Law Love Legal

 Article 17 and Article 18 Abolition of Untouchability (Article 17) Art. 17 of the Indian Constitution lays down the provision stating that untouchability in any form in India is forbidden and cannot be practiced by anyone. It also provides that any enforcement of disability arising due to untouchability shall be considered as an offence and shall be punishable by law. The Untouchability Offences Act, 1955 did not define the meaning of untouchability. Therefore, the court in the case of Devarajiah v. Padmanna observed that the term Untouchability is not used in grammatical sense but in the direction of practice preached in India. This observation was again made by the court in the case of Nepal Singh v. State of UttarPradesh .   This right of untouchability is provided to every individual against private individual and makes the duty of the State to ensure that such practices do not take place . To protect this right of an individual, the practice and preaching of Untouchabi...

        Article 16 Equality of Opportunity in Matters of Public Employment Equality of Opportunity in matters of Public Employment Art. 16 of the Indian Constitution lay down the provisions for the equality of opportunity in matters of public employment. Similar to that of art.15, this article is also available only to the citizens of India. Art. 16 (1) is a general provision which states that State shall provide equal opportunities to all the citizens in matters of employment or appointment under any office of the State. The state can though make reasonable classification but any arbitrariness on the behalf of the state for opportunity in public employment shall be construed as violation of art.14&16 of the Constitution .   Art. 16 (2) provides that the state shall not discriminate any of the citizen in the matters of public employment on the grounds of religion, race, caste, sex, decent, place or birth or resident or any of them. It does not allow c...

                 THE RELATIONSHIP BETWEEN LAW AND JUSTICE  Introduction After having seen the meanings and different aspects of law and justice, it would be better to assess the relationship between law and justice. Questions such as: How are law and justice connected? How do they interact? In what way are they distinct? and can law be considered as a means of serving justice? are assessed and analyzed. In answering this question and assessing the relationship between law and justice it is essential to refer to some laws and cases. The Connection and Interaction of Law and Justice Many people believe that there is a close connection between law and justice. The main thing that connects law and justice is the origin and foundation of law. Law is related with nature and God; and its basement is that of justice. True justice is found in nature and nature has ordered what human beings should do and not to do. And where human beings sear...

Concept of Justice Introduction The concept of justice is as old as the origin and growth of human society. A man living in society desires peace and, while living in he tends to experience a conflict of interests and expects a rightful conduct on the others part. And this is why jurists like Salmond and Roscoe Pound have emphasized the importance of justice. Through the instrumentality of law regulated by the state, the concept of justice became more clear. As the law grew and developed the concept of justice walked parallel and expanded its tentacles into different spheres of human activities. The essence of legal justice lies in ensuring uniformity and certainty of law and at the same time ensuring the rights and duties duly respected by all. The notion of justice is the impartiality imbibed in it. The violation of justice which is enforced by the law results in state sanction as ‘punishment’. In the words of Chief Justice Coke it has been rightly said that ‘wisdom of law and justic...

CRUELTY AGAINST WOMEN                                                                                                                    CRUELTY Abstract Consequences of cruelty which are likely to drive women to commit suicide or to cause grave injury or danger to life or health, whether mental or physical, of the women or required to be, established to bring home the application to Section 498-A of the I.P.C. I.P.C. “498A. Husband or relative of husband of a woman subjecting her to cruelty–Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punishable with imprisonment for a term which may...

  Prohibition of discrimination on grounds of religion, race, caste, sex, or place of birth (Art. 15) Art.15 lays down the provision in regards to the prohibition of discrimination on grounds of religion, race, caste, sex or place or birth. Art. 15 (1) of the Indian Constitution expresses that any resident of the nation will not be separated on the grounds of religion, race, rank, sex, place of birth or any of them. In contrast to, workmanship. 14, this right is simply accessible to the residents of India. Craftsmanship. 15 (1) is considered as an expansion of workmanship. Article 14 as it broadens the overall standard of balance referenced under article 14. However, the judiciary at various instances has entertained various grounds upon which the state can or cannot discriminate any citizen of the nation. The courts have observed that any classification by the state on the grounds of residence does not cause discrimination against any citizen under art.15 of the Indian Constitut...

  J ES URISPRUDENCE  PHILOSOPHIES (RULE OF LAW) J ES URISPRUDENCE  PHILOSOPHIES (RULE OF LAW) Introduction The idea of Rule of law isn't new to India. The roots can be followed back to the Upanishads Period. In advanced law also, the whole design of the Indian Constitution depends on the idea of law and order. The composers of the Constitution recognized the hypothesizes of law and order as propounded by Dicey and thought of it as a significant piece of vote based system. It was, thus, in the wellness and interest of construction that the establishing staffs of the Constitution gave it the due acknowledgment. The doctrine of Rule of Law as enunciated by Dicey has been adopted and strictly incorporated in the Constitution of India. The three major pillars of the Constitution that are justice, liberty and equality are enshrined in the Preamble itself. The Constitution of India is the supreme law of the land and other laws are required to be in conformity with the basic prin...