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Fundamental Rights in India v. American Bill of Rights

Introduction The Framers of the Indian Constitution took as long as 2 years, 11 months and 18 days to draft the longest Written Constitution in the world. Resulting from several deliberations amongst numerous members of the Constituent Assembly, the final draft of the Constitution of India, 1950 was enacted on the 26th of January, 1949. The original Constitution consisted of 395 articles in 22 parts and 8 schedules. It was ultimately an amalgamation of the best features adopted from various constitutions across the globe. However, these features were delicately moderated to meet the needs and aspirations of Independent India. The most important feature of the Indian Constitution, from the perspective of her citizens, is Part III which deals with Fundamental Rights. This Part discusses the relationship of justice and fairness between the State and the citizens. It enhances the rights that all citizens, and in some cases non-citizens, are guaranteed protection against the State's ar...
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The Sabarimala Case: A Summary

Case Details Case Name:   Indian Young Lawyers Association & Ors. vs. The State of Kerala & Ors. Citation:   Writ Petition (Civil) No. 373 of 2006 Parties Involved: Petitioner –  Indian Young Lawyers Association Respondent –  Travancore Devaswom Board Pandalam Royal Family Chief Thanthri Bench: Justice Deepak Mishra Justice A.N. Khanwilkar Justice Rohintan Nariman Justice Indu Malhotra Justice D.Y. Chandrachud Introduction The Sabarimala Temple, dedicated to Lord Ayyappa, is an ancient temple located atop one of the 18 Sannidhanam mountains that make up the Western Ghats. It is situated in Kerala's Pathanamthitta district. The common belief is that Lord Ayyappa's asceticism, specifically his celibacy, is what gives him his powers. The pilgrims adopt the habit of celibacy both before and while on the journey. People who pray to Lord Ayyappa and profess faith in him are expected to adhere strictly to a set of rules called a "Vratham" for 41 days. According to t...

The National Anthem Case: A Summary

Introduction The Constitution of India consists of Fundamental Rights related to religion which are guaranteed to every person. India is a culturally diverse nation which is why it is important to have laws that protect the rights of all religions. The fundamental right to practice any religion is granted under Articles 25 to 28 of the Constitution of India. One of the cases that throws light on the Right to Freedom of Religion is Bijoe Emmanuel And Ors. v. State of Kerala and Ors., 1985 (1987 AIR 748) , also popularly known as  "The National Anthem Case" .   The Petitioners had filed the suit against the Respondent, a school, for the breach of their fundamental right to practice religion. A writ petition was first filed in the High Court of Kerala, seeking an order to restrain the authorities from preventing them to attend the school. The petition was rejected by the single-judge bench and later by the division bench of the Kerala High Court. Following this, the children...

Attempt to Suicide: A Crime in India

Introduction Suicide is a deeply distressing and complex issue that affects individuals, families and communities worldwide. Among the nations grappling with this dilemma is India, a country that has a complex relationship with suicide, blending cultural, religious and legal perspectives. Several instances ranging from the widespread news of Farmer Suicides to the death of Bollywood Actor Sushant Singh Rajput, have brought mass public attention to the concept of suicide. While awareness about psychological treatments for suicide has increased over time, critical questions regarding its legal status and moral implications are also being raised. This article delves into the legal aspects of attempt and abetment to suicide and the act itself, in India. The Legal Perspective Suicide finds its roots in the Indian Legal System through Sections 306 and 309 of the Indian Penal Code (IPC), 1860 . On the one hand, the former provision deals with punishments for the abetment of suicide, i.e., A...

The Merchant of Venice: A Legal Perspective

Introduction 'Rationality' is an attribute of law and is visible when the law is enforced. Contracts between two or more parties are prevalent in society since before the 16th Century. The legal systems of the 16th and 21st Centuries vary according to the evolution of thought. 'The Merchant of Venice',  set in the 16th Century,  is an English play written by the infamous William Shakespeare. The play focuses on the enforceability of a contract between a Jewish money-lender, Shylock and a Christian merchant, Antonio, in a Venetian court of law. This article analyses the contract between the two concerned parties and focuses on the rationality of the same. It also compares the issues prevalent in the 16th Century and the present time. Background of the Play Antonio, a Christian merchant signs a contract with Shylock, a Jewish money-lender, in Venice. As per the contract, Antonio takes a loan of 3000 Ducats from Shylock and agrees to repay it to him within a  specified tim...

Evolution of the Indian Jury System

Introduction Justice has been the foundational aspect of mankind since the beginning of time. In the gravest of forms, it has highlighted the darkest sides of human beings over time. Justice has also led to the formation of Nations and different communities across the world. However, while the elementary aspect remains the same, the execution of justice differs from Nation to Nation. Different forms of the State adopted different systems of delivering justice. The Monarchy, Dictatorship and Oligarchy chose a leader, in some cases also hereditary, to govern the people, regulate their actions and punish them in case of any offences. Democracy, on the other hand, chose to give the people a choice to elect their leaders who further governed them and made decisions that were in favour of the public interest. On studying the consequences of the different forms of government, Justice was found to be so vital that it was given the status of being one of the 3 pillars of democracy, alongside th...