...the largest democratic countries in the world, both United States and India are based on federalism in their political structure. US became a Federal Republic State by promulgating its constitution in the year1789; whereas India became a Socialist, Sovereign, Secular, Democratic Republic by formally launching its constitution only in the year 1950.Thereby both countries had attained dominion status in which a number of smaller states had got affiliated forming a union with a strong central government that came to be called as Federal Government in the US and Central Government in India. Thus both states became Federal Republics. While framing the Indian constitution, its drafting committee headed by Dr.Ambedkar, had borrowed many salient features from various constitutions in the world including US but adopted them in the Indian context. Hence, both U.S and India, despite being federal in structure have many similarities and differences between them. Similarities between US and India:- 1) Written constitution:- Both US and India have a written constitution based on which the federal political structure has been set up and both federal governments are functioning.Both constitutions have provisions for amending the constitution to meet the growing socio, political and economic needs and demands of their respective countries. 2) Bill of Rights and Fundamental Rights:- The US constitution has ensured the fundamental rights of its citizens like right to equality...
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...emphasis on rights approach also endorses this view. Commitments under the CRC have made it obligatory that provision of appropriate legislations is made for realization of rights articulated in the CRC. In India there are a set of legislations that have been enacted from time to time to protect the interests and rights of children. Primary amongst these are: •1890The Guardian and Wards Act •1929The Child Marriage Restraint Act (Amended in 1979) •1948The Factories Act (Amended in 1979) •1956Hindu Adoption and Maintenance Act •1958Probation of Offenders Act •1960The Orphanage and Other Charitable Homes (Supervision &Control) Act •1971Medical Termination of Pregnancy Act•1986Juvenile Justice Act (Amended in 2000) •1986 Immoral Traffic Prevention Act. •1986The Child Labour (Prohibition and Regulations Act) •1994The Pre-natal Diagnostic Technique (Regulation, Prevention and Misuse) Act •1996 The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act. However, the adequacy of these laws for protection of children is questionable and the enforcement of these is impoverished. It is unfortunate that ideals and norms set forth in our Constitution, laws, regulations and policies have not been completely implemented. If effective...
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...“Amendment of Bangladesh Constitution and Basic Structure Doctrine” 25. Nov, 2010 Introduction: The Constitution of Bangladesh is the highest ruling of Bangladesh. It represents Bangladesh as a democratic republic nation where all the power is in the hands of Bangladeshi people[1] and characterizes basic political principles of the state and stands for the fundamental rights of citizens. It was approved by the Assembly of Bangladesh on November 4, 1972; it was exercised from December 16, 1972. The constitution stands as the most powerful evidence to state Bangladesh as a unitary, independent and Republic, founded on a struggle for national liberation, and that is how we achieve the People’s Republic of Bangladesh. It lays a strong foundation of nationalism, secularity, democracy and socialism as the essential ethics that stands for the Republic and declares the quest of a society that gives its citizens- the rule of law, fundamental civil rights and independence as well as fairness and evenhandedness, political, economic and social. The Constitution of Bangladesh was written by international personals and other experienced people. However, amendments during socialist one party and military rule in Bangladesh drastically changed the material and moderate democratic character of the constitution. In August, 2005, the Bangladesh High Court approved a pointer finding that states constitutional amendments in military ruling as unlawful and also unconstitutional, so completely invalid...
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...To Corrupt, and Absolute Power Corrupts Absolutely" -John Acton India is the largest functional democracy in the world, and the Constitution of India is unique in each and every way. The Constitution of India is a mammoth piece of document; in fact the Indian Constitution is the longest in the world. As of now is has 441 Articles and 12 Schedules. It is probably the longest of the organic laws now extant in the world. The Constitution of India confers upon India the status of Sovereign Socialist Secular Democratic Republic. It allows us to elect our representatives and to form a government to makes laws and enforce them. The Constitution of India guarantees to the people certain basic human rights and freedoms, such as, equal protection of laws, freedom of speech and expression, freedom of worship and religion, freedom of assembly and association, freedom to move freely and to reside and settle anywhere in India, freedom to follow any occupation, trade or business, freedom of person, freedom against double jeopardy and against ex post facto laws. These rights are knows as Fundamental Rights and are envisaged in Part III of the Constitution of India. A person can claim Fundamental Rights against the state subject to the state imposing some permissible restrictions in the interest of social control. The grounds for imposing these restrictions on Fundamental Rights are expressly mentioned in the Constitution itself and, therefore, these rights can be abridged only to the extent...
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...modern state the need for a legal centralism is required. The dominant legal model of the uniform legal system brings out the modern State and the attitude of the people. India is one of the many countries in which the uniform legal system has gained such momentum maybe not in implementation but has gained much interest in a heated political debate. Article 44 of the Constitution of India, 1950 has anticipated the eventual implementation of the uniform legal system. Article 44 in the constitution of 1950, reads, “Uniform Civil Code for the citizens of India- the State shall endeavor to secure for the citizens a uniform civil code throughout the territory of India.” But the much anticipated eventuality has been a distant dream since the past 60 years. India is known for its socio-economic diversities and inequalities. India is one of the most diverse democracies of the world. India’s secularism which is enshrined in the preamble of the constitution is not an anti-religious policy but outlook to frame the country into one entity. India’s pluralism is linked with how the Hindu culture has never been mono-cultural or monotheistic. India’s democracy also aims at providing all citizens equal rights; this premise is based on treating equals equally. There are many shifting agendas in the personal laws in India. People’s outlook towards bigamy , triple talaq, polygamy , absence of coparcenary rights for women under Hindu undivided family, etc. have received much condemnation in the...
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...Commonwealth and ex-Commonwealth nations upon being granted responsible government, beginning with the first of the Canadian provinces in 1848 and the six Australian colonies between 1855 and 1890. However some former colonies (e.g. Nigeria) have adopted the presidential system as their form of government. The Houses of Parliament are situated within the Palace of Westminster, in London. Contents 1 Characteristics 2 Operation 3 Role of the head of state 4 Cabinet government 5 Bicameral and unicameral parliaments 6 Criticisms 7 Ceremonies 8 Current countries 9 Former countries 10 See also 11 Notes 12 Bibliography 13 External links Characteristics A Westminster system of government may include some of the following features: a sovereign or head of state who functions as the nominal or legal and constitutional holder of executive power, and holds numerous reserve powers, but whose daily duties mainly consist of performing ceremonial functions. Examples include Queen Elizabeth II, the Governors-General in Commonwealth realms, or the presidents of many countries and state/provincial governors in republican federal systems. a head of government (or head of the executive), known as the prime minister (PM), premier or first http://en.wikipedia.org/wiki/Westminster_system 1/11 1/19/2015 Westminster system - Wikipedia,...
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...geo climatic conditions ranging from plains, hills, inaccessible areas. Indian constitution refers schedule tribes as those communities in accordance with Article 342 of the constitution. Article 342 gives specification of tribes or tribal communities or parts of or groups within tribes or tribal communities. List of schedule tribes are notified for each state or Union territory and are valid only within the jurisdiction of that state or Union territory and not outside. Tribal groups are at different stages of social economic and...
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...------------------------------------------------- Top of Form Bottom of Form A Guide to India’s Legal Research and Legal System By Dr. Rakesh Kumar Srivastava Dr. R.K. Shrivastava is presently Chief Librarian at the Supreme Court of India, New Delhi. He has more than twenty-four years of experience in the field of law librarianship in India. He has a degree in Law, a Postgraduate degree in Library & Information Science and a Doctorate degree in Library & Information Science. He has been a guest faculty member in many institutions, an academic counsellor of Indira Gandhi National Open University (IGNOU) and the Rajarishi Tandon Open University, Allahabad. He has been an Honorary Principal of School of Law of Library Science, Lucknow for more than 15 years. He is a member of many professional bodies, including his service as the General Secretary of the U.P. Library Association and the Vice-President of the Indian Library Association. Due to his work in the field of law librarianship, he has been awarded by the U.P. Government. He is presently a member of the Academic Council, Hidayatullah National Law University, Raipur. He recently delivered lectures on legal research methodology in National Judicial Academy, Bhopal and Karnataka Judicial Academy, Bangalore, Academic Staff College, Jamia Milia Univesity and in Ranganathan Research Circle, New Delhi. He has published more than fifty papers on various aspects of library and information science and law...
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...THE COMPANIES ACT, 1956 DEFINITION AND NATURE OF A COMPANY Learning Objectives At the end of this chapter, you will be able to • Identify the meaning and nature of a company • Identify the important characteristics of a company Introduction Today, we will begin with the Companies Act that was passed in 1956. In the lecture of today we will discuss the meaning and nature of a company. Do you know what do we mean by company? In simple words, a company can be defined as a group of persons associated together for the purpose of carrying on a business, with a view to earn profits. The word ‘Company’ is an amalgamation of the Latin word ‘Com’ meaning “with or together” and ‘Pains’ meaning “bread”. Thus, a company is nothing but a group of persons who have come together or who have contributed money for some common person and who have incorporated themselves into a distinct legal entity in the form of a company for that purpose. Section 3(1)(i) of the Act provides that, “a company means a company formed and registered under this Act or an existing company.” Section 3(1)(ii) lays down that, “ An existing company means a company formed and registered under any of the previous companies laws specified below.” (a) any Act or Acts relating to companies in force before the Indian Companies Act, 1866 (10 of 1886), and repealed by that Act; (b) The Indian Companies Act, 1866 (10 of 1866); (c) The Indian Companies Act, 1882 (6 of 1882); (d) The Indian Companies Act, 1913...
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...India, or Bharat, the fifth largest and the second populated country in the world, is one of the few countries which can boast of an ancient, deep-rooted and diverse culture, which stretches back to 5000 years. In ancient times, India was known as 'Bharata Varsha', the country of the legendary king of Puranic times called Bharat, and was believed to be a part of the island continent called 'Jambu Dvipa'. Geologically speaking, India formed part of the Gondwana land and was attached to Antarctica and Australia, before it was liberated from the Antarctica complex about 135 million years ago and started drifting towards the north and finally joining South Asia about 45 million years ago. The Siwalik foothills of the north-western Himalayas served as home to the fossil primate genus known as Ramapithecus, which lived some 14 million years ago. Researches have also found that a species resembling the Australopithecus lived in India some 2 million years ago. Some anthropologists believe that the Chotanagpur region witnessed the transformation of Homo Erectus to Homo Sapiens. This claim is based on the findings of hand axes and blades in the region of Pathalgarwa and the discovery of Harappan pottery in the nearby areas. Early Civilisations Extensive archaeological excavations carried out at Mohenjodaro in the present Pakistan in 1922 brought to light the existence of a highly sophisticated and urbanized culture known as the Harappan Civilization in India, which dominated the north-western...
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...19.1 Introduction India is one of the developing nations of the modern world. It has become an independent country, a republic, more than a half century ago. During this period the country has been engaged in efforts to attain development and growth in various areas such as building infrastructure, production of food grains, science and technology and spread of education. The life expectancy has increased and many diseases have been controlled. However, there are many areas in which Indian society is experiencing a variety of problems. Some of these problems have their roots in our colonial past while others are related to demographic changes, socio-political conditions and cultural processes. This lesson tries to acquaint you with some of the problems and the psychological factors involved in them. You will learn about some of the possible ways in which psychological interventions can help in dealing with the problems. 19.2 Objectives After reading this lesson you will be able to: explain social problems such as poverty, gender discrimination and social tension; state the causes of these problems; suggest some interventions for dealing with these problems. 19.3 Poverty A large section of the Indian society is suffering from poverty. Poverty is a phenomenon Social Problem :: 201 which is objective as well a subjective. Objectively poverty implies a dehumanizing condition in which people are unable to look after the basic needs. Subjectively poverty stands for perceived...
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...Chapter 1 The Legal Environment Answers to Learning Objectives/ For Review Questions at the Beginning and THE END OF THE CHAPTER NOTE THAT YOUR STUDENTS CAN FIND THE ANSWERS TO THE EVEN-NUMBERED FOR REVIEW QUESTIONS ON THIS TEXT’S WEB SITE AT WWW.CENGAGE.COM/BLAW/BLT. WE REPEAT THESE ANSWERS HERE AS A CONVENIENCE TO YOU. 1A Sources of Law Primary sources of law are sources that establish the law. In the United States, these include the U.S. Constitution and the state constitutions, statues passed by Congress and the state legislatures, regulations created by administrative agencies, and court decisions, or case law. 2A COMMON LAW TRADITION Because of our colonial heritage, much of American law is based on the English legal system. In that system, after the Norman conquest, the king’s courts sought to establish a uniform set of rules for the entire country. What evolved in these courts was the common law—a body of general legal principles that applied throughout the entire English realm. Courts developed the common law rules from the principles underlying judges’ decisions in actual legal controversies. 3A Precedent Judges attempt to be consistent, and when possible, they base their decisions on the principles suggested by earlier cases. They seek to decide similar cases in a similar way and consider new cases with care, because they know that their conflicting decisions make new law. Each interpretation becomes part of the law on the subject and...
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...“At the stroke of the midnight hour, when the world sleeps, India will awake to life and freedom. A moment comes, which comes but rarely in history, when we step out from the old to the new, when an age ends, and when the soul of a nation, long suppressed, finds utterance…”1 When the First Prime Minister of India, Pt. Jawaharlal Nehru, gave his speech, he must have been prepared with the various post-independence hurdles, the infant democracy would have to undergo. Certainly, India, exemplifies the phrase, ‘Unity in Diversity.’ It is thus, astonishing to see a country with innumerable divisions and differences, managed to stay united for the 65 years of independence it has seen. Post independence the main motive of the Indian Government was to ensure that the Indo-Pak partition incident isn’t repeated.2 as many as 136 small and large states were acceded to the Indian Union. The states were reintegrated soon to form the Union. However, people in various states have been from the time of independence, till date, extremely vocal of territorial autonomy and political independence. One such demand relates to the demand of ‘Reorganization of states’3 ethnic differences, and economical differences. This movement, thus led to what we see today, ‘The Union of India’, with 28 states and 7 Union territories. On the eve of independence on the basis of language, Pandit Jawaharlal Nehru’s speech, at the time of Independence...
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...India's New Constitutionalism: Two Cases That Have Reshaped Indian Law, 31 B.C. Int'l & Comp. L. Rev. 257 (2008), http://lawdigitalcommons.bc.edu/iclr/vol31/iss2/4 This Notes is brought to you for free and open access by the Law Journals at Digital Commons @ Boston College Law School. It has been accepted for inclusion in Boston College International and Comparative Law Review by an authorized administrator of Digital Commons @ Boston College Law School. For more information, please contact nick.szydlowski@bc.edu. INDIA’S NEW CONSTITUTIONALISM: TWO CASES THAT HAVE RESHAPED INDIAN LAW Milan Dalal* Abstract: As a nation of over one billion people and the world’s largest democracy, India is sometimes confronted with situations in which its democratic institutions clash. Under the Indian Constitution, legislation concerning land reform is placed in a special category designed to immunize it from judicial scrutiny. This scheme, known as the Ninth Schedule, has been abused by legislators seeking electoral benefit. Simultaneously, the country has been rocked by a series of public corruption scandals. As Parliament has sought to clean up its image by expelling disgraced members, its actions have been challenged as unconstitutional, leading to a constitutional showdown between the legislative and judicial branches. This Note analyzes two seminal decisions of the Indian Supreme Court, handed down in January 2007, which have the potential to transform Indian law by declaring the court...
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...the outside world. A well educated man is a more dependable worker, a better citizen, a centre of wholesome influence, pride to his community and honour to his country. A nation is great only in proportion of its advancement in education. Over the years, the demand for children’s education has grown by leaps and bounds. Everybody from the poorest of the poor to the well off acknowledges the value of education in the overall development of children. Basically, the object of education is threefold i.e. physical, mental and spiritual. A perfect system of education must do full justice to all those three above. If we take a look at the Education Structure existing in India, we would find that, it is divided broadly in five stages: Pre-primary, Primary, Upper Primary, Secondary and Higher Secondary. Schooling in India follows the “10+2 pattern”. Moreover, if we take into consideration the Indian Education Scenario, we would find that, in the post-independence period, the pace of educational development has been unprecedented by any standards. The Govt. was committed to ensuring universal elementary education (primary and upper primary) education for all children aged 6-14 years of age through its flagship programme, Sarva Shiksha Abhikyan (SSA). It is assumed that, the chief aim of such an education must have been just to fit one to earn a living. It is called “Bread and Butter” system of education, as well. With the above situation and concept...
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