Skip to main content

Malkeet Singh

Followers

944

Following

5

Public Views

Qualifications: B.Sc. (Medical), LL.B
Job: Advocate in Punjab & Haryana High Court at Chandigarh (India)
Interests: Reading and Writing. Poetry in Punjabi

less

University of Allahabad

Gokul Sundar K Ravi

SOEL

JIMS School of Law, GGSIP University, New Delhi

Dr Aneesh V . Pillai

Cochin University of Science and Technology

Robert Mecky Chami

Interests

Uploads

Papers by Malkeet Singh

COMPARATIVE STUDY OF THE EXISTING INDIAN EVIDENCE ACT, 1872, AND PROPOSED BHARTYA SAKSHA ADHINYAM, 2023

Facebook page "Socio-Polital-Economic Causes", 2023

This paper deals with the bill titled as BHARTYA SAKSHA ADHINYAM, 2023, presented by the BJP Gove... more This paper deals with the bill titled as BHARTYA SAKSHA ADHINYAM, 2023, presented by the BJP Government in Indian Parliament to replace the existing INDIAN EVIDENCE ACT, 1870. Though statement of Objects and Reasons of the proposed Bill mentions that the the said is being introduced with a view to make existing Indian Evidence Act, 1870, compatible to new age technology but the real object behind is to Hindunize title of the existing INDIAN EVIDENCE ACT, 1870. No considerable change has been brought. Almost entire existing INDIAN EVIDENCE ACT, 1870 has been copied to make definition clause in the proposed bill more complex, not easily comprehensible, and disconnected from the connected basic terms. The proposed bill has even failed to bring the DNA analysis (with special reference to section 112 of the existing Act) to make it legal. Changes could be brought about be amending the existing INDIAN EVIDENCE ACT, 1870. Anyway the proposed bill is a mere copy of the existing INDIAN EVIDENCE ACT, 1870 making it more difficult to understand, and susceptible to wrong interpretations.

UNIFORM CIVIL CODE

are the basic and rather essential elements of a man's life, guided and perfected according to hi... more are the basic and rather essential elements of a man's life, guided and perfected according to his/her sharing ideas, beliefs, faiths, customs, and even foibles identifiable with a larger group of his kind, called the society, and more particularly, his community. All that forms a folklore of that particular society or community, which is unwritten and followed as a practice inherited from one's parents, great, great-great parents, and so on, i.e., from the immemorable period. Thus, the folklore, in fact, constitutes an individual to be compatible, habitually, with the rest of individual members of that particular society or community. Religion, though cannot be specifically counted as a folklore but the same plays a great role in defining norms, beliefs, faith, and customs with a community, transforming into a folklore of the particular community.

SUICIDE, RIGHT TO LIFE AND CRIMINAL LAW

Suicide, i.e., deliberate termination of one’s own physical existence or self-murder is not recei... more Suicide, i.e., deliberate termination of one’s own physical existence or self-murder is not received well in society though there may be certain reasons to justify the suicide like euthanasia. However, it remained a matter of serious concern, socially, culturally, as well as, legally. In India committing a suicide is recognized as a punishable crime, if the person trying to commit suicide survives.

Extending the concept of suicide and euthanasia to medical conditions of a patient; and the rights of the patient as well as his close relations to ask for medical termination of life remained a matter of discussion, even under the law by courts.

I discussed in this article right to suicide, and, particularly, medical termination of life in certain circumstances as questionable.

CAN AN ADVOCATE REFUSE A BRIEF

This paper was needed to be written because sometimes even Advocates, considered intellectuals, a... more This paper was needed to be written because sometimes even Advocates, considered intellectuals, and engaged in a profession that deals with logic, fall prey to certain emotional events. It is true that emotions are an important aspect of individual's personality but that is subject to the will of the society. To regulate and implement that collective will of the society certain rules/laws are made those, in fact, demand sacrifice of individual desire in favour of collective desire of the society. Still, I have seen many times, various Bar Associations, a body of advocates, practicing law at certain place, go to pass resolutions, binding its members under the fear of being dismembered, to deny professional legal services to particular person or a class of persons.

Rights and Duties (01.11.2022)

Considered Rights, Duties, and Freedom on the basis of theory of G,.W.F. Hegel.

HINDUTVA THROUGH THE CITIZENSHIP (AMENDMENT) BILL, 2019 (A Vote Mustering Drama-Divisive and Undemocratic

This paper highlights the methodology of the ruling BJP of India and risks involved in the applic... more This paper highlights the methodology of the ruling BJP of India and risks involved in the application of the Citizenship (Amendment) Bill, 2019, amending the Principle Act, called the Citizenship Act, 1955, favouring, primarily a religious category of Hinduism and discriminating against Muslims and in vilation of Article 14 of Indian Constitution.

PHILOSOPHICAL END OF OUR REVENGEFUL SOCIETY (Crime and Punishment)

This paper highlights the nature of our Criminal Justice Administration System that somehow becom... more

ANOTHER LEADING CASE ON RIGHT TO LIFE20191204 87774 oqob6e

This paper deals with Siamese Twins; their life expectancy; medial conditions; and right to death... more

A GREAT SHIFT IN HUMAN SOCIETY THROUGH FAMILY RELATIONS

This paper deals with the shift in human relations in a given society with changes in production ... more

ARTICLES 35-A, 370, THE SUPREME COURT OF INDIAN AND JAMMU & KASHMIR (With Special Reference to Constitutional History

Recently, Indian Supreme Court is seized of a matter relating to special status of the state of J... more Recently, Indian Supreme Court is seized of a matter relating to special status of the state of Jammu & Kashmir. Certain petitions have been filed to challenge the constitutionality of Article 370 of India Constitution as well as Article 35-A introduced in Jammu & Kashmir through the Presidential Order, 1954. This has created a confusion among Kashmir people as well as Indians, further creating violent situation in the region. In this article, I tried to explain the legal position with respect to above issue.

RECENT SUPREME COURT DECISION ON BAILS (LOGIC AND CONCEPT OF BAILS

This paper deals with the concept of bail in criminal law and the judgment of 3 judge's Bench of ... more This paper deals with the concept of bail in criminal law and the judgment of 3 judge's Bench of Supreme Court of India in CRIMINAL APPEAL NO. 462 OF 2018, decided on 27th March, 2018 wherein it is held that Anticipatory Bail does not automatically entitle accused to regular bail under Section 439 Cr.P.C.

HOW POLITICAL PARTIES IN POWER CHANGE LAWS

This paper is about how the laws are made and how certain social implications compel the governme... more This paper is about how the laws are made and how certain social implications compel the governments to make law. Primarily, the law follows the society, thus any political party in power that wishes to make a certain law tries to bring change in the social mindset in accordance with an idea regarding which that wants to make a law. As such, society is compelled to abrupt and non-evolutionary change, facilitating creating theocratic states.

Criminal Law Amendment 1955: Blunder by Indian Parliament

During British rule over India TRANSPORTATION FOR LIFE was one of severe punishment given to the ... more During British rule over India TRANSPORTATION FOR LIFE was one of severe punishment given to the convicts. For this convicts were confined at Cellular Jail at Andaman. In 1955 the Parliament of India passed a Criminal Law Amendment Act, 1955 to replace TRANSPORTATION FOR LIFE to IMPRISONMENT FOR LIFE. The object of this Criminal Law Amendment Act, 1955 was not bad but by the way the punishment TRANSPORTATION FOR LIFE was replaced by IMPRISONMENT FOR LIFE, in whichever section of Indian Penal Code it was so prescribed, caused a great fallacy in implementation of the penal clause of the respective section. Unfortunately, no authority has so far taken care to rectify this mistake.

Emerging Issues in Implementation of RTI Act

This is about awareness among consumers of government services covered under the the Right to Inf... more

GST ACT, 2017 AND ITS APPLICATION TO JAMMU & KASHMIR

Economic Times dated 14 June, 2017 reported that the Jammu and Kashmir government has failed to b... more Economic Times dated 14 June, 2017 reported that the Jammu and Kashmir government has failed to build consensus on the implementation of the Goods and Services Tax in the state, during an all-party meeting on Tuesday, as the Opposition reiterated that the law would weaken the special status of the state. Chief minister Mehbooba Mufti has agreed to call further meetings to further deliberate on the issue and even defer assembly session after it will formally start June 17. Opposition leaders claimed that they proved to the government that the implementation of GST in its current form in the state would weaken the special status of the J&K guaranteed by the Constitution.

Whether India is a Unitary or a Federal State? +---Malkeet Singh

The Constitution of India is a grundnorm that guides the way how the Indian Government needs to w... more The Constitution of India is a grundnorm that guides the way how the Indian Government needs to work, what to do and what not to do and What kind of laws are to be made. Federalism is one of the basic feature of the Constitution that speaks about, inter alia, for the distribution of powers. However, the BJP government that came to power in 2014 has been trying to centralize all the powers leaving the provinces devoid of important powers to legislate in respect of matters specific to those provinces. Currently by enacting the Central Goods and Services Tax Act, 2017 (in short: GST Act) has taken over the legislative authority of the states' and also affected financial relations between center and the states. This way the Act and enabling amendments in the Constitution will be a move to make India Unitary from Federal and thus a conflict with the basic structure of the Indian Constitution.

Whites and Browns (On Criminal Tribes Act)

There were several laws in a colonial period those divided the Indian Community on the lines of t... more There were several laws in a colonial period those divided the Indian Community on the lines of their caste and work. One such law was Criminal Tribes Act that declared certain tribes criminals and outlaws and thereby disabled them from participating in social development. This law continued even after independence.

Castration of Human Rights

This paper is a critical analysis of the judgment delivered by Madras High Court in Crl.O.P.(MD)N... more This paper is a critical analysis of the judgment delivered by Madras High Court in Crl.O.P.(MD)No. 11735 of 2014 decided on 16.10.2015, deviating from the Reformatory theory of Punishments, recommending prescription of a barbaric punishment of castration for the accused of an offense of sexual abuse of children.

Real or Pseudo Democracy

Democracy in UK is not real but a Pseudo Democracy where citizens have no power to elect their ow... more

Sustainability and Stability through Cooperatives

Cooperatives, which is collective effort of all the farmers serves as the most efficient manner o... more Cooperatives, which is collective effort of all the farmers serves as the most efficient manner of working to secure sustenance and also for development. It minimizes the throat cutting competition and creates a favorable atmosphere. However, in India and particularly in Punjab, the cooperative movement has been marred by bureaucratic interferences and lethargy. Instead giving impetus to rural economics, cooperative department in Punjab has been creating hurdles. In this paper I discussed the importance of cooperatives, highlighting lapses on the part of Cooperative Department of Punjab and also has given certain suggestions. This paper was presented to the department of Cooperatives, Punjab for consideration.

COMPARATIVE STUDY OF THE EXISTING INDIAN EVIDENCE ACT, 1872, AND PROPOSED BHARTYA SAKSHA ADHINYAM, 2023

Facebook page "Socio-Polital-Economic Causes", 2023

This paper deals with the bill titled as BHARTYA SAKSHA ADHINYAM, 2023, presented by the BJP Gove... more This paper deals with the bill titled as BHARTYA SAKSHA ADHINYAM, 2023, presented by the BJP Government in Indian Parliament to replace the existing INDIAN EVIDENCE ACT, 1870. Though statement of Objects and Reasons of the proposed Bill mentions that the the said is being introduced with a view to make existing Indian Evidence Act, 1870, compatible to new age technology but the real object behind is to Hindunize title of the existing INDIAN EVIDENCE ACT, 1870. No considerable change has been brought. Almost entire existing INDIAN EVIDENCE ACT, 1870 has been copied to make definition clause in the proposed bill more complex, not easily comprehensible, and disconnected from the connected basic terms. The proposed bill has even failed to bring the DNA analysis (with special reference to section 112 of the existing Act) to make it legal. Changes could be brought about be amending the existing INDIAN EVIDENCE ACT, 1870. Anyway the proposed bill is a mere copy of the existing INDIAN EVIDENCE ACT, 1870 making it more difficult to understand, and susceptible to wrong interpretations.

UNIFORM CIVIL CODE

are the basic and rather essential elements of a man's life, guided and perfected according to hi... more are the basic and rather essential elements of a man's life, guided and perfected according to his/her sharing ideas, beliefs, faiths, customs, and even foibles identifiable with a larger group of his kind, called the society, and more particularly, his community. All that forms a folklore of that particular society or community, which is unwritten and followed as a practice inherited from one's parents, great, great-great parents, and so on, i.e., from the immemorable period. Thus, the folklore, in fact, constitutes an individual to be compatible, habitually, with the rest of individual members of that particular society or community. Religion, though cannot be specifically counted as a folklore but the same plays a great role in defining norms, beliefs, faith, and customs with a community, transforming into a folklore of the particular community.

SUICIDE, RIGHT TO LIFE AND CRIMINAL LAW

Suicide, i.e., deliberate termination of one’s own physical existence or self-murder is not recei... more Suicide, i.e., deliberate termination of one’s own physical existence or self-murder is not received well in society though there may be certain reasons to justify the suicide like euthanasia. However, it remained a matter of serious concern, socially, culturally, as well as, legally. In India committing a suicide is recognized as a punishable crime, if the person trying to commit suicide survives.

Extending the concept of suicide and euthanasia to medical conditions of a patient; and the rights of the patient as well as his close relations to ask for medical termination of life remained a matter of discussion, even under the law by courts.

I discussed in this article right to suicide, and, particularly, medical termination of life in certain circumstances as questionable.

CAN AN ADVOCATE REFUSE A BRIEF

This paper was needed to be written because sometimes even Advocates, considered intellectuals, a... more This paper was needed to be written because sometimes even Advocates, considered intellectuals, and engaged in a profession that deals with logic, fall prey to certain emotional events. It is true that emotions are an important aspect of individual's personality but that is subject to the will of the society. To regulate and implement that collective will of the society certain rules/laws are made those, in fact, demand sacrifice of individual desire in favour of collective desire of the society. Still, I have seen many times, various Bar Associations, a body of advocates, practicing law at certain place, go to pass resolutions, binding its members under the fear of being dismembered, to deny professional legal services to particular person or a class of persons.

Rights and Duties (01.11.2022)

Considered Rights, Duties, and Freedom on the basis of theory of G,.W.F. Hegel.

HINDUTVA THROUGH THE CITIZENSHIP (AMENDMENT) BILL, 2019 (A Vote Mustering Drama-Divisive and Undemocratic

This paper highlights the methodology of the ruling BJP of India and risks involved in the applic... more This paper highlights the methodology of the ruling BJP of India and risks involved in the application of the Citizenship (Amendment) Bill, 2019, amending the Principle Act, called the Citizenship Act, 1955, favouring, primarily a religious category of Hinduism and discriminating against Muslims and in vilation of Article 14 of Indian Constitution.

PHILOSOPHICAL END OF OUR REVENGEFUL SOCIETY (Crime and Punishment)

This paper highlights the nature of our Criminal Justice Administration System that somehow becom... more

ANOTHER LEADING CASE ON RIGHT TO LIFE20191204 87774 oqob6e

This paper deals with Siamese Twins; their life expectancy; medial conditions; and right to death... more

A GREAT SHIFT IN HUMAN SOCIETY THROUGH FAMILY RELATIONS

This paper deals with the shift in human relations in a given society with changes in production ... more

ARTICLES 35-A, 370, THE SUPREME COURT OF INDIAN AND JAMMU & KASHMIR (With Special Reference to Constitutional History

Recently, Indian Supreme Court is seized of a matter relating to special status of the state of J... more Recently, Indian Supreme Court is seized of a matter relating to special status of the state of Jammu & Kashmir. Certain petitions have been filed to challenge the constitutionality of Article 370 of India Constitution as well as Article 35-A introduced in Jammu & Kashmir through the Presidential Order, 1954. This has created a confusion among Kashmir people as well as Indians, further creating violent situation in the region. In this article, I tried to explain the legal position with respect to above issue.

RECENT SUPREME COURT DECISION ON BAILS (LOGIC AND CONCEPT OF BAILS

This paper deals with the concept of bail in criminal law and the judgment of 3 judge's Bench of ... more This paper deals with the concept of bail in criminal law and the judgment of 3 judge's Bench of Supreme Court of India in CRIMINAL APPEAL NO. 462 OF 2018, decided on 27th March, 2018 wherein it is held that Anticipatory Bail does not automatically entitle accused to regular bail under Section 439 Cr.P.C.

HOW POLITICAL PARTIES IN POWER CHANGE LAWS

This paper is about how the laws are made and how certain social implications compel the governme... more This paper is about how the laws are made and how certain social implications compel the governments to make law. Primarily, the law follows the society, thus any political party in power that wishes to make a certain law tries to bring change in the social mindset in accordance with an idea regarding which that wants to make a law. As such, society is compelled to abrupt and non-evolutionary change, facilitating creating theocratic states.

Criminal Law Amendment 1955: Blunder by Indian Parliament

During British rule over India TRANSPORTATION FOR LIFE was one of severe punishment given to the ... more During British rule over India TRANSPORTATION FOR LIFE was one of severe punishment given to the convicts. For this convicts were confined at Cellular Jail at Andaman. In 1955 the Parliament of India passed a Criminal Law Amendment Act, 1955 to replace TRANSPORTATION FOR LIFE to IMPRISONMENT FOR LIFE. The object of this Criminal Law Amendment Act, 1955 was not bad but by the way the punishment TRANSPORTATION FOR LIFE was replaced by IMPRISONMENT FOR LIFE, in whichever section of Indian Penal Code it was so prescribed, caused a great fallacy in implementation of the penal clause of the respective section. Unfortunately, no authority has so far taken care to rectify this mistake.

Emerging Issues in Implementation of RTI Act

This is about awareness among consumers of government services covered under the the Right to Inf... more

GST ACT, 2017 AND ITS APPLICATION TO JAMMU & KASHMIR

Economic Times dated 14 June, 2017 reported that the Jammu and Kashmir government has failed to b... more Economic Times dated 14 June, 2017 reported that the Jammu and Kashmir government has failed to build consensus on the implementation of the Goods and Services Tax in the state, during an all-party meeting on Tuesday, as the Opposition reiterated that the law would weaken the special status of the state. Chief minister Mehbooba Mufti has agreed to call further meetings to further deliberate on the issue and even defer assembly session after it will formally start June 17. Opposition leaders claimed that they proved to the government that the implementation of GST in its current form in the state would weaken the special status of the J&K guaranteed by the Constitution.

Whether India is a Unitary or a Federal State? +---Malkeet Singh

The Constitution of India is a grundnorm that guides the way how the Indian Government needs to w... more The Constitution of India is a grundnorm that guides the way how the Indian Government needs to work, what to do and what not to do and What kind of laws are to be made. Federalism is one of the basic feature of the Constitution that speaks about, inter alia, for the distribution of powers. However, the BJP government that came to power in 2014 has been trying to centralize all the powers leaving the provinces devoid of important powers to legislate in respect of matters specific to those provinces. Currently by enacting the Central Goods and Services Tax Act, 2017 (in short: GST Act) has taken over the legislative authority of the states' and also affected financial relations between center and the states. This way the Act and enabling amendments in the Constitution will be a move to make India Unitary from Federal and thus a conflict with the basic structure of the Indian Constitution.

Whites and Browns (On Criminal Tribes Act)

There were several laws in a colonial period those divided the Indian Community on the lines of t... more There were several laws in a colonial period those divided the Indian Community on the lines of their caste and work. One such law was Criminal Tribes Act that declared certain tribes criminals and outlaws and thereby disabled them from participating in social development. This law continued even after independence.

Castration of Human Rights

This paper is a critical analysis of the judgment delivered by Madras High Court in Crl.O.P.(MD)N... more This paper is a critical analysis of the judgment delivered by Madras High Court in Crl.O.P.(MD)No. 11735 of 2014 decided on 16.10.2015, deviating from the Reformatory theory of Punishments, recommending prescription of a barbaric punishment of castration for the accused of an offense of sexual abuse of children.

Real or Pseudo Democracy

Democracy in UK is not real but a Pseudo Democracy where citizens have no power to elect their ow... more

Sustainability and Stability through Cooperatives

Cooperatives, which is collective effort of all the farmers serves as the most efficient manner o... more Cooperatives, which is collective effort of all the farmers serves as the most efficient manner of working to secure sustenance and also for development. It minimizes the throat cutting competition and creates a favorable atmosphere. However, in India and particularly in Punjab, the cooperative movement has been marred by bureaucratic interferences and lethargy. Instead giving impetus to rural economics, cooperative department in Punjab has been creating hurdles. In this paper I discussed the importance of cooperatives, highlighting lapses on the part of Cooperative Department of Punjab and also has given certain suggestions. This paper was presented to the department of Cooperatives, Punjab for consideration.

RIGHT TO INFORMATION AND DEMOCRACY

This paper of mine discusses about the rights of citizens in a democracy and certain issues about... more