General Tips for attempting CLAT

By Jhalak Nandwani, Gujarat National Law University, Gandhinagar.

It is not enough to aim, you must hit.” -ITALIAN PROVERB

Many young minds aim to score well in the Common Law Admission Test and get an admission in one of the top ranked National Law Universities of our Country. However, merely aiming isn’t enough. What will help you achieve your goal is your hard work and zest that will surely help you to stand out from the rest. (more…)

Exceptions to Principles of Natural Justice: Part III

By Adv. Shriya Maini.

First Part of this Series, can be accessed here.

Second Part of this Series, can be accessed here.

  • Exclusion in cases of legislative action: “Doctrine of Parliamentary Supremacy”

Another distinct exception to the otherwise mandatory application of Principles of Natural Justice is that of Legislative action. An interesting query arises here- what is a “Legislative Action” exactly? Professor M.P. Jain defines the same by stating it to be an order of general nature, not one applying to a person or few specified persons. Whether plenary or subordinate, he believes it is not subject to the rules of Natural Justice because these rules lay down a policy without reference to a particular individual. On similar lines, application of Principles of Natural Justice may also be excluded by a provision of the Constitution. In other words, the legislative action of the Legislature leads to the creation of an Act or Statute, while that of an Executive Action leads to the birth of Delegated Legislation. However, both may be exempt from the necessary and obligatory compliance of Principles of Natural Justice. A concept borrowed from the English Courts, J. Meagry in Bates v. Hailsham held that “There is no implied right to be heard in a Legislative Process”. The Constitution of India as a matter of policy excluded the Principles of Natural Justice in Articles 22, 3I(A), (B), (C) and 3II(2). (more…)

LexQuest’s Online Certificate Course on Research Methodology

LexQuest is pleased to bring to you the first of its kind, Online Certificate Course on Research Methodology, which aims to make the student community, the professionals and the general public aware and well versed with the varied methods of Research, in the most comprehensible manner. Research is ubiquitous and an essential feature for disciplines such as law, public policy, language, literature, history and sociology, to name a few. Whatever might be the subject, research has to be an active, diligent and systematic process of inquiry in order to discover, interpret or revise facts, events, behaviours and theories. This course is designed to introduce the candidates to the concepts of Research Methodology, in the period of two months, thereby easing them into the process of Academic and Non-Academic Writing. (more…)

Special Category Status under the Indian Constitution: Emerging Thorns from a Murky Past

By Pranav Vaidya, Hidayatullah National Law University, Raipur.

After sustaining under centuries of British rule, when India took its first breath as a free democratic and secular republic, by ratifying a written Constitution in 1950, it was in a state of turmoil, as the British Rule on India virtually halted the political and economic development of the Country. The corresponding social, political, and geographical inequities gave rise to differences between individuals. It was realized that, “in order to preserve the integrity and unity of such a vast territory comprising of different and varied cultures, languages and religions, we need to adopt measures to grant additional protection to these regions and communities living therein, under the Constitution of India”. Controversy arose immediately after the independence of the Country, when princely states like Jammu & Kashmir weren’t ready to become a part of the Union of States of India, as these States were majorly populated by Muslims. Conclusively, the efforts of the government were successful when the negotiations tuned in with the King of J&K, thereby granting the “Special Category Status” to Jammu & Kashmir under Part XXI of the Constitution of India Act, 1950. (more…)

Exceptions to Principles of Natural Justice: Part II

By Adv. Shriya Maini.

First Part of this Series, can be accessed here.

  • Exclusion in Emergency: Hurry versus Hearing

Whether it is for public safety, public interest, public health or public morality- the action, preventive or remedial, that is needed, is the requirement of notice and where a hearing may be obviated, would be exceptional cases of Emergency. The reasoning here is that a plausible hearing could delay the Administrative Action, thereby defeating the very purpose for which it was constituted. But if the right to be heard was to paralyze the process, the law would inevitably exclude it. Hence, if to condemn unheard is wrong, it is wrong except where it is overborne by dire social necessity. Therefore, examples such as where a dangerous building is to be demolished, or a company has to be wound up to save depositors, or there is imminent danger to peace, or a trade dangerous to society is to be prohibited, dire social necessity requires exclusion of the elaborate process of fair hearing. In the same manner, where power theft was detected by officials, immediate disconnection of supply was said to be non-violative of the Principles of Natural Justice. (more…)

Article 324(2): The Legal Tug of War?

By Anmol Kaur Bawa, Symbiosis Law College, Pune.

Anoop Baranwal v. Union of India, Ministry of Law and Justice Secretary (Writ Petitions Civil Case no. 104/2015), is the recent PIL case, filed in the Supreme Court, which has managed to sprout a new series of debate between the Judiciary and other wings of the Government. The debacle intends to put Article 324(2) of the Constitution under critical review. The petitioner in a writ, has brought to light the question of implementation of Article 324(2), which states: (more…)

Reshaping Education: The BRICS Way

By Sandeep G., SASTRA Deemed University, Thanjavur.

GDP is the indicator of the economic strength of every Country. Presently, all nations compete with each other to increase their economic strength, by domestically formulating highly feasible economic policies and entering into treaties with various other nations. However, an encounter against the prevalent illiteracy rate in India has, since time immemorial, been the need of the hour. Sustainable Development is essential to strengthen the interdependence among the nations. Every Country has been categorized as developed, developing or underdeveloped, depending on its economic strength in the world. The fact that education is a major contributor to a nation’s growth in terms of everything, is undeniable. (more…)

Of Law and Policy…

By Tanya Chandra, Founder, LexQuest Foundation.

At LexQuest, we have come to believe that thus far, our most well received articles are the ones which are purely legal in nature, and delve deeper into various facets of a certain aspect of law alone. Now, we know fully well that the dearth of good legal literature has always been an issue. So, if our law centric pieces serve as the means to make this landscape even slightly better, through the much needed ingenuity of a legal write-up, we are glad to be of use.

However, when it comes to the law and policy interface, where we set out to spread awareness in the space of policy implications of a law and/or vice versa, people aren’t too enthusiastic about this knowledge base.I believe that the interface between law and policy is something we all often misconstrue or only understand in fractional terms. However, if we dig a little deeper, as a matter of fact, any policy can only come to fruition, when laws are in place for the same. Therefore it’s not that “good policy” alone can define the interlink between law and policy, because our most effective policies along with the most ill-conceived ones, originate only through our laws. (Think DBT Schemes vis-a-vis the idea of Welfare State, think Aadhar vis-a-vis Right to Privacy, think Swachha Bharat vis-a-vis Right to Life, think Social Security Schemes vis-a-vis the Preamble, et al.).

I wonder, if and when the aforementioned occurs as the most obvious fact and/or revelation to one and all, why the ignorance and apathy towards making room for this interface? Which section of our people is duty bound to understand, analyse and question the policies that serve as a crucial medium for us to assess the legislators’ intentions and abilities? Do the Legal Professionals deem such information invaluable as they don’t often need it at work? Does our reluctance spring from the belief that such interface is the breeding ground for mud-slinging and hence an utter waste of time?

Either way I think we are selling ourselves short here. If you believe that dwelling upon this space for any longer than what can afford you a Social Media comment/like, is unnecessary, I would say let’s rewind and play. Probably your Sixth grade Civics book amazed you a bit more than that, when you were told for the first time (out and about by your teacher) that India is the largest democracy in the world and that our Republic’s reputation for “free and fair” elections is a case study for many.

May be remembering that gawky eyed child, could reinvigorate the adult in you so, that the next time you want to shrug off a well intended piece of writing in the domain of law and policy, you would instead find a reason to pause and ponder. Because, even as the vox populi turns questionable, voices need not vanish.

(more…)

Prison Reforms: Constant Deliberations Short of Actions

By Devansh Saraswat, Gujarat National Law University, Gandhinagar.

“Punishment is not for revenge, but to lessen crime and reform the criminal.” –Elizabeth Fry

John Locke believed that men are fundamentally good but laws are still required to keep down ‘the few desperate men in society’ and thus arises the need for prisons. A prison is a legally authorised place, where offenders are kept with a view to punish them for their guilty deeds, to reform them or to ostracize them altogether. Detainment facilities ought to be such compelling establishments that totally change a criminal into a well behaved native, who is sufficiently competent to manage himself after his discharge and begin another aware life. A jail should fulfil its need of being a remedial establishment, rather than merely being accredited as a place to confine detainees. (more…)

A New Era for the Supreme Court Proceedings?

By Jhalak Nandwani, Gujarat National Law University, Gandhinagar.

We all have watched the live streaming of sessions of the Parliament on Lok Sabha and Rajya Sabha TV since the past 10 years. It has brought awareness amongst the common people about the functioning of Parliament, all State Assemblies and of our elected representatives as well. But have you ever thought about getting to see live streaming of Supreme Court proceedings? (more…)