights, Your Story, 25 June 2016, available at: https://yourstory.com/2016/06/laws-that-protect-women-rights Read the full article

[legalupanishad]

Women Rights in India: Empower Women with Legal Awareness

This article on ‘Women Rights in India: Empower Women with Legal Awareness’ was written by Toya Sen, an intern at Legal Upanishad. Introduction Women in today’s India are independent, have successful careers, and excel in all fields of life, but crimes against women occur daily. Though her social standing has immensely improved, discrimination against females in the country is still at an…

View On WordPress