About us

LexSpectre is an initiative by aspiring students with an aim to enhance legal knowledge. We have a full-fledged team of writers who are working hard to bring into light the changing circumstances in the legal world and acquaint our readers with all the information through articles, news updates and posts which will help them learn and keep them updated.

Role of Campus Ambassador

  1. Social Media Marketing- Campus Ambassador have to circulate the e-posters through email, mailing-list, WhatsApp, Facebook, and Twitter. They should be up to date about all the programs and events organised by LexSpectre. Utilize official website and social media to spread awareness amongst students.
  2. Inform and explain to others what LexSpectre is, and how it can foster and enhance potential of the law aspirants throughout their 5 years of law schooling by acting as publication platform and familiarising budding lawyers with various events and activities all over India.
  3. Depending on the expertise and background of the ambassadors, they will be divided into different functions, namely, volunteer, photographer, rapporteur, content writer, etc.
  4. Give your valuable feedback, suggestions, and ideas to the LexSpectre Team

Who Can Apply

Law Students UG (1 – 3 year) from recognised Law School

Note – Maximum 2 Campus Ambassadors will be selected for a respective college.

Stipend – Unpaid

Duration

Commitment of at least 3 Months, it may extended as per candidates wish.

Perks

  1. Certificate of appreciation will be provided to every individual, future internship opportunities with team LexSpectre
  2. Programme will develop your multiple skills such as leadership, communication skills, marketing skills etc.
  3. Campus Ambassador becomes face of the college
  4. Enhance your Curriculum Vitae (C.V)
  5. Time efficient – working hours are flexible (7-8 hours a week)

Registration

Interested students are suggested to fill the Google form provided below –

https://forms.gle/5nR49kf3XfMFdqY38

*Notification regarding selection for position of Campus Ambassador will be conveyed via respective email id.

Contact Details

E-mail ID: campusambassadors.lexspectre@gmail.com

Contact No: 7774862717Website link: www.lexspectre.in

This article has been written by Mahak Rastogi on the gas leak that happened in Vishakhapatnam recently.

An unfortunate incident that took place on May 7 ,2020 at the Gopalapatnam, vigaz as the residents of habitation close to the site where the LG polymer was located, passed out as the hazardous styrene vapors swept around the area.   It created an atmosphere terror among the people. With this sudden leakage, people around the the radius of 3 km were severely affected causing death of 13 people and thousand people were hospitalized. People were terrified as the similar situation that took place a long ago, known as Bhopal gas tragedy where thousands of people died, and several were affected with permanent injuries due to leakage of hazardous gas called methyl isocyanate from union carbide pesticide plant.

Absolute Liability Invoked

The doctrine of absolute liability was invoked by the court where liability of the company can be fixed even if there is no negligence on the part of the accused company. The case was filed by the Indian government against union carbide corporation in US court demanding 3.3 billion dollars. By 1986 all these litigations in the US District were transferred to India on the grounds of forum non convenient.  An out of court settlement between the Government of India and Union Carbide was arrived at, which fixed the liability of the company to pay $470 million as per the full and final settlement of all claims, rights and liabilities arising out of that disaster.

Law Involved

The Vizag incident has shaken the very soul of the people and forced the evacuation of thousands in this current situation where the whole world is dealing with this pandemic situation. The chemical, styrene which was involved in the disaster struck plant, is included in the schedule of manufacture, storage and import of hazardous chemical rule,1989. There are strict norms on how it should be stored and handled. It is a flammable liquid that is used in manufacturing of polystyrene plastics, fiberglass, rubber, and latex. Short Term Exposure to styrene can result in respiratory problems, irritation in the eyes, irritation in the mucous membrane, and gastrointestinal issues. Long-Term Exposure can affect the central nervous system drastically and lead to other related problems like peripheral neuropathy. It can also lead to cancer.   

Compensation for Victims

After this miserable incident, The Andhra Pradesh government took a major step by announcing compensation of Rs. 1 Crore to the families of the people who had lost their lives, Rs. 10 Lakhs to the victims undergoing treatment on ventilators and Rs. 1 Lakh to the other victims who were hospitalized. It was made clear by the Government that the aforesaid compensation would be in addition to the compensation by LG Polymers. Moreover, the High Court of Andhra Pradesh took Suo motu cognizance of the incident and directed the State to take all necessary steps to mitigate the loss that may be caused due to this incident. Consequently, the National Green Tribunal (NGT) also took Suo motu cognizance of the incident and directed the company to deposit an initial amount of Rs 50 crores with the District Magistrate, Visakhapatnam. The Civil Appeal preferred against this Order before the Supreme Court has been kept pending. However, the Supreme Court neither issued notice nor, did it interfere with impugned order of the NGT. The NGT invoked the principle of ‘strict liability’ against LG Polymers for adversely affecting the public health and environment through its failures.  Strict liability, a legal doctrine that holds a party responsible for their actions or products, without the plaintiff having to prove negligence or fault.

Furthermore,  an affidavit was submitted by the company to the State Environment Impact Assessment Authority on 10th May, 2019 admitting that the unit did not have ‘environment clearance substantiating the produced quantity issued by the competent authority for continuing operations’ from the Ministry of Environment and Forests (MoEF). The affidavit submitted by the company proves the fact that there was clear hobnobbing and negligence of the government officials who were involved and designated by the respective government departments to ensure compliance of the environmental laws, and thereafter issue commencement certificate. It also brings out the fact that LG Polymers did not have the requisite permissions and clearances right from the inception. However, the chemical plant carried on the industrial activities without any mandatory clearance and the facts prove that the industry was even de-listed as it refused expansion as per the directions of the ministry, yet it carried on the production and the negligence of the authorities, both at the Centre and at the State.

The Andhra Pradesh High Court in Poisonous gas leakage in Visakhapatnam v. State of Andhra Pradesh issued directions in which the Government was ordered to seize the company premises of the LG Polymers chemical plant, Vizag and the directors were not allowed to enter the premises. In addition to this, assets, fixture, machinery and contents were not allowed to be shifted without Court’s permission.

Conclusion

If we consider the aforementioned incident of gas leak , then it seem as the strict liability invoked by the NGT was wrong as the the facts and circumstances of the case of LG Polymers, it is evident that the nature of the substance used and the activities of both the companies (UCIL and LGPI) are similar in nature, and thereby, the principle of absolute liability should have been applied in this case too. the application of the principle of absolute liability does not require the cause of incident or the ‘consent’ of the facility’s operators to be known to make any enterprise liable. The liability is triggered by the mere escape of hazardous substances, irrespective of the cause. Hence, NGT should have invoke the absolute liability. In my opinion , the  government officials involved  should be taken to task immediately by the High Court and departmental inquiries should be initiated against such  officials and it should be seen that the people responsible in our system along with the Directors of the Company, are awarded the maximum punishment for such deliberate negligent act, which claimed innocent lives. Only then, it can act as a deterrent for other officials and companies who act in such brazen defiance of the statutory norms. This incident proves the very fact that no matter how much we try, until and unless we raise our voice against corruption, innocent lives will continue to get sacrificed.

Latest Posts


This article has been written by Khan Mahenoor pursuing law from Rizvi Law college. The pictorial image has been taken from Forbes

What is Tax?  A Tax is a compulsory financial charge or some other type of levy Imposed  upon  a person by a state in order to fund government spending and various public expenditures.  A failure to pay the tax is forsooth Punishable by law.  In simple words, The tax is the compulsory pecuniary payment made by the citizens to the state Without any quid pro quo. The government collects  taxes to meet its development and administrative needs. It is through Tax a citizen is connected to Government. A citizen paying tax automatically Acquires a right to enjoy the facilities provided by the government and that he is filled with national pride. It can be paid either in money or  in labor In modern terms, taxation transfers wealth from households or businesses to the government. This has effects which can both increase and reduce economic growth and economic welfare. If we trace back to  time the first known taxation took place in Ancient Egypt around 3000–2800 BC.

How do Taxes contribute in economic growth of a nation?

Taxation Pay and Fund public  is a vital element in the social agreement and bond between the economy and the citizens. It promotes growth and progress in a nation’s economy and social programs.

These taxes are  usually levy  on income, sales, property, estates, imports, capital gains, dividends, goods and services, as well as other various fees. As citizens of the country It is a Responsibility of people to pay taxes which would help in the growth and progress of the economy and the World. 

The Governments wouldn’t be competent  enough to meet the societies’ demands and needs without imposing taxes. Taxes are essential for  finance, social programs and projects. It can  however  affect a country’s condition and status of economic growth. Generally, taxes add to a country’s GDP or Gross Domestic Product. As a result of this contribution, taxes aid in the growth of the economy, which depends on  Economy of the country, for instance an increase in the creation of jobs for citizens, a rise in the standard of living, and much more.

Tax is more than just a source of revenue and growth. It also plays a key role in building up institutions, markets and democracy through making the state accountable to its taxpayers. In developing economies a lack of tax structures is a major cause of weak, unresponsive governance. It often enough leads to an overreliance on aid. With tax, the public can hold governments to account for their decisions, and not feel tied to the will of people . And because tax revenues are relatively predictable, governments can plan ahead with greater certainty.

Types of Taxes

Mainly, there are two kinds of taxes defined under the Indian tax system, which get further Sub -divided into other categories: 

1. Direct taxes

2. Indirect taxes 

A direct tax is a tax an individual or organization pays directly to the imposing entity. In Simple words,It is a tax levied directly on a person who pays it to the Government and cannot pass it on to someone else. It cannot be passed onto a different person or entity; the individual upon whom or which the tax is levied is responsible for the fulfillment of the full tax payment.  For example 

Real property tax, personal property tax, income tax, Wealth Tax, Gift Tax, Expenditure Tax, Fringe Benefit Tax or taxes on assets etc. They are  usually based on the ability-to-pay principle. The principle states that those who have more Affluence or earn a higher income should pay more taxes. The Central Board of Direct Taxes (CBDT) overlook the direct taxes in India, and they cannot get transferred to any other individual or legal entity

Example of Direct Tax

If a person’s income tax is an example of a direct tax. If a person makes $100,000 in a year and owes $33,000 in taxes, that $33,000 would be a direct tax

An indirect tax  is a tax collected by an intermediary from the person who bears the ultimate economic burden of the tax (such as the consumer). In Simple terms, Taxes that get imposed on products and services when they are bought and sold are called indirect taxes, Term indirect tax is Contrasted with a direct tax, which is collected directly by the government from the Persons ( on whom it is imposed).It is supposed to be refunded to the parties that are involved in the production process (and not the final consumer) however 

 This is a consumption tax which is imposed on the supply of services and goods  Every step of the production process of any goods or value-added services is subject to imposition of GST. 

Example of Indirect Tax

It could be any fuel, liquor, and cigarette taxes. An excise duty on motor cars is paid in the first instance by the manufacturer of the cars; ultimately, the manufacturer transfers the burden of this duty to the buyer of the car in the form of a higher price. Thus, an indirect tax is one that can be shifted or passed on. The degree to which the burden of a tax is shifted determines whether a tax is primarily direct or primarily indirect.

Conclusion

On a larger perspective, we can agree that both direct and indirect taxes are important for the betterment of our economic growth and development 

Latest Posts


ADRC

We at ADRC value knowledge above and beyond everything. We believe that learning must not be stopped in the face of even the most dire circumstances. Which is why even a global pandemic has not doused our commitment towards providing all people eager to learn with an opportunity to tap in their skills and rediscover their hidden potential. Our goal is to provide the participants with an experience both enlightening and enjoyable. Keeping this in mind,  ADRC 2020 is proud to present before you the newest, most exciting event of this year:  The first ever COMMERCIAL NEGOTIATION COMPETITION. A competition Bigger, Bolder and Better than all that preceded it.Previously, in the years where only the invitations were meant to be virtual, we have had Eight triumphant editions of Asia’s oldest and most prestigious Mediation tournament, NLIU-INADR. While we shall be taking the streak forward with the ninth edition, it has been pushed to a later date. But until then, we have decided to introduce the same energy, remotely, by moving forward and providing all of those who have been a part of the NLIU-INADR family with the 1st NLIU International Negotiation Tournament. So, join us from 28th October – 01 November 2020, in making this tournament one of the most memorable events of your quarantine. We aim to give you innumerable moments to cherish until we pull through this pandemic

GENERAL DETAILS OF THE COMPETITION

I. FORMAT OF THE COMPETITION

The nature of the Tournament shall be that of a Commercial Negotiation, involving 2 participants from each participating team, viz. the Client and the Counsel. Owing to the technical difficulties over Virtual Rounds, the number of teams will be restricted to 24, which would be shortlisted on the basis of CVs.

Further, we plan to make it mandatory for each participant to play the roles of both Client and Counsel in the Preliminary rounds, i.e. if a client participates as a Client in the first preliminary round, he is obligated to participate as a counsel in the second preliminary round and vice-versa for his team partner. The time- limit shall be 60 minutes for the Preliminary Rounds, and 90 minutes for the Advanced Rounds.

II. ELIGIBILITY

The participation is limited to students pursuing their primary degree in law (LLB, BCL, JD or equivalent).

III. REGISTERATION FEE

  For Participants 

₹ 4000 – For Indian Teams 

 $ 100  – For Foreign Participants

IV. SELECTION CRITERIA

  • Performance/participation at previous mediation or negotiation competitions.
  • The overall experience of the applying student in various co-curricular activities like mooting and debating
  • Representation of geographic and cultural diversity

FOR PARTICIPANTS

REGISTER AS A PARTICIPANT

FOR EXPERT ASSESSOR’S (JUDGES)

REGISTER AS AN EXPERT ASSESSOR

Contact Details

Email: adrc(at)nliu.ac.in

For more information visit here http://www.nliuadrportal.com/1st-nliu-negotiation-competition-2020/nliu-international-negotiation-tournament-2020/

About the Organization

The National Commission for Women (NCW) is the statutory body of the Government of India, generally concerned with advising the government on all policy matters affecting women. To strive towards enabling women to achieve equality and equal participation in all spheres of life by securing her due rights and entitlements through suitable policy formulation, legislative measures, effective enforcement of laws, implementation of schemes/policies and devising strategies for solution of specific problems/situations arising out of discrimination and atrocities against women.

The National Commission for Women [NCW] is opening a job post of Junior Technical Expert [Law].

Eligibility

Candidate applying should have a degree of LL.B.

Number of Vacancies

1- (one)

Salary

Rs. 40,000/-

Application Procedure

Interested candidates are required who wish to apply may send copies of their application in the prescribed proforma along with copies of relevant documents to the Under Secretary (Establishment), National Commission for Women, Plot Number 21 Jasola Institutional Area, New Delhi 110025 by or before the 15th of September 2020.

The applications may also be forwarded through email to jsncw-wcd@nic.in.

For the official notification of the Junior Technical Expert [Law] job, click here.

Abstract

This article is written by Pooja Lakshmi (l19blb076@bennett.edu.in), studying BBA-LLB at Bennett University, Greater Noida. The fixed legal transfer of all parental rights from one person to another or couple is called adoption. Adoption is considered a sacramental act, and it is a very disappointing state that these children become victims of sexual violence and human trafficking cases in some cases. In contrast, in many other cases, children are taken to an adoption agency by luck, and they may hope for a better life while waiting to be adopted. This article is a summary of the conditions and effects of the adoption of both parents and children.

Introduction

Adopting a child is an act of bringing in a stranger in the family by creating filial consanguinity with the family. Making an adoption leads to the snapping of the relations from the child’s family of birth and creating similar homogenous relations in the family of adoption.

The custom and implementation of Adoption in India date back to prehistoric times as per the texts of Vasishtha and Baudtaayana, like old texts that confer the adopted son’s right to inherit in the family of adoption. Daya – Bhaga recognizes an adopted son in the list of heirs. However, the aim with which the act is carried has differed, and now the act of adoption still remains unchanged.

Children are considered to be a cluster of joy, and the future of our world depends on them. Meanwhile, children born in India are being taken care of, pampered, and given all the necessities for their all-round development, whereas on the other hand, more than 60,000 children are being abandoned per annum in India. Adoption is not permitted in India according to the personal laws of Muslim, Christian, Parsi’s, and Jews; instead, they choose guardianship of a child through the Guardianship and Wards Act 1890.

There is no variation between the rights of adoptive parents or the biological parents, and an adopted child has all of the social, legal, emotional, and relationship benefits of biological children. Citizens of India who are Jains, Sikhs, Hindus, or Buddhists are allowed to traditionally adopt a child by The Hindu Adoption and Maintenance Act of 1956. Few reforms brought to ease the institution of adoption and restrictions have changed over time.

The adoptive parents can not ask to adopt a particular child. In case of preferences for a specified, adoption may take longer to match the needs (which include skin color, age like preferences), thus reducing the pool of kids available for adoption.

The Hindu Adoption and Maintenance Act, 1956

Every Hindu can do an adoption from the time of attaining the age of consent and are of sound mind. This act brings a fair play by removing gender-based bias or discriminatory factors by reflecting equality and social justice principles.

S.6 to S.11 of the Hindu Adoption and Maintenance Act (HAMA) clearly states the necessary conditions for a valid adoption. Section 7 and Section 8 of the act states the capacity of a male and female Hindu to take in adoption. Section 9 of the act specially mentions the person capable of giving in adoption very clearly. Section 10 states the specifics of a person who can be adopted. Section 11 states various conditions for a valid adoption. Section 12 states the effects of adoption and under Hindu law (both old and new) as the child’s adoption means that the child is deracinated from the natural-born family and transplanted to a new family. Section 13 states the right of adoptive parents to dispose of their properties, which says that an adoption does not require the adoptive father or mother of the power to dispose of their property by any means. Section 15 states that valid adoption cannot be canceled, and thus, no adoption that has been made validly can be canceled by the adoptive parents or any other person. Moreover, the child cannot renounce his or her status and return to the family of his or her birth. Section 16 states the presumption as to registered documents relating to adoption, which thereby explains that any document registered under any law for the time being in force is produced before any court to record an adoption made and is signed by the person giving and taking the child in adoption. In this case, the court shall presume that the adoption has been made in compliance with this act’s provisions until it is disproved. Section 17 prohibits any payment or other rewards in consideration of any person’s adoption, and no person shall give or agree to give any other person any payment or reward.

Guardian and Wards Act, 1890

Hindu Adoption and Maintenance Act covers the guidelines for the Hindu society. There was a need to make a law that was sensitive to other religion’s privacy laws that were not mentioned under the Hindu Adoption and Maintenance Act 1956, leading to the rise of  the Guardians and Wards Act of 1890 .

The Guardian Wards Act, 1890, was the sole non-religious universal law regarding a kid’s guardianship and applied to every state in India except Jammu and Kashmir. This law is mainly applicable for Muslims, Christians, Parsi’s, and Jews because their laws do not permit full adoption. It is applied to every child regardless of race or creed.

Eligibility to adopt child in India

The nodal agency to monitor and regulate in-country and intra-country adoption is the Central Adoption Resource Authority (CARA). It is a part of the Ministry of Women and child care.The following are certain essential conditions in order to be eligible to adopt a child:

  • Any orphan surrendered, or neglected child is legally declared free for adoption by the child welfare committee as per the guidelines given by the Central Government of India.
  • A child without a guardian or legal parent is called an orphan; inclusive, they cannot take care of themselves.
  • When the child is unaccompanied by parents or guardians, the child welfare committee has declared them abandoned.
  • Renounce on account of social, physical, and emotional factors that are beyond the control of parents or guardians is regarded as a surrendered child as declared by the child welfare committee.
  • In the case of adoption, a child requires to be “legally free.” A child is observed to be legally free if even after trying level best, the police fail to find the birth parent or guardian of the child.

Conditions to adopt a child in India

  • The adoptive parents need to be physically,  mentally, financially, and emotionally stable. They should not be suffering from any life-threatening diseases.
  • Couples with three or more children are forbidden from adoption unless it has a valid reason.
  • A single female is allowed to adopt a child of any gender, whereas a single male is restricted from adopting a girl child.
  • The age limit of a single parent should be less than 55 years.
  • In the case of a couple, the cumulative age should not exceed 110 yrs.
  • On the date of registration, parents’ age should be as per the guidelines of CARA.

Steps to adopt a child in India

  • REGISTRATION – Adoptive parents must register with an authorized agency where the social workers will explain the process and complete the legal formalities, paperwork, and general preparation required for registration.
  • HOME STUDY AND COUNSELLING – The registration agency’s social worker visits the house of the adoptive parents to do a home study. The agency needs to make the adoptive parents attend counseling sessions to understand the preparation strengths, motivation, and weaknesses of the adoptive parents. The home study is to be completed within three months from the registration date and can only proceed to the counseling session.
  • REFERRAL OF THE CHILD –  The agency shall adumbrate the interested couple when there is a child ready for adoption along with the medical reports, physical examination reports, and other relevant information with the couple. When the couple is comfortable with the details shared, they are given some time to spend with the child.
  • ACCEPTANCE OF THE CHILD – Provided that the parents are comfortable with the child, they need to sign certain documents pertaining to the acceptance of the child.
  • FILING OF PETITION – The necessary documents should be submitted to a lawyer, and a petition should be prepared and presented to the court. The adoptive parents need to visit the court and sign the petition in front of the court officer.
  • PRE-ADOPTION FOSTER CARE – After the petition is signed in the court, the child is taken to a pre-adoption foster care centre by the adoptive parents to understand the habits of the child before taking the child home.
  • COURT HEARING – Along with the child, the parents have to attend a court hearing, held in a closed room where the judge might ask a few questions and mentions the amount that needs to be invested in the child’s name.
  • COURT ORDER – The judge will pass the adoption orders once the receipt of the investment made is presented in front of the judge.
  • FOLLOW UP – After the post-completion of the adoption, the agency henceforth needs to submit follow-up reports to the court on the child’s well-being that may continue for 1–2 years.

Post Adoption follow-up for In-country adoptions is conducted for two years on a six-month basis from the date of pre-adoption foster placement of the child with the PAPs and report uploaded in CARINGS.[1] In case of adjustment problems or disruption, the process to be undertaken is specified. [2] In case of dissolution, the application for annulment of the adoption order shall be filed in the court which issues the adoption order.[3]

NOC For Inter-country Adoptions:

All Inter-country Adoptions shall only be under the provisions of S. 56(4) JJ Act & AR 2017.[4]

NOC is mandatory for all the Inter-country Adoptions under the Hague Convention.

It is issued by the Central Authority of the sending country (CARA) after the receipt of Article 5 & 17 from the receiving country.

Conclusion

The adoption laws have improved tremendously, but many childless parents cannot adopt a child due to a lack of a uniform code. There should be no bias in the adoption of a child. Adoption brings happiness to kids who were left out alone. Adoption allows the human side of civilization to shine. Moreover, it is a helpful program where the kid is treated as a natural-born child and given all the love, care, and attention. It fills the emptiness in the parents who wish for having kids and enjoying their laughter and mischief; hence, echoing off  home’s walls. Even now, a couple of changes could be made to make laws more uniform regarding adoption.

If you have the heart for adoption, do not let the fear stand in the way, because parenthood requires love, not DNA.


[1] Schedule XII of AR 2017 (Reg 13(1) of AR 2017).

[2] Schedule XII of AR 2017 (Reg 13(5)(6) of AR 2017).

[3] Schedule XII of AR 2017 (Reg 13(7) of AR 2017).

[4] Juvenile Justice Act, 2015 & AR 2017 (Section 56(4) of the JJ Act).

Latest Posts


This article has been written by Aashika Aggarwal pursuing BBA-LLB (H) from Amity University, Gurgaon

The term Constitutional morality can be defined as a moral responsibility of an individual to be faithful towards constitutional values and uphold them with utmost integrity, without any compromise. In 2018, the Supreme Court has passed historical judgments that underly Constitutional morality and on Constitutional day of November 26, there was a debate on Constitutional morality between the Supreme Court and the government of India.

As indicated by Dr. Ambedkar, constitutional profound quality would mean successful co-ordination between the clashing interests of various individuals and the authoritative collaboration to determine them agreeably with no encounter among the different gatherings working for the acknowledgment of their finishes at any expense. It established ethical quality has been viewed as central worship for the Constitution.  Established ethical quality gives a principled comprehension to unfurling crafted by the administration. It indicates standards for organizations to endure and a desire for conduct that will meet the content as well as the spirit of the Constitution. It additionally makes overseeing organizations and agents responsible. Constitutional morality is scarcely a new concept. It is written largely in the Constitution itself like in the Section of Fundamental Rights (article 12 to 35), Directive Principle of State Policy (article 36 to 51), Preamble, and Fundamental Duties.

Constitutional morality involves adherence to noble principles enshrined in the Constitution of India. Constitutional morality gives adherence to the core principles of constitutional democracy. While the word morality has been used only four times in the Indian Constitution (twice in article 19 and twice in right to religious freedom under article 25 and 26), and it continues to be invoked by the Supreme Courts in many rights claim cases like surrogacy, speech, and sexual orientation, etc.

Constitutional morality can use laws and forms to impact and change the persisting social morality. For example- for abolishing the practice of Sati by legislation, the right to dignity and life was passed on to widows which later on affected the perception of the practice in the society.

Constitutional morality is not limited only to following the constitutional provisions literally but vast enough to ensure the ultimate aim of the Constitution, a juridical scenario providing an opportunity to unfold the full personhood of every citizen, for whom and by whom the Constitution exists. It specifies norms for institutions to survive and an expectation of behavior that will meet not just the text but the soul of the Constitution as well.

Scope

The scope of Constitutional morality is not limited only to following the Constitutional provisions but it is so broad that it includes a commitment to the inclusive and democratic political process in which the individual and collective interests are satisfied.

The judiciary as an interpreter of the Indian Constitution has effectively used Constitutional morality to overcome age-old social ills which have continued on the ban of popular morality. Some of the recent judgments wherein the doctrine of progressive realization and Constitutional morality are applied are as follows under:-

  1. Decriminalization of homosexual activity
  2. Opening of Sabarimala temple to women of all age groups
  3. Ban on triple talaq as it discriminated against women

Constitutional morality recognizes plurality and diversity in society and tries to make individuals and communities in society more inclusive in their functioning by constantly providing the scope for improvement and reforms.

A five-judge bench of the Supreme Court of India in the case of NAVTEJ SINGH JOHAR V. UNION OF INDIA deployed this framework to reaffirm the rights of LGBTQ and all gender-conforming people to their dignity, life, liberty, and identity. Chief Justice of India, DIPAK MISRA set out four cardinal corners of the Constitution: individual autonomy and liberty; equality sans discrimination; recognition of identity with dignity; right to privacy.

Sources of Constitutional Morality

  1. Text of the Constitution especially the preamble which lays down the broad objectives of liberty, equality, justice, and fraternity for the constitution.
  2. The constitution assembly debates as it enables us to understand the minds of our Constitution makers.
  3. Events that took place during the framing of the Constitution especially the sectarian violence and secessionists groups enabled us to adopt a secular federal and democratic Constitution.
  4. Previous case laws history also helps us in better interpretation of the critical situation.

Thus, the Constitutional morality balances popular morality and acts as a threshold against an upsurge in mob rule.

The doctrine of Constitutional morality is used in the course of judicial review. According to this the interpretation of law should be based on the values given in the Constitution, i-e, according to the spirit of the Constitution and not on the wordings of the Constitution.

Elements of Constitutional Morality

  1. Rule of law
  2. Individual liberty
  3. Right to equality
  4. Freedom of choice
  5. Preamble
  6. Freedom of expression
  7. Social justice
  8. The procedure established by law
  9. Due process of law

In the case of PUTTUSWAMY V. UNION OF INDIA, the nine-judge bench unanimously declared that the right to privacy is a fundamental right upholding the Constitutional value of individual liberty.

Impact of Constitutional Morality

  • Curtailed encroachment on judicial autonomy
  • Strengthened judicial supremacy and institutional independence
  • Protects against arbitrary practices
  • Regulates majoritarianism
  • Promotes Constitutional values and philosophy

Problems with Constitutional Morality

  • Promoting judicial supremacy over parliamentary supremacy
  • Violative of the principle of separation of powers
  • Violates the very principle of democratic government
  • Leads to judicial domination

Conclusion

Constitutional morality is a sentiment to be cultivated in the minds of a responsible citizen. Upholding Constitutional morality is not just the duty of the judiciary or state but also of individuals. The preamble of the Constitution explicitly mentions the type of society we wish to establish; it is only through Constitutional morality it can become reality. It creates awareness among the common public regarding their rights which are protected by the Constitution of India.

Latest Posts


This article has been written by Yash Mittal pursuing 1st year LLB from Mewar Law Institute. The article gives a reference into what bio-terrorism is, how does it take place, what are various classifications under agents of bio-terrorism and much more. It also answers whether Covid-19 was a bio terror attack or not?

National Human Rights Commission defines Terrorism as a forceful and unlawful method to achieve the desired goal and affects almost every sphere of human life, be it economic, political, or social. In a broad sense, terrorism is the antithesis of independence, rendering it meaningless. In the Indian context, terrorism has been inspired by political, ideological, and ethnic factors that threaten to destroy the social fabric. Thus, it becomes pertinent to check terrorist activities to enable citizens to enjoy their social, economic, and political rights. One of the forms of terrorism is Bio-terrorism. The intentional use of biological agents and their by-products as a biological weapon for the use of terrorism. These agents are the virus, bacteria, or toxins for creating fear and mass destruction to the large population and can easily be found in nature. Sometimes these agents into new forms that are immune to the vaccine. 

Classification

1) Category A – Needs special attention, disseminates easily in the environment, high mortality rate. 

Example- Bacillus anthracis, Variola major, Arenaviruses, Yersinia pestis. 

2) Category B- Moderate morbidity rates and low mortality rate, moderately easy to disseminate. 

Example- Alphaviruses, Brucella species, Salmonella species, Vibriocholerae. 

3) Category C- Emerging infectious diseases threat, Easily produced, Potential for high morbidity and mortality. 

Example- Hantavirus, Nipah virus 

How Does the Virus Spread?

Biological agents don’t require any advanced technology or expensive equipment as it can be easily transmitted through birds, animals, water, air, and person to person. To target the masses, the air is used as a source to infect people. 

History

Many times biological agents have been used for biological warfare throughout history:

1) In the 18th century, European countries attacked North America by sending them tents and blankets which were used by the patients suffering from smallpox which led to huge distress in North America 

2) The actual destruction caused by biological warfare was seen in World War 1 where chlorine and mustard gases were used, 90,000 people were killed and millions of people had to suffer due to this. 

3) In World War 2 (1935-1936), a war between Italy and Ethiopia, Italy used mustard gas. 

4) In 1980 Iran attacked Iraq with biological weapons. 

5) In August 2013, The Ghouta chemical attack occurred in Ghouta, Syria, during the Syrian civil war. And were struck by rockets containing sarin gas. 

6) In April 2017, The Khan Shaykhun chemical attack took place. 

India’s Perspective

– In Shanghai cooperation organization (SCO) first military medicine conference, India’s defence minister Mr. Rajnath singh said, the armed forces and it’s medical services have to be at the forefront of combating this menace 

– Use of biological weapons are a real threat to humanity. 

– India hosted the First military cooperation event at New Delhi 

Conventions related to Bio-Warfare

1) 1925- Geneva protocol prohibits the use of chemical and biological weapons in war. 

2) 1972- The Biological Weapons Convention (BWC), the first multilateral disarmament treaty banning the development, production, and stockpiling of an entire category of weapons of mass destruction 

3) 1993- Chemical weapons convention (CWC). Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction. 

4) 1997- Organization for the prohibition of chemical weapons (OPCW) was established with 193 members. 

Nuclear Weapons v Biological Weapons

Anthrax is considered to be the deadliest biological weapon, only a few grams of anthrax is enough to kill millions of people and can do more destruction than a nuclear weapon. 

2001 anthrax attack occurred on 18sept 2001, just one week after the 11sept 2001 terrorist attacks. Letters were sent to news media offices and to democratic senators containing anthrax spores. 5 persons died and 17 were injured. 

After the formation of the Chemical weapon Convention (CWC)and Biological weapons convention (BWC), it was believed that in the future there is no use of biological agents as weapons in wars because in recent times biological weapons were seen as a threat to the whole world. 

But now, it was believed that all terrorist groups may have biological weapons. And Terrorists are now more tilt towards biological weapons because it was difficult for the security agencies to counter them. 

The effect of biological weapons was not visible immediately but it takes some time to react which helps the terrorist groups to leave easily. 

The effect of biological weapons is long term, and due to this it also affects the economy, social structure, and political structure of that country. 

Bio-terrorism is considered to be a bigger threat than nuclear attack because it requires fewer people and does not require advanced technology. 

Is Covid-19 an act of terrorism?

Covid-19 created huge distress in the whole world and every nation and each one of us had to face it’s I’ll effects. But can COVID is a deliberate act of Bio-terrorism to create bio warfare. It is difficult to prove whether it is an intentional act of humans or it spontaneously occurs from nature. It was believed that it all began with an accidental release of the Covid-19 virus from a laboratory.  But it may not be possible in the future to prove that it is an act of bioterrorism. 

Conclusion

From the above, we can infer that a World, where humanity has been replaced by hatred and creating terror in the minds of people, is common in the name of religion, race, caste. Where peaceful negotiation can answer to all the problems, war and terrorist attacks were seen as the only way to settle the equations. To tackle the Bio- terrorism, the nation had to prepare for all the situations, and have to give more emphasis to public health sectors. Coordination between security agencies, intelligence agencies, health departments is a must. More laws should be made and enforced. 

Chemical convention weapons(CWC) and Biological weapon convention (BWC) had to regulate their Rules and Regulations more effectively. Cooperation between nations is a must and had to work to make the world a better place. 

Latest Posts


This article has been written by Prithiv Raj Sahu, a student of KIIT School of Law, Bhubaneswar (4th year). He can be reached on his LinkedIn account (https://www.linkedin.com/in/prithiv-raj-sahu-4b6994192) or mobile phone (8249588448)

Public Policy

Public policy is the principled guide to action taken by the administrative executive branches of the state with regard to a class of issues, in a manner consistent with law and institutional customs.

Features of Public Policy

  1. Policy is solution to issue or problem (policy demands) that is brought on agenda of government and requires attention
  2. Policy may be in form of law, or regulation, plan, program, schemes, guidelines, codes or combinations of these
  3. Policy what government actually does, not just what it intend to do
  4. Policy is sustained course of actions taken over time not discrete decisions
  5. Policy output vs. outcome
  6. Output – measurable physically results of policy
  7. Outcome – policy’s consequences on target group/society

Who makes Public Policy?

Legislature, executives (govt.),and judiciary make policies

  1. Legislature policy – Energy conservation Act 2001; reservation quota for disadvantaged groups, Aadhar Act, etc.
  2. Executive policies – MANREGA, Ayushman Bharat Mission, Mid-Day Meal, DBT, etc.
  3. Policies emanating from judiciary – creamy layer policy in reservation, policy of judges appointment, auction of natural resources.

Types of Public Policy

  1. Arena of policy making – legislative vs. administrative vs. judicial
  2. Substantive vs. procedural – Ex: substantive: reservation quota in jobs; Procedural: Administrative reforms
  3. Policy issues – education, foreign, defence, economic, environmental, etc.
  4. Distributive and re-distributive – Ex: distributive: universal basic income; re distributive: land reforms
  5. Regulatory and self-regulatory – Ex: regulatory: RERA, pollution control acts; self-regulation: press council, medical council
  6. Material vs. symbolic – Ex: farm loan waiver; symbolic: national anthem in cinema hall
  7. Policies involving public goods vs. private goods – Ex: public good: nationalization of banks; private good: privatization policies.

Corporate Veil

A company has a separate district legal entity from the persons who constitute it. Thus, a company in legal terms is a totally different person called as an artificial or legal person. Thus, it a concept which segregates the liability of company from its makers and protects them from being personally liable.

Origin of Corporate Veil Doctrine

The doctrine of Lifting the Corporate Veil owes its origin to the concepts of Separate Legal Entity and Limited Liability. The company is an entity different from its shareholders. Therefore, the shareholders’ liability is limited to their contribution in the shares of the company. But when the corporate veil is lifted the shareholders become personally liable, and the liability of the shareholders becomes unlimited for the liabilities of the company.

The concept of Limited Liability was developed in the 17th century in England. Before that, people were afraid of investing in companies as they believed that it may land them into unlimited liabilities for the acts of their partners as well. With the passage of time investment requirements increased but people were reluctant to invest due to high risk. So, to boost the investment the concept of limited liability was introduced.

With the inception of the principle of limited liability and separate legal entity the position of the investors became safer but the risk for creditors increased. The creditors could recover their loan amount from the assets of the company only, and they could not hold the shareholders liable for their debts. This has the probable effect of covering the shareholder’s risk while, consequently, their chance for gain is unconditional. Evidently, corporations exist mainly to protect their shareholders from personal liabilities for the debts of the company.

The shareholders widely misused this advantage. To protect the creditors from fraudulent activities of the shareholders the doctrine of Lifting the Corporate Veil was developed.

Concept of Lifting the Corporate Veil

One of the main characteristic features of a company is that the company is a separate legal entity distinct from its members. The most illustrative case in this regard is the case decided by House of Lords

Salomon v Salomon

FACTS: Salomon transferred his business of boot making, initially run as a sole proprietorship, to a company (Salomon Ltd.), incorporated with members comprising of himself and his family. The price for such transfer was paid to Salomon by way of shares, and debentures having a floating charge (security against debt) on the assets of the company. Later, when the company’s business failed and it went into liquidation, Salomon’s right of recovery (secured through floating charge) against the debentures stood a prior to the claims of unsecured creditors, who would, thus, have recovered nothing from the liquidation proceeds. The liquidator sought to overlook the separate personality of Salomon Ltd., distinct from its member Salomon, so as to make Salomon personally liable for the company’s debt as if he continued to conduct the business as a sole trader.

ISSUE: Whether, regardless of the separate legal identity of a company, a shareholder/controller could be held liable for its debt, over and above the capital contribution, so as to expose such member to unlimited personal liability?

JUDGMENT:  A company is a separate legal entity distinct from its members and so insulating Mr Salomon, the founder of A. Salomon and Company, Ltd., from personal liability to the creditors of the company he founded. The court also upheld firmly the doctrine of corporate personality, as set out in the Companies Act 1862, so that creditors of an insolvent company could not sue the company’s shareholders to pay up outstanding debts.

The court has been extremely protective of the Salomon principle, and it is only in extreme circumstances that they will consider the veil.

Further inLee v. Lee’s Air Farming Ltd, it was held that there was a valid contract of service between Lee and the Company, and Lee was therefore a worker within the meaning of the Act. It was a logical consequence of the decision in Salomon’s case that one person may function in the dual capacity both as director and employee of the same company.

The circumstances under which corporate veil may be lifted can be categorized broadly into two following heads

Judicial Provisions

  1. Fraud or improper conduct
  2. For benefit of revenue
  3. Enemy character
  4. Company avoiding legal obligations
  5. Single economy entity
  6. Agency or trust
  7. Public Interest

Statutory Provisions

  1. Reduction of number of members
  2. Fraudulent trading
  3. Misdescription of the company  
  4. Holding and subsidiary companies

Conclusion

Public policy represents a decision, made by a publicly elected or designated body, which is deemed to be in the public interest. Policy development involves the selection of choices about the most appropriate means to be desired end. A policy decision is the result of a method, which in theory at least, considers a range of options and the potential impact of each.

As a result of incorporation an incorporated company the corporate veil an essential while evaluating the company’s character. The defacto control of the company cannot vest in an enemy character. Enemy character of a company is against public policy. However, this principle as a judicial ground for lifting the corporate veil is seldom used or applied for it has the prerequisite scenario war.

Latest Posts


About IDIA

IDIA Charitable Trust (IDIA or Increasing Diversity by Increasing Access to Legal Education) is a pan-India movement founded by Prof. (Dr.) Shamnad Basheer to train underprivileged students and help transform them into leading lawyers andcommunity advocates.

IDIA is premised on the notion that access to premier legal education empowers marginalized communities and helps them help themselves. IDIA selects and trains students from underprivileged backgrounds (IDIA Trainees) to crack top law entrance examinations in India.

Once they are admitted to top law colleges, it provides a scholarship to these students (IDIA Scholars) that comprises financial support, training and mentorship among other things.

About the Competition

To pay homage to revered Professor (Dr.) Basheer and to remember his noble vision, IDIA Punjab Chapter organizes an Essay Writing Competition to contribute to the training of the underprivileged children and taking them a step closer to manifesting their dreams of pursuing legal education.

Objectives

  • To encourage the young creative minds of the country to come forward and present their knowledge and views on the broad spectrum of contemporary legal developments in the world and in India.
  • To use proceeds for promoting diversity, inclusivity and accessibility in legal education such as towards conducting sensitizations and training underprivileged students for law entrance examinations.

Eligibility

The competition will be open to all Indian students pursuing any undergraduate/postgraduate degree. The event is not restricted only to law students.

Themes

  • Constitutional Validity of the Citizenship (Amendment) Act, 2019
  • The South China Sea dispute
  • International Law Perspective on the India-China-Pakistan tussle
  • LGBTQIA Rights and Their Progression in the Indian Society
  • Abrogation of Article 370 of the Constitution of India
  • Patent battle for Licensing of the Covid-19 vaccine
  • Constitutional Analysis of the Ayodhya Verdict
  • Contempt of Court: Prashant Bhushan Controversy

Deadlines

The last date for the registration is September 19th.

The last date for the submission is September 29th.

Registration Fee

The registration fee for the Art Competition is Rs. 100/-

The registration fee for co-authors: Rs. 150/-

Submission Guidelines

  • Word limit: 1500-2500 words (excluding footnotes).
  • Individual attachments: Name; contact details; current academic status (Year, University etc.); undertaking as to guarantee of originality.
  • The file name must consist only the name(s) of the Author(s).
  • Citation- Uniform style of citation should be followed throughout the essay.
  • Plagiarized content should not be submitted.
  • Entries should be emailed to rgnulteam[at]idialaw.org under the subject title “IDIA Essay Writing Competition – [Name(s) of Author(s)]” in Microsoft Word (.doc or .docx) format.

Formatting specifications: 

  • Font and size for the essay: Times New Roman | 12
  • Font and size for footnotes: Times New Roman | 10
  • Line spacing: 1.5
  • Margins: Left 1.5 Inch and Right 1.0 Inch, Top 1 Inch and bottom 1 inch.

Prizes

  • Certificates of Participation to be awarded to all.
  • Certificates of Merit to be awarded to the Top 3 meritorious submissions.
  • The best submission shall win a cash prize of Rs. 1000/- along with an internship opportunity at IDIA.
  • The second-best submission shall win prize money of Rs. 500/-.
  • The best 3 submissions may be considered for publication on the official platform of IDIA.

Registration Process

Payment to be made at +918800450916 via Google Pay or Paytm UPI.

A screenshot of the same along with the transaction ID must be submitted in the registration form.

Contact Details

Queries regarding the competition should be mailed to rgnulteam[at]idialaw.org.

Tanya Mayal: +918196019150

Arnav Tandon: +918800450916