Found 1005 Articles for Legal Studies

Right to Education: As a Fundamental Right

Mukesh Kumar
Updated on 20-Feb-2023 10:57:50

5K+ Views

Education is definitely a fundamental right, necessary for a person's empowerment and the advancement of society as a whole. India has the world's highest proportion of illiterates. Although the government claims that our country's literacy rate is quickly growing, a large proportion of the individuals who are legally listed as literate are not in fact literate. The right to education is the fundamental human right of every Indian citizen, whether born in a high-profile civilization or in a remote, underdeveloped town. What is Right to Education? In 2009, the Right to Education Act (RTE) provided compulsory and free education ... Read More

Right Against Exploitation: Definition and Meaning

Mukesh Kumar
Updated on 20-Feb-2023 10:30:56

560 Views

India has the most democratic people on the planet. However, India and its people had endured centuries of enslavement. After the passage of numerous laws, most notably the Indian Penal Code, 1860, India abolishes its system of slavery. The right against exploitation is provided by Articles 23 and 24 of the Indian Constitution, which aim to outlaw and forbid such actions. Every Indian citizen is accorded dignity and freedom under the Indian Constitution, which acts as a barrier to exploitation. Some of the most frequent instances of exploitation in India include the exploitation of lower castes by upper caste ... Read More

Protection against Arrest and Detention

Mukesh Kumar
Updated on 17-Feb-2023 17:07:41

166 Views

Arrest is a legal procedure that revokes personal liberty, which is otherwise recognized as a basic right and guaranteed to all people. Article 22 establishes legal protections against arbitrary detention and arrest. An arrest has significant consequences and may only be performed with the permission of the law and in compliance with the law. In a free and civilized society, an individual must be safeguarded against police atrocities and abuse in order for criminal justice to be administered effectively. All people have the right to liberty and security, and it is the responsibility of the state to ... Read More

Procedure Established by Law: Definition and Meaning

Mukesh Kumar
Updated on 17-Feb-2023 16:42:40

250 Views

Procedure Established by Law means a law adopted by the legislature or the relevant authority is valid if it has followed the proper procedure. Article 21 of the Indian Constitution states that "no person shall be deprived of his life or personal liberty unless in accordance with the procedure established by law." That is, a person's life or personal liberty might be taken away according to the procedure established by law.  What is Procedure Established by Law? Procedure Established by Law indicates that a law that has been lawfully adopted by the legislature or the related authority is legitimate ... Read More

Passing off Action: Definition and Meaning

Mukesh Kumar
Updated on 17-Feb-2023 16:52:11

183 Views

The plaintiff's trade name, trade mark, or other getup can be used in the passing-off action to lead potential customers to believe that his goods or company were those of the plaintiff. The tort is based on the defendant's deception. The deception is directed at potential buyers of products or services, who are encouraged to purchase the commodities believing that they are the plaintiff's. This might be accomplished by the plaintiff's use of misleading or deceptive trade names, markings, or other indicia in relation to such products or services. What is passing off? Passing off occur when someone intentionally or ... Read More

Minorities: Meaning and Types

Mukesh Kumar
Updated on 17-Feb-2023 16:14:33

2K+ Views

Minorities include any national cultural, ethnic, religious, and linguistic minorities recognized by national legislation or globally binding declarations, as well as minorities who define and organize themselves as such. Who are the minorities? In the constitution, the term "minority" is not defined. It literally implies a group that is not dominating. It is a relative phrase that refers to the smaller of two numbers, portions, or groupings. The Supreme Court made this statement in the case T.M.A. Pai Foundation v. State of Karnataka, in which a constitutional bench of 11 distinguished Supreme Court judges reviewed the basic question. It ... Read More

Legislature: Meaning and Types

Mukesh Kumar
Updated on 17-Feb-2023 16:30:44

2K+ Views

India is governed by a parliamentary system with two Houses of Parliament modelled after the British system. The President of India serves as the country's national or nominal Head of State, in the same capacity as the Queen or King of England. Despite being the executive leader of the state, the President also has numerous legislative tasks that are crucial to the country's laws. The Parliament of India is divided into two chambers. It is made up of two chambers, the Rajya Sabha and the Lok Sabha, as well as the President of India. The two houses of Parliament collaborate ... Read More

Judiciary: Definition and Meaning

Mukesh Kumar
Updated on 20-Feb-2023 11:53:15

173 Views

India is a democratic country. Our country needs certain bodies to control it in order to work properly. There are three primary bodies of power. They are the executive, legislative, and judicial branches. This essay will concentrate on the third body, the judiciary. The Judiciary's tasks include interpreting laws and resolving disputes. It is also known as "democracy's watchdog." It is responsible for justice as the constitutional protector. In India, there are three categories of courts: the Supreme Court, High Courts, and District Courts. In this post, we will also go through the judiciary's powers in depth. Indian Judiciary ... Read More

Indirect Infringement: Definition and Meaning

Mukesh Kumar
Updated on 16-Feb-2023 18:00:02

435 Views

The universal law principle serves as the foundation for both the concept and practise of indirect trademark infringement. It holds liable both the primary infringer and anybody (if any) who aids or causes the primary infringer to violate the registered trademark. There are no particular provisions under the Trademark Act of 1999 that address this kind of infringement. As a result, it is not possible to say that there is no culpability for this infringement. The applicability and regulations of Indirect Infringement are provided for under the Comprehensive Principle of Law. Such principles hold not only the principal infringer ... Read More

Impeachment: Meaning and Procedure

Mukesh Kumar
Updated on 16-Feb-2023 17:29:45

230 Views

Part V of the Indian Constitution, including Articles 52 to 78, deals with the Union Executive. However, we shall be debating the President of the Indian State. The President of India is the nominal leader of the country's three branches of government: the executive, the legislative, and the judiciary. The President of India is also the Commander-in-Chief of India's three military forces. Article 52 establishes a President of India, while Article 53 gives the President of India executive responsibility over the Union. Though this article specifies that the authority granted might be exercised directly by the President of India or ... Read More

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