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Showing posts from May, 2021

What should the courts should do or intend to achieve via the Public Interest Litigations?

  a. PIL as a means to prevent Judicial Accountability SC by a series of PILs has ensured the dominance of judiciary concerning issues of appointment and transfer of judges, their conditions of service and removal etc. S.P. Gupta v Union of India [1] , SCAORA v Union of India [2] and the NJAC Judgment [3] have all worked towards promoting judicial supremacy into arenas, which were traditionally, and predominantly the domain of the Parliament and the executive. By introducing the Collegium system, it can be argued that it has amended the language of A.124 (3) and not interpreted it. This raises a deep fundamental question as to how far constitutional interpretations may be stretched to obtain this judicial supremacy. Moreover, this has been made possible because judges have entertained PILs in matters where the concern is not the enforcement of rights but a tussle for power and supremacy of authority, revealing a glaring evidence of lack of judicial accountability. PIL, therefo...

Let's Learn about Soft Skills!

  Soft skills are the traits which an individual should have in his/her personality, attitude, mindset, behavior, way of interacting, communication etc. Soft skills are of great significance in many aspects when an individual has to represent at different platforms like at workplace, they represent   an individual's capability to work efficiently and amicably with others which is what just the employers expect from their employees. Soft skills are related to an individual's personality which are manageable skills to a great extent. Soft Skills can be developed & learnt which an individual should always willfully try to inculcate into their personalities as this can be a value addition to their educational qualifications while representing oneself at any platform. A few essential soft skills for the workplace include inspiration, opinion, expressiveness, teamwork, association, interpersonal skills, adaptability, negotiation skills etc. Soft skills are vital to em...

The Incredible Human Mind

  A healthy mind in a healthy body is alert and interested in the world around us. It absorbs information, produces ideas, copes with problems and runs the body smoothly. Does the mind physically exist? How it is capable of influencing the body, are some of the questions discussed for a long while. Though the mind is not a part of the physical body but it is connected to the brain – the mind is just the activities of the billions of nerve cells in our brain. The mind thinks about everything including feelings and knowledge . It has the amazing capacity to divide its consciousness into an activity that is being performed and planning an event for a later time. In the 20 th century Psychologist Sigmund Freud mentioned that apart from conscious thoughts and feelings people also had unconscious memories and desire that were hidden or suppressed for various reasons. Freud thought that that the unconscious part of the mind influenced the personality of the individual. His famous Psy...

Rule of law and mobocracy in West Bengal

  The centre-state relations of west Bengal have taken a new turn with the CBI arresting four senior members of Legislative Assembly in Mamta Banergee’s government in the Narada bribery sting case of 2014. The recorded tapes allegedly show TMC leaders accepting money from representatives of a fictitious company. The Calcutta High Court while exercising its epistolary jurisdiction treated the letter sent by CBI on the official e-mail id of Hon’ble the chief Justice and the Registrar General as a writ petition. The court was informed that Chief Minister of west Bengal was sitting on a dharna outside the office of CBI along with her 2000 to 3000 supporters. The bribery case was investigated by the CBI and they were ready to file a charge sheet. It is alleged that these agitators were obstructing CBI in discharge of its official functions. A case u/s 120-B, IPC and u/s 7, 13 (2) r/w 13 (1) (a) and (d) of Prevention of Corruption Act, 1988 was registered against many accused persons....

IMPORTANCE OF DELEGATED LEGISLATION

  India works on flexible form of separation of powers such that three wings of the government perform their duties within their own realm as well as keep a check on each other by intervening in their functions. Administrative authorities came up in India with the change of state function from police state to welfare state. Thus legislature, executive and Judiciary were not able to handle increased state functions and delegated legislation concept evolved as a result of this welfare function. The legislature delegated subsidiary function related to law making to these administrative authorities which came to be known as delegated legislation. Subsequently these authorities work under boundaries and objects set by the parent legislature. With the advent of delegated legislation as well administrative authorities the government was able to keep pace with increased state functions and efficiency of legislature. Delegated legislation does not work on its own, there is Parliamentary as ...

Importance of Planning your Finance

  To determine your long-term and short-term financial goals you need to plan your finances in a balanced way to meet those goals. Lets look at 10 reasons to plan your finances with the help of an expert financial advisor. 1.      Income Management:   It helps to effectively manage your income and help you understand how to proportionate between your tax payments, monthly expenses and your savings. 2.      Inflow of cash :  By careful monitoring of your expenditures and its patterns, planning your taxes along with proper budgeting will help you keep more of your hard earned cash. 3.      Capital growth:   With the increase in cash inflow your total capital also increases which helps you to consider investment options and improve your financial freedom. 4.      Securing your Family:  The most important goal is to provide financial security to your family which can be achieve...

EXTRA JUDICIAL KILLING AND THE HUMAN RIGHTS OF THE CRIMINAL IN INDIA

  Police encounters are the violation of the human rights of the person who is actually until not proven guilty cannot be called as offender or criminal. Sometimes it is being reported and acknowledged that it is faked also. So what is that law which allows our executor to take law in their hands? If we will see minutely it is a direct encroachment of the executor on the judiciary. If the executor will perform all the functions of the judiciary the there is no use of the criminal justice system in India, all the decisions of the punishment and releasing of any person would be taken by the executor, it is a grave violation of fundamental rights enshrined under the Constitution of India. So the power exercised by the executor in case of the police encounter is a grave violation and a direct encroachment over the human rights as well as the fundamental rights of the criminal. As our constitution of India protects the rights of the convicted as well as the person in the preventive dete...

International Conference

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INTERNATIONAL CONFERENCE ON RECENT ADVANCEMENTS & INNOVATIONS IN MANAGEMENT, MEDIA SCIENCE, TECHNOLOGY, EDUCATION AND LEGAL ISSUES