“The bedrock of our democracy is the rule of law, and that means we have to have an independent judiciary, judges who can make decisions independent of the political winds that are blowing.” – Caroline Kennedy. A functioning democratic system requires an independent judiciary. Only an impartial and independent judiciary can serve as a rampartContinue reading “Collegium System v. NJAC – Critical Analysis of Judicial Appointment System”
Category Archives: Constitution
STATUS & RIGHTS OF SECOND WIFE IN INDIA
A second marriage, if the first marriage exists at the time, is considered illegal and the relationship that exists between the couple because of the second marriage also holds no value or validity in the eyes of the law. Although the legal provisions made in this regard have made the status of second marriage veryContinue reading “STATUS & RIGHTS OF SECOND WIFE IN INDIA”
LODGING OF FIR AND REDRESSAL MECHANISM ON REFUSAL BY POLICE TO REGISTER FIR
Nowadays, it is common for people to come across a refusal on registering FIR by the Police Officials. This article is all about what happens if the Police refuses to register FIR, what remedies do people have if they are refused for FIR registration on an unreasonable ground. For knowing the remedies and options whichContinue reading “LODGING OF FIR AND REDRESSAL MECHANISM ON REFUSAL BY POLICE TO REGISTER FIR”
LAW ON BAIL- PART II: ANTICIPATORY BAIL
A comprehensive analysis of section 438 Cr.P.C., the law of anticipatory bail from Gurubaksh Singh Sibbia to Sushila Aggarwal. By Megha Chaturvedi, Associate H.K. Law Offices A person accused of committing a non-bailable offence and who has reasons to believe that he may be arrested in such crime, can apply to the Court of SessionsContinue reading “LAW ON BAIL- PART II: ANTICIPATORY BAIL”
PIL ON DECRIMINALISING THE ACT OF BEGGING- NOTICE ISSUED BY HON’BLE SUPREME COURT OF INDIA (FILED BY H.K. LAW OFFICES)
The Hon’ble Supreme Court of India issued notice on PIL filed under article 32 of the Constitution of India for decriminalising the act of begging and challenging the constitutional validity of Anti- Begging Acts of various states of India. A bench of Hon’ble Justices Ashok Bhushan and R Subhash Reddy issued notice to Gujarat, Punjab,Continue reading “PIL ON DECRIMINALISING THE ACT OF BEGGING- NOTICE ISSUED BY HON’BLE SUPREME COURT OF INDIA (FILED BY H.K. LAW OFFICES)”
LAW ON BAIL – PART I : BAIL AS A MATTER OF RIGHT
Reaffirming- ‘Bail is the Rule and Jail is the exception’ By Megha Chaturvedi, Associate H.K. Law Offices WHAT IS BAIL? It is a known fact that no statute including The Code of Criminal Procedure has defined the term Bail yet is has much elaboratively precise meaning. According to Halsbury’s Laws of England – “the effectContinue reading “LAW ON BAIL – PART I : BAIL AS A MATTER OF RIGHT”
ANALYSIS OF THE STATUTE- CITIZENSHIP (AMENDMENT) ACT, 2019
INTRODUCTION Post partition and independence, it became necessary to enact a legislation which governs citizenship laws of a nation. Citizenship not only recognizes the legal identity and provide rights to an individual of a country but also protects their welfare and provides nationality granting protection across the world. Citizens are subjected to better legal status,Continue reading “ANALYSIS OF THE STATUTE- CITIZENSHIP (AMENDMENT) ACT, 2019”
MANUAL SCAVENGERS: AN EXTENSION OF THE PANDEMIC OF UNTOUCHABILITY
Our country is widely known for numerous cultures, traditions and believes. It is these values and morals which make us distinct in the whole world and the reason why even the western civilization is looking forward and adopting our traditional culture. This clearly shows the importance and impact of our values and morals onContinue reading “MANUAL SCAVENGERS: AN EXTENSION OF THE PANDEMIC OF UNTOUCHABILITY”
CONSTITUTIONALITY OF NARCO ANALYSIS: DEVELOPMENT & LEGAL APPROACH
Law is a living process, which changes according to the changes in society, science, and ethics and so on. The Legal System should imbibe developments and advances that take place in science as long as they do not violate fundamental legal principles and are for the good of the society. A few democratic countries, IndiaContinue reading “CONSTITUTIONALITY OF NARCO ANALYSIS: DEVELOPMENT & LEGAL APPROACH”
CONSTITUTIONALITY OF DEATH PENALTY VIS-A-VIS REPEAT OFFENDERS UNDER THE NDPS ACT
The constitutionality of death penalty has been challenged on several occasions on the grounds of being violative of right to life which is a basic human right given in numerous International Conventions and guaranteed as fundamental right under article 21[1] of the Constitution of India. But the right to life comes with an exception beingContinue reading “CONSTITUTIONALITY OF DEATH PENALTY VIS-A-VIS REPEAT OFFENDERS UNDER THE NDPS ACT”
H.K. LAW OFFICES 