The Centre for Comparative Constitutional Law & Administrative Law and the Constitutional Law Society at National Law University Jodhpur are delighted to announce a joint initiative – a National Seminar titled ‘Constitutionalism in Contemporary Times’ to be held virtually (CISCO WEBEX) on 23–24th September 2023. The deadline for the abstract submission is 14th August 2023. This seminar aims to provide a platform for legal scholars, practitioners, academicians and students to engage in thoughtful discussions and deliberations on pressing contemporary issues within constitutional law. By bringing together diverse perspectives and expertise, the seminar seeks to foster an enriching exchange of ideas, critical analysis and novel insights into the evolving landscape of constitutional jurisprudence.
Objectives of Seminar
The objectives of the seminar are as follows:·
To promote an enriching discussion and discourse on contemporary issues in the field of constitutional law.
To encourage comprehensive research and understanding of the evolution of Constitutional issues over time.
To impart and expand the knowledge of students and scholars on various issues and a critical understanding of the same.
Encourage students to develop independent thought, depth of knowledge, clear reasoning, critical analysis and persuasive styles.
Facilitate academic exposure to participants by organising discussions and facilitating interactions between participants and experts.
Themes
Papers are invited on the following themes:
Gender Equality and Constitutional Reforms
Democratic Governance and Political Justice
Socio-economic Rights as pathways to inclusivity
Boundaries and Changing Perspectives on Judicial Activism
Transformative Constitutionalism
Submission Guidelines
Participants are encouraged to submit abstracts that reflect the core argument of the paper in clear terms with a maximum of two authors per submission.
The abstract shall be within 300 words. At least five keywords must be highlighted.
The abstract shall contain the names, email addresses and designations of the authors.
Formatting guidelines: font: Times New Roman; font-size: 12; justified; line space: 1.5.
We solicit participation from academicians, advocates, researchers, and PhD scholars in the field of law. The seminar is not open to undergraduate law students or LL.M. students. The registration fees for the seminar shall be Rs. 1,000 payable on the acceptance of abstracts.
Contact Details
For queries or clarifications with respect to the Seminar, feel free to reach out at seminar@nlujodhpur.ac.in
For additional support, reach out to their organising team –
Convenor Sayantani Bagchi Assistant Professor, Faculty of Law Faculty Advisor, Centre for Comparative Constitutional Law and Administrative Law Constitutional Law Society National Law University Jodhpur Contact- +91-8902297150
Disclaimer: All information posted by us on Lexpeeps is true to our knowledge. But still, it is suggested that you check and confirm things on your level.
This article aims to present an overview of Constitutional Theory, its types, and its evolution over the period of time. Further on it explains in detail the constitutional principles of some of the world’s strongest constitutions, particularly the Indian and US constitutions.
Introduction
Constitutional Theory is an aspect of constitutional law that focuses on the underpinnings of constitutional government. A constitutional theory tries to draw upon bases of agreement that exist within a legal culture and to extend those agreed-upon principles to solve issues and problems in society. Its main aim is an organization of all points of agreement together in a formal manner in cases where there is no agreement. This theory can be both subjective as well as prescriptive. On one hand, the constitutional theory is prescriptive as it purports to tell what to do but at the same time, it is also descriptive as it cannot call for a wholesome departure from existing practices. Constitutional theory can be best understood if seen as an exercise of justification. More or less, it is an effort to justify a set of prescriptions about how certain controversial constitutions should be decided. The justification is then addressed to people within a particular legal culture There are broadly two aspects of constitutional law:
The first aspect which is more of a formal theory covers
The overall structure of the government
Relations amongst branches of government
Relations between various levels of government
The second aspect relates to the theories of judicial review, which provides justifications for the occasions on which the courts, ruling on constitutional issues, will and will not displace the judgments of elected officials.
A constitution is a set of fundamental principles or established precedents, all of which altogether constitute the legal basis of an organization, and polity and determines how that entity is to be governed. When all the principles (to be followed) are written down in a single document or multiple legal documents and are written in a single, codified, comprehensive document it is said to constitute a constitution.
Constitutionalism is a legal political philosophy that recognizes the need for a government but at the same time also emphasizes restraining its power. This evolutionary philosophy is essential for a democratic setup. Like constitutional theory, there is no uniform definition of constitutionalism but in modern times it emphasizes restraining the powers of government to an extent that it doesn’t hinder the self-development of the society and economy.
Constitutions concern different levels of organizations, from sovereign countries to companies and even unincorporated associations. Moreover, even a treaty that establishes an international organization can be termed to be a constitution since it describes how that organization was constituted. Constitutions especially codified one act as limiters of state power, by establishing lines that a state’s rulers cannot cross such as fundamental rights.
The constitutional theory differs from one country’s constitution to another’s.
Constitutional Theory in Different Countries
CONSTITUTIONAL THEORY AS ESTABLISHED IN THE UNITED STATES OF AMERICA is more of an academic discipline that focuses on the meaning of the US constitution, which draws attention to all aspects ranging from ethical, political, linguistic to sociological to historical. US’s constitutional theory emphasizes a lot of Judicial Review.
Judicial Review is a process wherein the judiciary reviews the legislative, executive, and administrative actions. It is one of the checks and balances in the separation of Power wherein the judiciary has the power to supervise the legislative and executive branches when the latter exceeds their authority. The types and general principles vary according to the jurisdiction and the country.
This idea of Separation of Power; initially introduced by Montesquieu, is based on the idea that no branch of government should be able to exert power over any other branch without due process of law, each branch should keep a check on the other to create a “regulative” balance amongst all.
When carrying out judicial review a court may ensure that the principle of ‘Beyond the Powers’ (ULTRA VIRES) is followed i.e. the public body’s actions must not exceed the powers given to them by legislation.
The great influence of judicial review in constitutional theory was established in Marbury v. Maddison[1]. Broad concepts explained by the Constitutional Theory:
It seeks to understand the relationship between
Branches of government
Individual rights and state power
Federal government and state
It seeks to understand how the constitution’s meaning shifts with
changes in cultural norms
changes in Political structure
Some of the US’s constitutional theorists are:
Bruce Ackerman
Jack Balkin
Ronaldo Dworkin
Robert Post
Class Sunstein
GERMANY’S CONSTITUTIONAL THEORY was established by Immanuel Kant and is based on the supremacy of a country’s written constitution This idea is the foundation for the constitutional theory of the 21st century. Similarly, based primarily upon the German legal tradition, the Russian legal system was borne out. Russian legal state concept adopts the written constitution as a supreme law of the country, it consists of 6 democratic federative legal states with a republican form of governance.
Constitutional Theory in the Indian Context
The Constitution of India is the supreme law of the land in India. The constitution lays down the framework that demarcates fundamental political code, structure, powers, and duties and lays down fundamental rights, directive principles, and duties of citizens. The democratic values in Indian society are deeply rooted in REPUBLICS since the era of the Janpadas, which can be traced back to 600 BC. The constitution very well upholds the principle of equality in all fields like ethnicity, gender, religion and creed. The success of the constitution in such a vast and diverse country like India can be traced to the fact that India has successfully accommodated the aspirations of people since its creation. Despite many internal challenges in illiteracy, inequality and diversity of cultures, traditions, and religions in contemporary India.
Background of Formation of the Constitution
The Constitution of India was framed by the Constituent Assembly, elected by members of the various Provincial Assemblies. Dr B. R. Ambedkar was the chairman of the drafting committee formed by the Assembly. Our Indian Constitution was finally adopted by the Constituent Assembly on 26 November 1949 and became effective on 26 January 1950. At the time of adoption, the Indian Constitution consisted of 395 articles in 22 parts and 8 schedules. Later, additional parts and articles have been included in the Constitution through various amendments. Presently, there are 25 parts, 448 articles and 12 schedules in our Constitution.
The first ever report prepared, also called the Nehru Report was formed in 1928 when the All Parties Meet convened a committee in Lucknow.
The Indian Constitution is drawn from a large number of sources, depending on India’s needs and conditions. It draws inspiration from the already proposed constitutional theories in other parts of the world.
The constitution declares India to be a Sovereign, Secular, Socialist, Democratic, and Republic and assures to all its citizens Justice, Liberty, Fraternity, and Equality as prescribed in the Preamble of the Constitution.
The Indian constitution prescribes the functioning of each organ and even the biggest to the smallest unit of administration in India. The three pillars of the Indian legal–political system are the Legislative, Executive, and Judiciary. Constitutions are broadly classified by political scientists as being unitary or federal. In a unitary constitution, the powers of the government are centralized in one government which is the central government, the provinces are subordinate to the centre. However, on the other hand, in the case of a federal constitution, there exists a division of powers between the Federal and State governments. Indian constitution is however termed as a mix combo of both types of constitution i.e., a Quasi Federal constitution. Dr BR Ambedkar termed the Indian constitution as a predominantly federal constitution with a slight mix of unitary features.
Salient features of the Indian constitution
Lengthiest Constitution The constitution of India is a written constitution that happens to be the lengthiest written constitution in the world. It is an extensive, elaborate, and detailed document.
Drawn from Various Sources It has taken the majority of its provisions from the constitution of several other countries as well as from the Government of India act, of 1935. Ex: structural part from GOI, 1935, independence of the judiciary from USA, Fundamental Rights from USA, etc.
The Preamble of the Constitution The Preamble includes the objectives, ideals, and basic principles of the Constitution. The Preamble is the nature of the Indian state and its purpose is committed to safeguarding the people. The Preamble of the Indian constitution also called a short introduction to the constitution sets out the main objectives which the legislation is intended to achieve. It is often termed as expressing the phrase “what we thought or dreamt for India for so long”.
In the Re Berubari case[2], the Supreme court held that the Preamble to the constitution is a key to opening the mind of the makers and shows the basic objective for which they made the different provisions in the constitution. However, at the same time, it doesn’t mean that it can override the express provisions of the constitution.
In Kesavananda Bharati v State of Kerala[3], the Supreme Court held that Preamble is a part of the constitution. Sikri, CJ had observed, “It seems to me that the Preamble of our Indian Constitution is of extreme importance and the constitution should be read and interpreted in the light of the grand and noble vision expressed in the preamble.”
Fundamental Rights and Duties The Constitution of India allows and ensures Fundamental Rights to its citizens.
Directive Principles of State Policy A unique part of the Constitution is that it consists of a chapter in the Directive Principles of State Policy.
Federal Structure of Government The Indian Constitution has conceived a federal structure for India in view of the geographical vastness and the diversity of regions, languages, castes, religions, etc.
Concept of Single Citizenship The concept of single citizenship has been envisaged in the constitution of India where all citizens enjoy common uniform citizenship.
Integrated Judiciary The Constitution specifies a single integrated judicial system for the Union and the states.
Basic Structure Doctrine The basic structure doctrine was firmly established by the Kesavananda Bharti v. State of Kerala[3]which means that the basic structure of the constitution cannot be either changed or destroyed through amendments made by the Indian Parliament. It is probably one of the most important, landmark cases post-independence. While deciding on the issue, it was contended that in case unfitted powers were vested in the hands of the parliament, it would lead to misuse of power by the government as per their own whims and fancies. In short, this limitless power can erode the fundamental governing, and guiding principles of the constitution.
It was held in the case of Indira Gandhi v. Raj Narayan[4] and in the case of Minerva Mills v. Union of India[5] that the where comes the question that whether a particular feature of the constitution is to be covered under the basic feature or not, is upon the discretion of the relevant court, before which the case has been brought up to.
Judicial Review It was held in the case of State of Madras v. V.G. Row[6], Chief Justice Patanjali held that judicial review is an important component closely attached to the legislature.
Living Document Last but not the least, In the case of Nagaraj v Union of India[7] it was held that the Constitution of India is a living document which is a set of leg rules for the present society but at the same time it envisages principles for the futuristic society keeping in mind the adaptation it shall have to take during times of various crisis of human affairs.
Conclusion
There are many interpretations and analyses of constitutional theory. It differs from country to country, organization to organization as the purpose of a constitution, a legal document that serves society also varies accordingly. The Indian constitution, the world‘s lengthiest and most complex constitution is a great blend of features adopted from the constitutions of countries from all across the globe. India, which adopted the path of democracy much later than other western countries, took inspiration from all these borrowed features to create a constitution which can meet the demands of the heavily diverse India. Some of the most salient features of the Indian constitution which make it stand apart from the other constitutions include being the lengthiest constitution, the preamble or the unique short brief to the constitution, and the concept of basic structure doctrine which has been laid down and upheld in several landmark cases. The Indian constitution most importantly is neither too rigid nor too flexible, it allows amendments to the existing structure through specified procedures, to cope up with the changes of time and society, hence making the Indian constitution a living document. Despite, all flaws pointed out by the critics, the Indian constitution has stood all tests of time and won in all aspects of the Indian Democracy.
Citations:
Marbury v. Madison, 5 U.S. 137 (more)1 Cranch 137; 2 L. Ed. 60; 1803 U.S. LEXIS 352
Re: The Berubari Union, AIR 1960 SC 845
Kesavnanda Bharati v State of Kerala, AIR 1973 SC 1461
Mineva Mills v. Union of India, AIR 1980 SC 1789
State of Madras v. V.G. Row, 1952 SCR: AIR 1952 SC 196
Nagaraj & Ors. v. Union of India & Ors. (2006) 8 SCC 212
References:
Constitution of India, V.N Shukla
WILLIAM & MARY BILL OF RIGHTS JOURNAL: constitutional theory in a nutshell by THOMAS E. BAKER
What is a constitutional theory? – DAVID A. STRAUSS; CALIFORNIA LAW REVIEW (VOL. 97:581)
With the advent of social media and networking it is difficult to maintain privacy with the data available online. Data on the internet is flowing like water in the river. If the information of someone is available on the internet which the person has relevant context now or the reason for which it was there on the internet has been served is affecting the other person emotionally or making it difficult for another person to live peacefully. Then, it is a violation of article 211. This can be removed through the right to be forgotten which is provided under the right to privacy.
Right to forgotten means the deletion of the user’s personal information from the search engine, website, and many more. The European Union acquired the General Data Protection Bill [GDPR]2 in the year 2018. Article 17 of this bill provides certain rights to the erasure of personal information and the certain rights include which are no longer necessary, consent has been withdrawn for particular information, and where there is legal obligation to erase. There are also some reasonable restrictions to some extent like in the area of public interest related to public health, or the data required in achieving historical, statistical, or scientific research.3
The right to be forgotten is to be followed in other countries also. In 2014, in Spain, the European court of justice managed a case Google Inc V Agencia Espanola De Proteccion De Datos in which a Spanish man whose name was Mario Costeja Gonzalez asked google to remove his information related to the auction for his unbridled home and the debt he had subsequently paid. Google was sued under the National High court which suggested a series of questions to the European court of justice. The court ruled the judgment in the favour of the Spanish man and asked google to delete the information.
In 2016, the first case of the right to be forgotten was heard by the Chinese court in Beijing in which they held that the residents don’t have the right to be forgotten. In this case, Ren Jiayu asked the Chinese web search tool Baidu to remove the search list that is related to Wuxi Taoshi’s previous business. Ren argued that the right of name and right of notoriety is reserved under Chinese law. Then the court ruled the judgment against Ren and said that he doesn’t have a right to be forgotten.
RIGHT TO BE FORGOTTEN UNDER THE PERSONAL DATA PROTECTION BILL
The right to privacy is our fundamental right under article 21 of the Indian constitution decided in the case of Justice K.S Puttaswamy Vs the Union of India4 in 2017. Data is a very sensitive thing that needs to be protected. The personal data protection bill5 was introduced in the Lok Sabha in 2019 with the objective to protect or conserve the data from getting into the wrong hands. This bill also includes the right to be forgotten under clause 20 of chapter V. it means that any person can ask the data fiduciary to remove or limit the data of the concerned person. The role of data fiduciary is to decide the means and the purpose of controlling the personal data it can be anyone an individual, entity, state, or cooperation. The data will be monitored by the Data protection authority and any removal of data has to be approved by the Data protecting authorities’ adjudicating officer. The officer has to see many aspects like the public interest in the concerned data, the extent of availability susceptibility, or the scope of divulgence before approving the removal of the data.
RIGHT TO BE FORGOTTEN VS THE FREEDOM OF SPEECH AND EXPRESSION
“Right to be forgotten is the biggest threat to freedom of speech and expression in the coming decade” -Jeffrey Rosen
The right to be forgotten is a much-needed statute nowadays to protect the individual interest against defamatory or derogatory statements. Freedom of speech and expression is our fundamental right under article 196 of our Indian constitution and also contains reasonable restrictions under Article 19[2]7. Whereas the right to be forgotten can undermine the lusture of freedom of speech and expression. It can affect journalism it will be difficult for media to express their views freely and to wait for the decision of the adjudicating officer. If any person wishes to delete some information on the internet then it will favor the individual, not the society at large. This will also create a sense of feeling in the minds of the people that they are not free to express their views through articles, books, blogs, etc.
CASE LAWS
Jorawar Singh Mundy Vs Union Of India and Ors8 In this case, the petitioner was an American citizen who visited India in 2009. He got acquitted under the narcotics drugs and substance [NDPS] act, 1985. After two years trial court convicted him on April 30, 2011. On 29 January 2013 through the appeal of state, the Delhi high court then affirmed her acquittal. After returning to America petitioner realized that the Delhi high court’s judgment is available on the internet and this can be harmful to his reputation or while screening test done by the employer. He sent directions to Google India Private Ltd., Google LLC, Indian Kanoon, and vLex.in but the judgment was not deleted then he filled a writ petition before the Delhi High Court for the violation of Article 21. The Delhi high court directed the respondents to delete the judgment.
Dharmaraj Bhanushankar Dave Vs State of Gujarat and ors9 In this case, the petitioner filed a writ petitioner under Article 226 of the Indian constitution before the Gujarat High court for the violation of Article 21. The non-reportable judgment was published by the Indian kanoon on their site and the petitioner contended that google and Indian kanoon has no right to publish any non-reportable judgment. The court held that the judgment was part of the proceeding and that merely publishing judgment on online websites will not amount to be reported. So, it is not a violation of Article 21 and there is no legal rationale to remove the judgment.
Subhranshu Rout Gugul Vs State of Odisha10 In this rape case, the accused has created a fake id on Facebook and uploaded objectionable photos of the prosecutrix on the fake id. The police were failed to take any strict action against the accused. The pictures were taken with the consent of the prosecutrix at the time they were in a relationship but now they got separated. It was observed that consent does not mean to misuse the phots or outraging the modesty of the women. In this case, the right to be forgotten should be exercised. The court held that the photo should be removed to protect the privacy of the victim. Irrespective of ongoing criminal cases. The Odisha High Court further noted that the Indian Criminal Justice system is more of a sentence-oriented system, with little emphasis on compensating victims for their losses and suffering. Allowing such offensive photographs and videos to remain on a social networking platform without a woman’s agreement is an outrage to her modesty and, more crucially, her right to privacy.
CONCLUSION
Information in the public domain is like toothpaste. They can not completely be deleted if someone has taken a screenshot or screened the concerned content. the right to privacy is our fundamental right under article 21 of the Indian constitution which needs to be protected. The right to be forgotten is also included in the personal data protection bill, 2019 which is a great step towards the safety of data and the privacy of the individual. In case one person was acquitted under any criminal action but later on find to be innocent and the judgment is reported on many websites or search engines. It can be difficult for the employee to get a job as during the screening process this can destroy the reputation of the employee. The right to be forgotten can be a major relief and can ask for the removal of the judgment. Also in the case when a person with the intention of taking revenge or with the feeling of animosity posts or share any picture or video which is offensive or outrages the modesty of the victim through the right to be forgotten victim can make them deleted. It is been a debatable topic whether the right to be forgotten undermines the fundamental right the freedom of speech and expression under Article 19 which also contains reasonable restrictions under Article 19[2] of the Indian constitution. If a person asks to remove some content from the website or from the internet then it can also cause feelings among the people that they are not free to express their views and opinion through writing articles, blogs, etc and the removal of the concerned content can lead to being in the favor of the individual rather than the society at large. According to me, it requires judicial administration, and article 19[2] which provides reasonable restrictions should be amended and should include privacy in it.
The present article is written by Priyanka Choudhary, currently pursuing BALLB from Mody University of Science and Technology, Lakshmangarh, Rajasthan.
FIELDS OF LAW
The legal line of work is widely mistaken for being limited to courtroom appearances and defending criminals. Actually, the bar encompasses a huge subject pool and areas of practice. Sometimes, lawyers began their careers in one field, only to diversify to try something different in their later years. This will be because that field was the chance that was most readily available to them after school of law or thanks to a conscious decision to maneuver faraway from a field of the law.
However, few lawyers know which field is suitable for them from the very beginning of their legal career. This text aims to explain the various fields of law that you simply will study in school of law and may take up as a career path.
CONSTITUTIONAL LAW
The Constitution is deemed to be the supreme law of the country. It governs the affairs of the country and involves rights and duties of the govt. also as its citizens. The study of the Constitution is one of the foremost important subjects in school of law. The practice of constitutional law is one among the foremost lucrative areas of the law in India. Most top lawyers in India are going to be constitutional experts thanks to years of practice and knowledge. Almost like the practice of human rights law, the constitution may be a vast area of the law and may have many cases and jurisprudence to stay track of. These cases require you to access the High Courts and Supreme Court as a number of these issues are often of great significance to the justice system. Most landmark judgments in India will have a constitutional law aspect built into them somewhere.
CORPORATE LAW
The field of corporate law deals with rules concerning the facilitation and management of the business. A company lawyer can advise on an agreement, write up a contract, or negotiate clauses on behalf of a client. Corporate lawyers don’t attend court, but rather advise clients from the comfort of their office. An understanding of the Business Act, 2013, and therefore the Indian Contract Act, 1872, is a must. This is often one of the foremost lucrative areas of practice in recent years, with young graduates flocking to prestigious law firms to practice corporate law due to the attractive pay packages. Life as a company lawyer will involve very long hours. However, a robust understanding of corporate law can make sure you can work for several different types of clients like companies, start-ups, banks, etc.
CRIMINAL LAW
This is a neighborhood of the law that’s often considered the foremost interesting and involves defending criminals or advocating for the innocent in cases of murder, rape, theft, etc. legal code requires an understanding of court procedures, police investigations, and therefore the Indian legal code, 1860. Typically, lawyers who enjoy court-facing lawyers practice legal code. Most law aspirants, dream of practicing within the courtroom as criminal lawyers thanks to the sector being intriguing and interesting. One will see that there’s a bent to avoid practicing legal code in India thanks to questions of safety and low pay, as compared to salaries in law firms at the beginning of your career. However, the amount of legal code cases is on the increase, and practice within the field pays well as you progress ahead in your career if you’re a first-generation lawyer. The foremost successful and well-known lawyers in India are criminal lawyers.
EMPLOYMENT LAW
Employment law concerns the rights & duties of employer and employee. Employment lawyers often fight cases to either defend compliance with the labor laws or absolve their clients of requirements prescribed by such legislation. Employment lawyers will also review employment agreements and assist with the termination of employees. They’ll also represent a private employee, employee unions, and other interest groups. While employment law in other parts of the planet is usually a really specialized area of practice, in India it’s not uncommon to ascertain employment law being clubbed alongside corporate law, with one legal team advising on both areas of the law. Employment law is one of the more exciting areas of the law because it has got to do with tons of people-centric issues (hiring, firing, onboarding, health and safety of workers, etc.), and therefore the Indian government has recently made it easier to practice employment law by harmonizing multiple legislations into singular codes of practice.
ENVIRONMENTAL LAW
The practice of environmental law in India may be a growing area of the law. It deals with laws concerning air, water, wildlife, biological preservation, and environmental protection. With the recent creation of the National Green Tribunal, there are more environmental law cases being litigated and corporations are taking environmental compliance more seriously also. Environmental issues affecting many of us often have an underlying constitutional aspect. Being an environmental lawyer also can allow you to figure more easily for international organizations like the WWF-India or government departments. Thus, the practice of environmental law can allow you to figure during a sort of settings that are different from the traditional firm or lawyer’s office.
FAMILY LAW
Family law concerns personal laws, which affect the personal relationships of citizens. Family lawyers are involved in divorce cases, cases involving custody of youngsters, also as property law. In India, family lawyers need to affect a variety of legislations, which may include even complex laws governed by one’s religion (Hindu laws, Muslim laws, etc.). Family lawyers often affect cases that will be very emotionally difficult, because the issues in family law affect families and young children.
HUMAN RIGHTS LAW
Human rights lawyers advocate on behalf of victims who have violated their rights. In India, the practice of human rights law is often long and arduous together tries to urge their day in court – however, this will even be one among the more satisfying areas of the law as often there’s a vulnerable party at one end who needs legal advice, also because of the relief. To be an honest human rights lawyer, one must remember basic rights that are enshrined within the Indian Constitution. One can also see human rights principles as reflected in procedural laws in India, as the Code of Criminal Procedure.
INTELLECTUAL PROPERTY LAW
Intellectual Property law deals with securing and protecting legal rights concerning innovation, discoveries, and creations. The law seeks to guard the property rights of authors, inventors, artists, and businesses. A property lawyer will often advise on issues regarding the interpretation of statutes about patents, copyrights, or trademarks. Property law is one area that has grown significantly in recent years, with the increase of the media and show business. The work includes registering property, drafting legal notices, and actions associated with enforcing a breach of agreements. Being a property lawyer can keep you closer to business than other areas of the law, with many lucrative opportunities in companies like Netflix and Dharma Productions. Property law is taken into account by many to be one of the foremost exciting areas of practice for a lawyer today.
PROPERTY LAW
Property law deals with the laws regarding the transfer and inheritance of property. The practice of property law is a remunerative area of the law and may have some overlap with family law when families litigate disputed household properties. However, property lawyers also can be involved in land transactions, like people who concern the main construction projects that are prevalent in a developing country like India. The practice of property law also can include the review of tenancy contracts and rent agreements, which are straightforward and routine within the Indian system.
SECURITIES LAW
Securities law is a neighborhood of the law that has greatly expanded within the last 20 years. It focuses on the principles concerning investment and therefore the financial sector. With the expansion of fintech operators in India and an expansion of the Indian economic system, legal issues concerning them are getting increasingly common. Typically, one will find the large law firms in India with great law practice groups. A person should be well versed with the rules issued by the Securities and Exchange Board of India (SEBI).
The school of law journey is meant to offer law students a favor for these areas of law in order that a typical law graduate has minimal competence altogether of them. A student can then decide which area they need to specialize in and pursue upon graduation.
TAX LAW
Tax lawyers advise on the interpretation of provisions of the tax Act 1961 and may be expected to fight cases on behalf of clients in special tax courts. Law requires an intricate understanding of complex laws and maybe one among the foremost difficult areas of the law to master. However, each case is usually very unique, unlike other practice areas which will involve a repetition of issues and use of templates. There’s also an undersupply of lawyers during this domain, and therefore the competition isn’t as great because it is in other practice areas. Very similar to other countries, in India, the law is taken into account to be a distinct segment area of practice.
