Month: June 2022

The Ministry of Law and Justice released notifications on 19th June 2022 regarding the appointment of the Chief Justice of the High Courts. The following have been appointed:

Shri Justice Satish Chandra Sharma, who is the Chief Justice of the Telangana High Court has been appointed as the Chief Justice of the Delhi High Court.

Shri Justice Ujjal Bhuyan who is the judge of the Telangana High Court has been appointed as the Chief Justice of the Telangana High Court.

Shri Justice Amjad Ahtesham Sayed who is the judge of the Bombay High Court has been appointed as the Chief Justice of the Himachal Pradesh High Court.

Shri Justice Vipin Sanghi who is the judge of the Delhi High Court, and also the acting Chief Justice of the Delhi High Court, has been appointed as the Chief Justice of the Uttarakhand High Court.

Shri Justice Shinde Sambhaji Shiwaji who is the judge of the Bombay High Court has been appointed as the Chief Justice of Rajasthan High Court.

Shri Justice Rashmin Manharbhai Chhaya, who is the judge of the Gujarat High Court has been appointed as the Chief Justice of Gauhati High Court.

They have been appointed by the President of India in consultation with the Chief Justice of India and according to the powers conferred by clause (1) of Article 217 and clause (1) of Article 222 of the Constitution of India.

Introduction

The term ‘Federalism’ has been originated from the Latin word ‘foedus’ which means ‘Covenant’. Federalism can be defined as “compound mode of government which combines the central government with the regional governments to form a single political system where the powers of the governments are divided among them”. According to the Stanford Encyclopedia of Philosophy, Federalism is defined as “the theory or advocacy of federal principles for dividing powers between member units and common institutions.”

The Constitution of India has opted for federal features into it. However, it has been never claimed by Constituent Assembly whether the Indian Constitution could be said as a federal constitution or not. 

Schedule Seven of the Indian constitution provides 3 lists under Article 246¹, they are: Union List, State List, and Concurrent List. Defense, trade and business, citizenship, insurance, banking, roads, railways, higher education, navigation, shipping, etc., matters are handled by the central government. While public order (excluding military, naval, and air force or any other armed forces under the purview of Central Government), state court fees, police, prisons and reformatories, Local Government, public health and sanitation, pilgrimage, etc., issues are dealt with the State Government. The final list i.e., the concurrent list contains the issues where both the state and Central governments have the jurisdiction. A few such issues are stamp duties, contempt of court, electricity, price control, forests, prevention of animal cruelty, etc.

When there is a conflict between both the state and the central government regarding the issues aforementioned in the concurrent list, the decision of the central government supersedes the state government. 

Features of Indian Federalism

The Indian Constitution has federal elements, yet it does not aspire to form a federation. The members of the Constituent Assembly were divided on whether the Indian Constitution could be labeled a federal constitution.

Written Constitution:

The most crucial aspect of a federation is that its constitution is formulated so that both the Union Government and the states may refer to it as and when required. The Indian Constitution is a written constitution that is the most detailed in the world. It establishes the Constitution’s supremacy since the Constitution empowers both the union and the states to be self-governing in their respective realms of government.

Rigid Constitution:

In a federal government, the method for altering the Constitution is often strict. Some revisions to the Indian Constitution need a special majority. Such an amendment must be approved by a majority of all members of each house of Parliament, as well as a two-thirds majority of those present and voting. In addition to this procedure, certain revisions must be accepted by at least half of the states. Following this process, the President, as the head of state, signs the amendment. Because in India, significant adjustments may be made via this approach. As a result, the Indian Constitution is appropriately referred to as a rigorous constitution.

Power Assignment:

There is a clear separation of powers in our Constitution, such that the States and the Centre are obligated to enact and legislate within their respective spheres of activity, and none violates or attempts to intrude on the duties of the other. Our constitution specifies three lists: the Union List, the State List, and the Concurrent List. The Union List includes 97 issues of national significance like defense, railways, postal service, and so on. The State List includes 66 topics of local relevance such as public health, police, and so on. The Concurrent List includes 47 topics that are vital to both the Union and the State, such as electricity, trade unions, economic and social planning, and so on.

Bicameral Legislature: 

In a federation, a bicameral system is thought crucial since units may only be awarded proportional participation in the Upper House. The Indian Constitution also established a bicameral legislature at the Centre, with the Lok Sabha and the Rajya Sabha. While the Lok Sabha is made up of persons who have been elected, the Rajya Sabha is largely made up of parliamentarians who have been elected by State Legislative Assembly.

Judicial Supremacy:

Another critical characteristic of a federation is an independent court to interpret and uphold the Constitution. To resolve issues between the Union and the States, the Supreme Court of India has original jurisdiction. It has the authority to declare a statute unconstitutional if it violates any provision of the Constitution.

The supreme court also has the power to deal with the disputes between the states and the union. Article 131 states about “the original jurisdiction of the supreme court. The constitution gives express powers to the supreme court to resolve the disputes among: Union and one or more states, Union and any state on one side and one or more states on the other side, Two or more states.”²

Article 262³ discusses “adjudication of conflicts connected to interstate rivers or river valleys. Parliament has the authority to enact legislation pertaining to any dispute over the use, distribution, or control of any interstate river or river valley’s waters. Furthermore, Parliament may pass legislation prohibiting the highest court and any other court from hearing such disputes or complaints.”

Article 263⁴ states about the “Establishment of the Inter-State Council” is discussed in this article. Suo moto, the President may form a council in the public interest and provide it with the following duties:

• Inquire about and advise states if they have disagreements.
• Investigate and debate a topic in which some or all states or the union and one or more states have mutual interests.
• Make suggestions on the issue and proposals for greater policy coordination.

Nature Of Indian Federation

Even though the Indian Constitution has opted for the Federal structure, it is hard to completely classify it as a true federation as the framers of the constitution have also incorporated the non-federal features in it. They are:

• The Constitution describes India in Article 1⁵ as “Union of States”. There can be two things that can be understood from this: Firstly, the states and unions have been bonded together but not with an agreement. Secondly, states can’t be separated or seceded from the union. However, the states and the union share the same constitution which would make it impossible to get out as it is a single framework. The federation is indestructible and this helps to maintain unity of the country. 
•  The Centre appoints state governors and may take over state administration depending on the governor’s recommendations or otherwise. In other terms, the Governor is the Centre’s representative in the States. The operation of the Indian federal system clearly shows that the Governor has served as the Centre’s envoy rather than the State’s leader. The Union government now has authority over the state administration. The Union’s authority over states after the announcement of a national emergency.
• The fairness of components in a federation is best preserved by their fair participation in the Upper House of the federal legislature (Parliament). This, however, doesn’t apply to Indian states. They are not evenly represented in the Rajya Sabha.
• The Chief Election Commissioner, Comptroller, the Auditor General, and a few other powerful appointments are given by the union. Besides, India has single citizenship which makes all the states abide by the constitution. This feature does not give the liberty to the states to propose amendments to the constitution. However, the Union parliament can only make amendments to the constitution.
• When an emergency is declared, our federal polity may be transformed into a highly centralized government under the terms of the Constitution. Power is legitimately centralized during an emergency. Parliament also has the authority to pass legislation on matters within the competence of the states.
• It has been clearly stated in the constitution that the Centre’s power is superior to the state and the state has the obligation to follow the orders of the Centre. According to Article 257 (1)- “The executive power of every State shall be so exercised as not to impede or prejudice the exercise of the executive power of the Union, and the executive power of the Union shall extend to the giving of such directions to a State as may appear to the Government of India to be necessary for that purpose”.⁶
• To achieve administrative system homogeneity and to preserve basic common administrative standards without jeopardizing the federal system. All-India Services, such as the IAS and IPS, has been established and remain under the supervision of the Union. The States rely heavily on the Union in financial concerns as well. States lack sufficient financial resources to satisfy their obligations. During a Financial Emergency, the Center has complete control of the state’s finances.

These are a few instances that have been mentioned to state that the central government is given a lot of power when compared to the state governments by the constitution of India. The federal principle envisages dual system of courts but Indian has unified judiciary system with the Apex court as the top most court in India.

By considering the Union list, it can be understood that the central government has been given assignments of all important subjects of the country. The state governments have limited powers and are financially dependent upon the Centre. 

The preceding discussion shows there is a tilt on behalf of the Centre at the expense of the States. The states must collaborate closely with the Centre. This lends credence to the view that the Indian Constitution is federal in form but unitary in essence.

Constitutional analysts describe it as a “semi-federal” or “quasi-federal” system.”

Quasi Federal system in India

A quasi-federal government has an unequal distribution of powers between the center and the states. India is a federation with a unitary bias and is considered a quasi-federal state due to its strong central infrastructure.

India purposely developed a sort of federalism in which the Union and State governments were reliant on each other, therefore violating the basic characteristic of a federal constitution, namely autonomous areas of authority for the Union and State governments. Other similar constitutional features to the Lok Sabha include the Rajya Sabha’s size and composition, which favors larger states; Article 3 of the Indian Constitution, which allows “the Union to alter the boundaries of a State without the latter’s assent, emergency powers, and concurrent list subjects of the Seventh Schedule, where the Union has more control than the State with some exceptions.” Rather than a process of ‘coming together,’ India’s centralized federal framework was the outcome of ‘staying together’ and ‘putting together.’”⁷

Issues and Challenges

India has faced a lot of challenges due to the quasi- federalism and is many challenges that might be faced as the authority of the Centre secedes the state a few reasons are mentioned hereunder:

1. Regionalism:

This is considered to be one of the most significant challenges due to the Indian Federalism. India’s pluralist nature gives birth to a variety of characteristics, including regionalism. As the center concentrates on larger states rather than smaller states, states operate under the democratic system. Then a dispute may occur, and they may want to be split from the union.

When there was the bifurcation of Telangana from Andhra Pradesh, many states’ voices have been raised when the new state was formed in 2014. West Bengal jeopardized India’s Teesta River waters deal with Bangladesh due to the prospective consequences for West Bengal. Growing regional powers may have an impact on successful foreign policy, since the federal government may yield to the wishes of a single state. 

2. Division of Power:

In India, unlike in the United States and Australia, power is allocated via three categories mentioned in the Seventh Schedule of the Constitution. The Central and State Governments’ powers are specifically listed in the Union and State lists, respectively, however, the powers indicated in the Concurrent list are maintained by both sets of governments. Residuary powers are granted to the federal government. Article 200, emergency measures in Articles 352, 356, and 360, and required obedience by the States to the Centre’s executive authority in Articles 256 and 257 all amount to power centralization, which has been a significant cause of worry among the states. As a result, centralization threatens Indian federalism.

3.  Absence Of Financial Freedom:

The division of financial and tax-related authority between the federal and state governments is referred to as fiscal independence. It is required for the nation’s progress. Though the center has the most authority, there is a financial commission whose job it is to determine the state’s part of the center’s earnings.

4. The Governor’s Office

Under Article 155 of the Indian constitution, “the governor is the head of the state and is selected by the president of India. The president’s decision may override the decisions of the governors chosen by the president.”

5. Integrated Services:

Courts, audits, and elections, among other services, are all linked in India. The Supreme Court, state high courts, and district courts compose India’s judicial system. Supreme Court judgments are binding on the high court, and the high court lacks jurisdiction to consider state-to-state disputes. The method for federal and state elections is the same. The election commission is in charge of it at the national level, while the chief electoral officer [CEO] is in charge of it at the state level, albeit both are controlled by the election commission.

6. Religious Differences:

India is an excellent example of religious pluralism, which sometimes causes strife in order to undermine the federation. However, the religious process does not necessarily have to be controversial. Religion may not generate imbalances in a federation as long as there is appropriate tolerance on the side of the people and a true secular policy on the part of the government.

7. Language Conflicts:

It was revealed in this instance that India’s constitution is not really federal in nature. The distribution of power between the center and the states is only concerned with local concerns vested in the states and the rest, which tends to maintain the country’s economic, industrial, and commercial unity. However, this was the first case in which a disagreement between both the state government and the central government was brought to the Supreme Court under Article 131.

8. External factors:

External pressures might also pose difficulties for a federation. The involvement of neighboring countries has caused conflict in India’s North-Eastern states. China’s claim on a portion of Arunachal Pradesh along the LAC jeopardizes India’s territorial integrity. The Tamil crisis in Sri Lanka is upsetting India. In the past, the purported Pak hand in the Khalistan movement has also added to the deterioration of the Indian union.

Case Laws:

The Indian courts have considered a number of cases regarding the subject of the Indian constitution’s federal character. A few case laws have been mentioned to understand the take of judiciary upon the Indian Federalism.

1. State of West Bengal v. Union of India⁸

“It was revealed in this instance that India’s constitution is not really federal in nature. The distribution of power between the center and the states is only concerned with local concerns vested in the states and the rest, which tends to maintain the country’s economic, industrial, and commercial unity. However, this was the first case in which a disagreement between both the state government and the central government was brought to the Supreme Court under Article 131.”

2. Kesavananda Bharati v. the State of Kerala⁹

“It was observed in this case by some of the judges, in this case, that federalism is a basic part of the Constitution of India and it can’t be changed.”

3. S.R. Bommai v. Union of India¹⁰

“Different judges’ opinions on India’s federal constitution varied in this case.

1. Justice Ahmadi- since there is no use of the word “federal,” he considered it Quasi-Federal.
2. Justice Sawant and Kuldip Singh — it is a fundamental tenet of the constitution.
3. Justice Ramaswamy proclaimed “India to be an “Organic Federation” formed to meet the demands of the legislature.”

Conclusion

India is a country where there are numerous traditions, religions, and cultures.  Each state has a different language from one another. All the states despite their differences are united as one by the Constitution of India and the Centre supervises them. However, there might be issues raised due to the upper hand of the central government as the orders given by the Centre shall be followed by the state. In a quasi-federal nation, it is important for the central government to always consider the interests of the state government too.

References:

1. The Constitution of India 1950, art. 246.
2. The Constitution of India 1950, art. 131.
3. The Constitution of India 1950, art. 263.
4. The Constitution of India 1950, art .264.
5. The Constitution of India 1950, art 1.
6. The Constitution of India1950, art 257.
7. Vignesh Karthik K.R, ‘Quasi Federalism’ The Hindu (3 May 2022) < https://www.thehindu.com/specials/text-and-context/quasi-federalism/article65375428.ece > accessed on 17 June 2022.
8. State of West Bengal v Union of India, 1963 AIR 1241.
9. Kesavananda Bharati v State of Kerala, AIR 1973 SC 1461.
10. S.R. Bommai v Union of India, AIR 1994 SC 1918.

This article is written by K. Mihira Chakravarthy, a first-year BA LLB student from Damodaram Sanjivayya National Law University (DSNLU).

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A criminal petition had been filed by an individual under Section 482 of the Cr.P.C to quash the FIR registered against the petitioner. The FIR was registered by the Chennai Police for the offences punishable under Sections 3 (2) a, 4 (1), 5 (1) a & 5 (1) d of The Immoral Traffic (Prevention) Act, 1956 and 370 A (2) of the Indian Penal Code, 1860.

The Police had raided a massage center which was allegedly a brothel. The petitioner was also present along with the sex workers and was apprehended. The petitioner argued that firstly the allegations against the petitioner are not true. Secondly, even if they are true, doing sex work is not illegal, only running a brothel is. Therefore, the petitioner cannot be penalized for the offenses.

It was further argued that the petitioner is not the accused as per the FIR, however, it has been stated in the alteration report that the petitioner was present during the raid along with the sex workers. The contentions of the report are false. Further, the act of the petitioner also cannot be said to be an act of pressurizing the sex workers to commit acts, in which they were not interested.

The High Court relied on the judgment of the Apex Court in the case of BUDHADEV KARMASKAR Vs. THE STATE OF WEST BENGAL & ORS wherein it has been held that the sex workers should not be arrested or penalized while raiding a brothel, as only running of the brothel is unlawful. It further observed:

“In the case on hand, merely because the petitioner was in the place, which is alleged by the respondents to be a brothel being run by some person, the petitioner cannot be fastened with any penal consequence………From the aforesaid decision, any sex worker, being an adult and indulging in sexual act with his/her own consent, the police authorities should refrain from taking action against such individuals. From the facts, as is evident from the FIR and the alteration report, there is no whisper about any coercion on the sex workers to commit the act, more so from the petitioner”

Therefore, in light of the above, the FIR against the petitioner was quashed.

Case: Udhaya Kumar vs The State and Others

https://www.mhc.tn.gov.in/judis/index.php/casestatus/viewpdf/658791

INTRODUCTION

The Latin proverb that suits the Juvenile Justice framework in India best is ‘Nothing Novi Spectrum’ which suggests that nothing is new on this planet. There is an assumption in the entire world since the old-time frame that Juveniles ought to be managed mercifully on the grounds that there exists a school of thought that says- young people, by and large, have a propensity to answer in a serious and delayed dissatisfaction which goes with forceful methodologies.

Over the most recent couple of years, it is likewise seen that the violations done by kids younger than 15-16 have expanded essentially. The overall propensity or the brain research behind the responsibility of the wrongdoing or the reasons for wrongdoing are early-valuable encounters, prevailing manliness, childhood, financial ruins, absence of training, and so on. It involves a disgrace that the kids younger than 6-10 these days are utilized as instruments for doing unlawful or criminal operations. Since a child’s mind is naive and manipulative in nature, they can be baited at a pitiful expense.

Before the Eighteenth Century, juvenile offenders were dealt with in a similar way as other criminal wrongdoers^[i]. Around the mid-eighteenth hundred years, a push for specific treatment of juvenile offenders began.

DISTINCTION BETWEEN JUVENILE AND CHILD

A minor is a person who is under the age of legal obligation and responsibility, or who is yet to reach the lawful age of 18 years. An accused child of a crime cannot be attempted as a grown-up and moved to a Child Care Centre, whereas a juvenile is somebody between the ages of 16 and 18. A young person who has been accused is a juvenile and can be tried in court as an adult.[ii] As a rule, the two terms have a similar definition, however, the difference lies in the legal implications. Minor indicates a child or teen, while a juvenile indicates either an immature person or a young offender.

PRESENT SCENARIO

At present time, a development for the exceptional treatment of juvenile offenders has begun throughout the world including in many nations like the U.K. and the U.S.A. This development began around the eighteenth hundred years. Before this, juvenile offenders were treated as same as other criminal wrongdoers[iii]. Furthermore, the General Assembly of the United Nations has embraced a Convention on the Rights of Child on the twentieth of November 1989 to safeguard the well-being of juvenile offenders. The Convention expresses that to safeguard the social – reintegration of adolescents, there will be no legal action and court preliminaries against them. The Convention drove the Indian Legislation to nullify the Juvenile Justice Act, of 1986 and to make another regulation. Consequently, Indian Legislation concocted another demonstration which was called “The Juvenile Justice (Care and Protection of Children) Act, 2000.”

The Juvenile Justice, 1986 which revoked the previous Children Act, 1960, pointed toward giving impact to the rules contained in the Standard Minimum Rules for the Administration of Juvenile Justice embraced by the U.N. nations in November 1985. The previously mentioned Act comprised 63 Sections, and 7 Chapters and is stretched out to the whole of India, except for the State of Jammu and Kashmir. The basic role of the Act was to give care and insurance, treatment, improvement and recovery to the ignored juvenile delinquents. The principal goals of the Act were:

a. The demonstration essentially set down a uniform structure for adolescent equity in the country so that it safeguards the right and interests of adolescents.

b. It discusses the apparatus and infrastructure for the consideration, insurance treatment, advancement and recovery of the adolescent wrongdoers.

c. It set out the fundamental arrangements for the appropriate and fair organization of law enforcement in the event of horrifying wrongdoing done by adolescent guilty parties.

The Indian Juvenile Justice Policy is created around the Constitution. Articles 15 (3), 21, 24, 39 (e) and (f), 45 and 47 of the constitution, in addition to different worldwide Covenants, remembering the UN Convention for the Rights of the Child (CRC) as well as the UN Standard Minimum Rules for Juvenile Justice Administration (Beijing Rules). The United Nations General Assembly passed the Convention on the Rights of the Child on November 20, 1989, which incorporates arrangements to protect the right of young wrongdoers. This exhibit additional safeguards the social breaking down of juveniles by expressing that no legal activities or court preliminaries would be held against juveniles. The Indian Parliament was pushed to invalidate the Juvenile Justice Act of 1986 and substitute it with the Juvenile Justice (Care and Protection of Children) Act of 2000, which is an improved and essentially better version. Moreover, the Juvenile Justice Act of 1986 replaced the Children Act of 1960 to take on the United Nations General Assembly’s Standard Minimum Rules for the Administration of Juvenile Justice, which was passed in November 1985. Except for Jammu and Kashmir, the law laid out a public starting point for the insurance of the privileges and interests of juveniles. It also covered a few major requirements for the organization of equity as well as the game-plan to be taken when teens commit shocking offences.

The Juvenile Justice Act of 2000 was enacted with the United Nations General Assembly’s 1989 in mind. Its object was to consolidate and amend the law relating to juveniles in conflict with the law and children in need of care and protection, by providing for proper care, protection and treatment by catering to their development needs, and by adopting a child-friendly approach. Albeit it was amended twice in 2006 and 2011, it was insufficient in shutting out the defect and incompetency. To counter the advancement of juvenile offenders in India, the regulation was cancelled and replaced with The Juvenile Justice (Care and Protection) Act, 2015, which is presently the key rule controlling India’s juvenile equity framework.

The “case of immaturity,” which implies to concluding who might request the freedoms of an adolescent or who can be considered an adolescent, is the first and foremost question that needs to be answered. In India, the Juvenile Justice Board leads a case of immaturity as per Rule 12 of the Juvenile Justice Rules, 2007. The board must decide the case of immaturity under the steady gaze of the court procedure, nonetheless, the case might be raised anytime, even after the case has been chosen. The Court deduced on account of Kulai Ibrahim v. Territory of Coimbatore^[iv] that under Section 9 of the Juvenile Justice Act of 2015, a charge has the privilege to document a case of immaturity anytime all through the preliminary or even after the issue has been settled. The Supreme Court administered in Deoki Nandan Dayma v. Province of Uttar Pradesh^[v] that an understudy’s date of birth expressed in school records is OK proof for deciding an adolescent’s age.

India has laid out a regulation that tends to juvenile offenders’ privileges, interests, and security. This is an endeavour to resolve the issues connected with adolescent misconduct. The three mainstays of India’s adolescent equity framework are as per the following: The three mainstays of India’s adolescent equity framework are as per the following:

Youthful guilty parties ought not to be arraigned in courts; all things being equal, they ought to be given the most ideal recovery. Rather than being rebuffed by the courts, they ought to be offered reformative changes. A youngster disregarding the law ought to get non-reformatory consideration while on trial^[vi], in light of the local area’s social control organizations, like Observation Homes^[vii] and Special Homes^[viii].

A consequence of the Nirbhaya Case^[ix]

Today (After the Nirbhaya case) many individuals know that a different Justice System exists for Juveniles. Many people are not yet aware of how JJS functions. After the episode of Nirbhaya, individuals turned resentful and communicated their antagonistic mentality towards the decision of the court. They requested a capital punishment for the juvenile convicted in the Nirbhaya case. There was thundering in parliament and the new regulation (Juvenile Justice Care and security of youngsters 2015) was enacted in India. It is an extensive arrangement for youngsters claimed and regarded to be in trouble with the law. It additionally manages juveniles needing care and assurance. This regulation is instituted thinking about the Rights of the Child and other related worldwide instruments. The administration of India consented to the show of Rights of the Child (CRC) on 11 Dec.1992. As per the global deals and established boundaries, it is the obligation of the state to treat the juveniles with all delicateness and see to their well-being. In any case, there are major areas of strength for the interest of crueller discipline for young people who carry out heinous offences. For example, offences like homicide, assault, burglary, dacoit and so on. Such juvenile offenders ought to be rebuffed like grown-ups.

Obviously, there is an incendiary manner of speaking about youth violations and there is expanded public scepticism about the present JJS. Since the reception of our constitution a lot of endeavours were made to comprehend the way of thinking of the JJS and as needed by different regulations were sanctioned. However, every one of the endeavours is apathetic and needs serious thought. The partners of the Juvenile Justice Administration should observe the difficult circumstances that win in our JJS. Learned people condemn misguided strategies and waste of enormous valuable assets.

CONCLUSION

The Juvenile Justice System depends on the rule of social government assistance and privileges of the kid. The focal point of the JJS is reorganization and recovery. It sets out to open doors for the youngster to foster his character. The objective, all things considered, is to continue ahead to make a populist society of high request. Youngsters are the future assets of the country. They should be nurtured from negative to positive characters. Nonetheless, shifting focus over to the previous experience, we need to connect the wide hole between hypothesis and practice. In this cycle, we need to construct a decent framework and productive Juvenile Justice Administration. The new regulation conveys the fantasies, however, what we really want is to make the fantasy, a reality.

This article is written by Arpita Kaushal of UILS, PUSSGRC , HOSHIARPUR.

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[i] https://www.juscorpus.com/the-role-of-the-juvenile-justice-system-in-india/ ( Last accessed on 17 June, 2022 )

[ii] https://blog.ipleaders.in/juvenile-justice-system-india/  ( Last accessed on 17 June, 2022 )

[iii] https://www.legalserviceindia.com/legal/article-6794-juvenile-justice-system-in-india.html ( Last accessed on 17 June, 2022 )

[iv] Kulai Ibrahim v. State Rep. by the Inspector of Police B-1, Bazaar Police Station, Coimbatore [2014] (142) AIC 144

[v] Deokinandan And Ors. vs State Of U.P. And Ors. [1995]  1996 CriLJ 61

[vi] Juvenile Justice (Care and Protection) Act, 2015. Section 2 (13)

[vii] Juvenile Justice (Care and Protection) Act, 2015 Section 47

[viii] Juvenile Justice (Care and Protection) Act, 2015. Section 48

[ix] Mukesh & Anr v. State For NCT of Delhi & Ors. (2017) 6 SCC 1

About the Company

Hemant Singh, the managing and founding partner of INTTL ADVOCARE, as well as a top IPR lawyer based in New Delhi with a branch office in Mumbai, founded the firm in 1991. Hemant Singh has handled over 2000 IP matters involving trademarks, copyrights, industrial designs, and patents, among other things. In the sphere of intellectual property, the business has been involved in a number of significant decisions handed down by Indian courts. The business has a workforce of 85 people (45 professionals and 40 technical/paralegal/secretarial personnel) who help their clients in India with IPR prosecution and enforcement. Foods and Beverages, Liquor, Garments, Cosmetics, FMCG, Fashion Accessories, Computer Software, Telecommunication, Media, Electronics, Telemarketing Industry, Pharmaceuticals, Automobiles, Biotechnology, and other industries have all been represented by INTTL ADVOCARE.

About the Responsibilities

For an evaluation internship, Inttl Advocare is seeking for long-term interns. Final-year law students who are interested in research, knowledge management, and content production can join our research team, which is responsible for knowledge dissemination and internal knowledge sharing efforts at the firm. This is a unique opportunity for law students who want to tap into their creative side while also contributing to the firm’s thought leadership activities. Because this is an assessment internship, the interns’ ability to learn and adapt to the firm’s writing style and material distribution forms will be an important skill to improve. After qualifying as a lawyer, the candidates have a chance to be hired by the firm. Lawyers interested in pursuing a career in research, writing, or creative should apply.

As an intern you are required to:-

• Support lawyers and knowledge management teams with legal and economic research.
• Researching and synthesising the most recent legislative developments, judgments, and economic indicators in the fields of Intellectual Property Rights (IPR) and Information Technology (IT).
• Creating initial draughts of articles, blogs, and write-ups
• Assist the knowledge management and social media teams in keeping the post/update schedule on track.

Location

B-36, Sector – 132, Express Trade Tower, Noida Expressway, Noida 201303, National Capital Region of Delhi

Stipend

₹5,000 per month

Eligibility

• Mindset that is focused on research.
• You must be in your final year
• A keen sense of observation.
• The ability to keep track of and stay up to date on the newest legal and economic changes, particularly in the practise areas of the firm.
• Passion for content production and flair for writing.

How to Apply?

Interested candidates may apply from here:- hr@inttladvocare.com.

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Harvard International Law Journal is accepting submissions on a rolling basis for three of its online sections: Perspectives, essays, and case notes.

CATEGORIES

1. PERSPECTIVES: Commentary and analysis of the most recent developments in international laws. No more than 2500 words. Citations should be done by hyperlinking wherever necessary.
2. ESSAYS: Topics of public international laws, private international laws, and comparative laws. No more than 5000-7000 words. Citations: The bluebook
3. CASE NOTES: Criticism, additional context to situations. No more than 5000 words. There should be a proposal.

SUBMISSIONS PROCESS

1. Perspectives must be submitted with resume to iljonline@mail.law.harvard.edu with Perspectives submission in the Subject line.
2. Essays must be submitted with resume to iljonline@mail.law.harvard.edu with Essay submission in the Subject line.
3. Proposal must be submitted with resume to iljonline@mail.law.harvard.edu with Proposal submission in the Subject line.

CONTACT DETAILS

iljonline@mail.law.harvard.edu

https://harvardilj.org/submissions/online-submissions/

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Utrecht Journal on European and International law is inviting a call for papers from the legal fraternity on the GENERAL ISSUES theme.

ABOUT

Utrecht Journal on European and International law is open access, a peer-reviewed, student-led journal affiliated with Utrecht university

THEME

1. The second volume of the GENERAL ISSUE in the fall of 2022 is on GENERAL ISSUES within international and European laws.
2. Students are invited to address questions and issues arising from the specific area of laws relating to the topic.
3. All kinds of manuscripts will be considered for publication.
4. International and European legal dimension is imperative.

TYPES

1. CASE NOTES
2. CONFERENCE PAPERS

SUBMISSIONS GUIDELINES

1. CITATIONS: OSCOLA
2. Word limit: 10000
3. The board of editors will review the papers.
4. The novelty of the academic contribution is also an essential requirement.

SUBMISSIONS DEADLINE

MAY 31, 2022

https://utrechtjournal.org/author/login/?submit=True

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