Papers by Journal of Constitutional Law and Jurisprudence
When ranking the states, the report did not compare one state with another. It only highlighted t... more When ranking the states, the report did not compare one state with another. It only highlighted the strengths and weaknesses of each component of each state and encouraged internal evaluation to bring positive changes to the judicial administration. It forces the state to compete with itself to ensure the best justice for its people. The number of court cases is worrying. Although the number of reported cases has decreased significantly due to the pandemic. At the time of writing, the National Court Data Network cited more than 35.34 million outstanding cases in district courts across the country. Court, we must An extremely mysterious number-more than 40 million cases have been heard by courts across the country. The pandemic and subsequent closure (full and partial) prevented the judiciary from holding physical hearings. The unthinkable option is to close the court altogether. But technology came to the rescue, and the system evolved into a video conference. Unfortunately, lack of preparation has two First, due to the lack of a reliable system in place, hardware and software failures are inevitable, and almost everyone is not satisfied. One lawyer wore a vest to discuss the case, while another lawyer drove his car. During this year, some higher courts carefully reviewed this situation, but many people, including the Supreme Court, could not accept this change. The plaintiff in the district court suffered the most because of physical alienation. Few district courts provide videos.-Meeting room, although mandatory. Many district courts do not have the necessary capabilities or qualified staff, so the vast majority of applicants are in trouble. Your answers to the needs of litigants and lawyers. Information and communication technology is not only the courts, but all pillars of the judicial system can use the technology in the coming year and involve all relevant people: lawyers, court staff, trial lawyers, police and prison officials, and legal advisers. Lawyers, the adoption of business methods, wider and more targeted use of technology; Deadline; adequate training for employees at all levels; they are needed for every contribution. The Judicial and Police Academy can do many things to improve the image of our judiciary. Judicial reform is imperative. If war is not adopted, the problems that have arisen during the pandemic and for most of the past year will come at the expense of human rights, civil liberties, and true justice.
In India, no fundamental right has generated as much debate and as much controversy between gover... more In India, no fundamental right has generated as much debate and as much controversy between government and citizen as the right to property. In liberated India, no fundamental right has caused so much suffering and given rise to so many controversies between governance and the citizen, as the right to property. Whatever laudable the state intends to achieve, it cannot deprive a person of his property or violate this right, except as a rule of law. The purchase can be made against the will of the owners but the guaranteed compensation is paid to the owners or those interested in the land. State can acquire land for public purpose and also for the company under Land Acquisition law but due regard must be given to the amount of compensation, and right to compensation should not get hampered. The term "public purpose" flows from public welfare and the welfare of the people should be the primary focus of any legislative or executive action.
For our democracy, the judiciary serves as a watchdog. It is the protector of human rights. It is... more For our democracy, the judiciary serves as a watchdog. It is the protector of human rights. It is critical for such a body to be involved in safeguarding citizens' rights. As society evolves it becomes more active by taking on situations involving children. In a suo moto action, a basic right has been violated. The primary goal of judicial activism is to protect the rights of people who are victims of injustice. Ensure that all people are treated with fairness and equality. Such choices should not, however, be made by the judiciary. Obstructing or interfering with the executive and legislative functions this intrusion is unwelcome. "Judicial overreach" is a term used to describe when a judge goes too far in a number of cases, judicial activism has played a role. Judicial overreach and the judiciary in their current state.
The fundamental rights of the citizens are enshrined in Indian Constitution. The Supreme Court of... more The fundamental rights of the citizens are enshrined in Indian Constitution. The Supreme Court of India and the High Courts during the last seven decades have rendered hundreds of judgments in perfecting the rights of the citizens and thereby contributing immensely to the Rights Jurisprudence. Some of the judges were active enough in securing the rights for the citizenry which sometimes dubbed as judicial activism.
Earth's resources are limited, and when one faction of society obtains resources for itself, it o... more Earth's resources are limited, and when one faction of society obtains resources for itself, it only logically follows that another faction is simultaneously deprived of those resources. In the case of indigenous and tribal people, every resource stems from the land that they live on. Without that land, they have no life. And yet, the demands of our ever-growing modern world ignore this fact and continue to deprive them of their livelihood. In such a situation where the actions of society jeopardize the life of others, one would expect the law to intervene and ensure justice. In the following paper, we seek to answer this very basic question: What has the law done to protect indigenous land rights? To answer this question, we take a look at Indian legislations designed to protect land rights, and then move on to scrutinising how the higher judiciary has applied these statutes. To contrast the stance taken by the Indian judiciary, this paper then takes the example of a few judgements delivered outside India. The central argument through the bulk of this paper is that the Indian Judiciary has been inconsistent in protecting tribal land right and needs to change its outlook on the issue in order to make progress.
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Papers by Journal of Constitutional Law and Jurisprudence