DR ANUPAM KUMAR MISHRA

  Human Rights Violation  Human rights violation is a violation of basic rights of a person which the all human legally have. Like the freedom of thought and movement which all human legally have. The Human Rights are the certain moral principle or right to a standard behavior and protected by law. The human rights are applicable everywhere and we also called are they are universal. The United Nations is the only multilateral government agency with universally accepted international jurisdiction. In United Nations there are various committees to deal with different kind of human right treaties.  In India the major Human Right violation which is performed from the ancient time is the discrimination is based on the caste eventually there is prohibition of this type of activities in Indian constitution but it is been performed in India. The person who is belonging from the particularly community is not being allowed the basic legal rights like they didn’t have a basic right ...

  Preamble of the Indian Constitution The preamble of the Constitution of India is an introduction of the Constitution which includes the sets of rules and regulations to guide the people of the country. The inspiration and the motto of the citizens are explained in it. The preamble can be considered as the beginning of the Constitution which highlights the base of the Constitution.  The Preamble of the Indian Constitution is primarily based on the ‘Objective Resolution’ written by Jawaharlal Nehru. He introduced his objective resolution on December 13, 1946, later it was accepted by the Constituent Assembly on 22 January 1947. The preamble can also be called the soul of the constitution as it has everything about the constitution. It was adopted on 26th November 1949 and it was started from 26th January 1950 also known as the Republic Day.  Components of Preamble of the Indian Constitution The components of the preamble are: The preamble shows that the people of India ar...

  Article 19 (1) of the Indian Constitution Article 19 (1) of the Indian Constitution says that All citizens shall have the right  a) to freedom of speech and expression;  b) to assemble peaceably and without arms;  c) to form associations or unions;  d) to move freely throughout the territory of India;  e) to reside and settle in any part of the territory of India;  f) to practice any profession, or to carry on any occupation, trade or business  Article 19(1) (a) of the Constitution of India states that, all citizens shall have the right to freedom of The philosophy behind this Article lies in the Preamble of the Constitution, where a solemn resolve is made to secure to all its citizen, liberty of thought and expression. The Right of freedom of Speech and Expression implies that every citizen has the rights to express his views, opinions, belief, and convictions freely by mouth, writing, printing or through any other methods. The exercise of this...

  Article 21 of the Indian constitution   Article 21 of the Indian constitution says that “ no person shall be deprived of his life or personal liberty except according to the procedure established by the law “. This right guaranteed in article 21 is available to both citizens and non- citizens .  Meaning and scope of personal liberty- The meaning of personal liberty can be studied under two parts-  1- Prior to Maneka Gandhi’s decision- The word personal liberty under article 21 if interpreted widely are capable of including the the rights mentioned in article 19 , but in GOPALAN v. state of Madras , the SC took a very literal view and interpreted these words very narrowly . ‘Personal liberty’ was said to mean only liberty relating to,or concerning the person or body of the individual and in this sense it was antithesis of physical restraint or coercion .  2- Meaning and scope of personal liberty after Maneka Gandhi’s decision – The restrictive interpretation of...

  Capital punishment  What is capital punishment ?  Capital punishment is also known as a death penalty, execution of an offender sentenced to death after conviction of a criminal offence by a court of law. Indian criminal justice system is one of the important parts of capital punishment. In the 1980 Bachan singh judgment , the supreme court ruled that the death penalty should only be used in the “rarest of rare” cases,but it is not clear what defines the rarest of the rare . In India , it is awarded for the most serious of crimes . It is awarded for heinousness and grievous crimes . Article 21 says that no person shall be deprived of ‘right to life’ which is promised to every citizen in India . In India , various offences such as criminal conspiracy ,murder ,war against the government , abetment of mutiny ,dacoity  with murder , and anti-terrorism are punishable with death sentences under Indian Penal Code (IPC) . The president has the power to grant mercy in a cas...

  Locus Standi  Locus Standi is a Latin term which means place to stand, the right or ability to bring a legal action to a court of law, or to appear in a court. The maxim refer s to the right of a party or whom is going to sue is the write of this party to appear and be heard before the court of law or to institute s suit or an action before the court. Like an individual cannot bring a complaint challenging the constitutionality of a law, unless someone can show that they have been harmed or affected by the law. Contrarily the court would conclude that the complaint locus Standi to file the complaint, and will reject the lawsuit without even taking into consideration, the validity of the unconstitutionality provision raised by her.  In talking to legal manner the locos Standi means the essential applies to a plaintiff attempt to show to the court that there is an ample relation or correlation or a cause of action to the plaintiffs from the suit. In other term it says tha...

  Doctrine of frustration  Section 56 deals with the doctrine of frustration as being acts which cannot be performed. Under this doctrine a promisor is relieved of any liability under a contract in the event of the breach of contract and contract will be deemed to be void. Section 56 is based on the maxim “ les non cogit ad impossibilia” which means that the law will not compel a man to do what he cannot possibly perform. The basis of the doctrine of frustration was explained by Supreme Court in the case of  Satyabrata Ghose v. Mugneeram  in which Justice Mukherjee held that the basic idea upon which doctrine of frustration is based is that of the impossibility of performance of the contract and the expression frustration and impossibility can also be used as synonyms. The doctrine of frustration is however applicable only in 2 cases If the object of the contract has become impossible to perform             ...