St Xavier’s Case: A Critical Analysis

“The Constitution has been reared for immortality, if the work of man may justly aspire to such a title. It may, nevertheless, perish in an hour by the folly, or corruption, or negligence of its only keepers, The People.”

-Joseph story

The whole debate in the Constituent Assembly on Article 23 of the Draft Constitution which later assumed the shape of the present Article 29 and 30, revolve round this issue: what rights could or should be conceded to minorities? Indian constitution draftsman believed that in order to be a welfare state various fundamental rights should be endowed to citizens as to develop a sense of equality and unity and right to education is the best developer of these principles. (more…)

Comparative Advertising–A Necessary Evil

Comparative advertising is a promotional technique in which an advertiser claims the superiority of its product over competing product(s) by direct or indirect comparison. Comparative advertising is defined as advertising that compares alternative brands on objectively measurable attributes or price, and identifies the alternative brand by name, illustration or other distinctive information. (more…)

National Judicial Appointments Commission: A Study in Effectiveness

By Rajashree Aryabala Tripathy, KIIT Law School, Bhubaneswar.

Article 124(2) states, whenever there is a proposal for appointment of the Supreme Court Judges, it will be done by the President of India in consultation with other Judges of the Supreme Court. But time has changed and the judiciary, executive and legislature have to take steps according to the need of the society. The rate of corruption and adulteration in all departments is increasing day by day. We need a strong judiciary for our country. It is now proposed that a new Commission will be formed for appointment of judges to higher posts, which will be named as the “National Judicial Appointments Commission” (NJAC). For this reason, a Bill has been drafted, which contains the constitution, regulation, function and role of that C omission. The main aim of this Bill is to bring transparency in the selection process, along with an accountable government. (more…)

Corporate Social Responsibility: An Analysis

By Sibani Panda, KIIT Law School, Bhubaneswar.

“Without a sense of caring, there can be no sense of community”

In the recent years, increasing attention has been given to the concept of corporate social responsibility. The corporate social responsibility is an evolving concept and it does not have a universally accepted definition, so it generally refers to the transparent business practices that are based on ethical values, compliance with legal requirements, and respect for people, communities, and the environment. Thus, beyond making profits, companies are responsible for the totality of their impact on people and the planet.[1] Corporate Social Responsibility (CSR), can be described as, the continuous commitment by corporations towards the economic and social development of communities in which they operate. Good corporate governance is a part and parcel of a corporate responsibility towards the society. (more…)

Uniform Civil Code: Towards Gender Justice

By Dishari Chakrabarti, School of Law, KIIT University.

Politics of our nation has become so ingrained in pacification with specific sections of the society that our fundamental right of free speech and expression cannot be protected by the State. As a consequence of this appeasement the level of tolerance has reduced and which resulted in complete disregard for the law of the country. (more…)

Should Juvenile Justice Law be changed?

By Madhvi Chopra, VIPS, GGSIPU, New Delhi.

A “juvenile” means a person who has not completed eighteen years of age. A boy or girl under eighteen years of age is a “juvenile” according to the Juvenile Justice Act (JJA), 2000.

Earlier, according to the JJA, 1986, the age of boys and girls were different, but however, the JJA 2000 which repealed the JJA, 1986, brought the age of male juveniles at par with the female juveniles. Another reason for increasing the age of male juveniles by the JJA 2000 is to bring the Indian juvenile legislation into conformity with the ‘United Nation’s Convention on the Rights of the Child (CRC)’. Article 1 of CRC states for the purposes of the present Convention, a child means every human being below the age of eighteen years unless under the law applicable to the child, majority is attained earlier. Therefore, both the boys and girls below the age of eighteen years enjoy the protection of juvenile legislation. (more…)

Dual Citizenship in India: Advantages

By Stuti Saxena, IGNOU, Delhi.

Citizenship in India is administered under the statutory provisions of the Citizenship Act, 1955, which has been amended from time to time. Further to this, Indian Constitution also enshrines the tenets of Citizenship in its Part II. India follows the system of single citizenship. As per Indian nationality law, jus sanguinis (citizenship by right of blood) in contrast with jus soli (citizenship by right of birth within the territory) is the norm. (more…)

LGBT Rights in India

By Nikhil Nair, VIPS, New Delhi.

LGBT is a common term used to describe people who are Lesbians, Gay, Bisexuals and Transgender. The ambit of LGBT also sometimes widens up to include non-heterosexuals. A large population in India is homophobic. Being a part of the LGBT community is considered to be a sin for them. People belonging to such communities are considered as outcastes and outlaws by some. This majorly has to do with the mindset of the majority Indian population who consider sexual activities within the same sex as against the law of nature. (more…)

Decriminalisation of Suicide

By Riya Singh, New Law College, BVP, Pune.

Suicide has been declared as a crime in many countries. Most of the western countries have already decriminalised individual suicides, calling it a defiant act. Hence, it is discouraged in every possible way. In countries like Rome and Japan it was seen as a kind of defiant act that violates the personal freedom. A person who commits suicide is not within the reach of law; the problem arises in matters like corpse of the person, distribution of his property. His family members have to suffer a lot. This matter has been covered by legislation of some countries. (more…)

Belief versus Knowledge

“I think that anyone who has taken the trouble to examine his, or her, own mind in regard to their worldly knowledge on any matter, will agree that this knowledge is entirely based on experience, but when we turn our attention to religion we immediately feel either that actual knowledge is lacking or that it is confined to certain instances of an entirely different nature…”

It has been written that “In all the world there are only two kinds of people – those who know, and those who do not know;and this knowledge is the thing which matters.” However sweeping this statement may appear it is little short of truth from the stand point of Religion in its real sense. (more…)