Eat.Sleep.Law

The framers of the Indian constitution were the quest for sighted to preserve the rich heritage of the country by promoting harmony, secularism and its inherent value of fundamental rights to fulfil the needs of people.          Though the importance of fundamental duties were always given less than others rights and duties embodied in the constitution. however with the lapse  of time, values of people changes for which an emergent need of the society and in this context fundamental duties becomes the light of hope.           It was found that the Swaran Singh committee as appointed to revive constitution recommended that certain fundamental duties should include in the constitution to upgrade the values of people. Originally fundamental duties are supplemented in school education to be taught morally which had no importance in practical life, hence it was necessary to include in the constitution as reported by the Verma C...

The three organs of the government which we know as the executive, the judiciary and legislature represent the people and their will in our country and are responsible for the smooth running of a democratic government in our society. The legislature is the law-making body, the executive is responsible for the enforcement of all such laws and the judiciary deals with the cases that arise from a breach of the law. Thus they are all interlinked organs of the government and their roles and functions tend to overlap with each other, as it isn’t possible to separate the three from each other completely. This has been the cause for not only serious political debate in our country but has raised many philosophic and jurisprudential debates among legal scholars and the law fraternity. Whether there should be a complete separation of powers or a well-coordinated system of distribution of powers thus becomes the focal point of contemplation. To analyse the separation of powers doctrine, the...

SEPARATION OF POWER : Harles de Montesquieu -“To become truly great, one has to stand with people, not above them .” The separation of powers is a model for the governance of both democratic and federative states. The model was first developed in ancient Greece and came into widespread use by the Roman Republic as part of the uncodified Constitution of the Roman Republic. The doctrine of separation of powers has emerged in several forms at different periods. Its origin is traceable to Plato and Aristotle. In the 16th and 17th centuries, French philosopher John Bodin and British politician Locke expressed their views about the theory of separation of powers. But it was Montesquieu who for the first time formulated this doctrine systematically, scientifically and clearly in his book ‘Esprit des Lois’ (The Spirit of the Laws), published in the year 1748. The contribution of Montesquieu in the development of the Concept of Separation of Power Meaning of Separation of Power Unde...

A thriving and vibrant electoral democracy has been India’s distinct and durable identity, long before it asserted itself as an economic, nuclear or IT major.   Founded by a great Constitution,  it has been nurtured by parliament, judiciary, political parties, media and above all by the people of India, with some distinct contribution from the Election Commission of India. Despite doubts and fears from many quarters, founders of modern India adopted universal adult suffrage thus reposing faith in the wisdom of the common Indian to elect his/her representative to the seat of power. Choice of electoral democracy was variously termed: a giant leap forward, a bold enterprise, an unparalleled adventure. When the independence came directly to the hands of ordinary people in the form of a vote,  it was a period when 84% of Indians were illiterate, an equal number in poverty living in an unequal society fractured by a caste-based hierarchical system. India has proved Nob...

INTRODUCTION The Election Commission is established as an autonomous body in order to ensure free, fair and impartial elections which are even insulated from political pressures and executive influence. Under Article 324(1) of Indian Constitution, the Commission is set up as a permanent body. The Commission has got the jurisdiction throughout India over elections to Parliament, State legislature, Offices of President and Vice President. The Election Commission is made as an all India body rather than separate bodies to supervise and conduct elections in each state is that some states in India consist of the mixed population which in itself includes both the native people and well as other people who may be culturally, racially, linguistically different from that of native people. With a view to preventing any kind of injustice being done to any section of people, it was made as a single central body which would be free from local influences and pressures and have control o...