Legal Studies Law Exams


Гео и язык канала: Индия, Английский
Категория: Право



Гео и язык канала
Индия, Английский
Категория
Право
Статистика
Фильтр публикаций


From the various judgements, the following have emerged as ‘basic features’ of the Constitution or elements of the ‘basic structure’ of the constitution :-

1. Supremacy of the Constitution

2. Sovereign, democratic and republican nature of the Indian polity

3. Secular character of the Constitution

4. Separation of powers between the legislature, the executive and the judiciary

5. Federal character of the Constitution

6. Unity and integrity of the nation

7. Welfare state (socio-economic justice)

8. Judicial review

9. Freedom and dignity of the individual

10. Parliamentary system

11. Rule of law

12. Harmony and balance between Fundamental Rights and Directive Principles

13. Principle of equality

14. Free and fair elections

15. Independence of Judiciary

16. Limited power of Parliament to amend the Constitution

17. Effective access to justice

18. Principles (or essence) underlying fundamental rights

19. Powers of SC under Articles 32, 136, 141 and 142

20. Powers of HC under Articles 226 and 227


Q. The offence of 'Defamation' is ____________
Опрос
  •   A crime
  •   A tort
  •   Both A and B
  •   Not a legal offence
6 голосов


Q. The full form of FIR is ________
Опрос
  •   Free Information Report
  •   First Information Report
  •   Frequent Information Report
  •   Fast Information Report
5 голосов


Q. Who is the first law officer of the country?
Опрос
  •   Attorney General of India
  •   Solicitor General of India
  •   Chief Justice of India
  •   Advocate General
6 голосов


Q. Which of the following contempt is laid down in the Contempt of Courts Act, 1971?
Опрос
  •   Civil contempt
  •   Criminal contempt
  •   Both A and B
  •   Administrative contempt
6 голосов


Q. Burden of proof in any criminal case lies on the ________
Опрос
  •   Accused
  •   Prosecution
  •   Government
  •   Lawyer
7 голосов


🖲️🖲️Fundamental Rights🖲️🖲️

🔊Right to Equality

📶Article 14 :- Equality before law and equal protection of law

📶Article 15 :- Prohibition of discrimination on grounds only of religion, race, caste, sex or place of birth.

📶Article 16 :- Equality of opportunity in matters of public employment

📶Article 17 :- End of untouchability

📶Article 18 :- Abolition of titles, Military and academic distinctions are, however, exempted

📸Right to Freedom

🔊Article 19 :- It guarantees the citizens of India the following six fundamentals freedoms:-

⏸️Freedom of Speech and Expression

⏸️Freedom of Assembly

⏸️Freedom of form Associations

⏸️Freedom of Movement

⏸️Freedom of Residence and Settlement

⏸️Freedom of Profession, Occupation, Trade and Business

🔊Article 20 :- Protection in respect of conviction for offences

🔊Article 21 :- Protection of life and personal liberty

🔊Article 22 :- Protection against arrest and detention in certain cases

📸Right Against Exploitation

📹Article 23 :- Traffic in human beings prohibited

📹Article 24 :- No child below the age of 14 can be employed

🔊Right to freedom of Religion

⏫Article 25 :- Freedom of conscience and free profession, practice and propagation of religion

⏫Article 26 :- Freedom to manage religious affairs

⏫Article 27 :- Prohibits taxes on religious grounds

⏫Article 28 :- Freedom as to attendance at religious ceremonies in certain educational institutions.

🔊Cultural and Educational Rights

⚠️Article 29 :- Protection of interests of minorities

⚠️Article 30 :- Right of minorities to establish and administer educational institutions

⚠️Article 31 :- Omitted by the 44th Amendment Act

🔊Right to Constitutional Remedies

📸Article 32 :- The right to move the Supreme Court in case of their violation (called Soul and heart of the Constitution by BR Ambedkar)

Forms of Writ check

⏸️Habeas Corpus :- Equality before law and equal protection of law

🔊Right to Property

⏯️Article 31:- Provided that "no person shall be deprived of his property save by authority of law." It also provided that compensation would be paid to a person whose property has been taken for public purposes

❌At present, there are only SIX fundamental rights..

The right to property was also one of the fundamental rights, according to the original Constitution. This right was omitted by the 44th Amendment Act in December, 1978. It is now only a legal right under Article 300-A in Part-XII of the Constitution. 


⭐️IMPORTANT ARTICLES ⭐️

🔴Part XIV, PUBLIC SERVICES(308 to 323)

312. All-India services
315. PSC for Union & States
320. Functions of PSC
321. Power to extend functions of PSC

🔵Part XIVA,TRIBUNALS (323A& B)

323A. Administrative tribunals
323B. Tribunals for other matters

🟢Part XV, ELECTIONS (324 to 329)
324. Superintendence, direction and control of elections to be vested in an Election Commission

326. Elections to the House of the people(LS) and to the legislative assemblies(LA) of states to be on the basis of Adult suffrage

329. Bar to Interference by Courts in Electoral matters

🟣Part XVI, SPECIAL PROVISIONS RELATING TO CERTAIN CLASSES (330 to 342)
LS -- Lok Sabha
LA--Legislative Assemblies

330. Reservation for SC & ST in ( LS )
331. Represent Anglo-Indian in ( LS )
332. Reservation for SC & ST in (LA)
333. Represent Anglo-Indian in (LA)

338. National Commission for SC
338A. National Commission for ST

340. Appointment of a commission to investigate conditions of BC
341-- SC 342 -- ST

🟡Part XVII, OFFICIAL LANGUAGE(343 to 351)

343. Official language of the Union
345. Official languages of states
346. Official lang for communication b/w one state and another
348. Language to be used in SC & HC

350A. Facilities for mother-tongue at primary stage
350B. Special officer for linguistic minorities
351.Development of Hindi language

🔴Part XVIII, EMERGENCY PROVISIONS (352 to 360)

352.National Emergency
355. Duty of the Union to protect states in Internal & External Emergencies
356. States Emergency (President rule)
359. Suspension of the enforcement of fundamental rights in emergencies
360. Financial Emergency

🔵Part XIX, MISCELLANEOUS (361 to 367)

361. Protection of President and Governors and Rajpramukhs

363. Bar to interference by courts in disputes arising out of certain treaties & agreements

364. Special provisions as to major ports and aerodromes

365. Effect of failure to comply with, or to give effect to directions given by the Union (president’s rule)

🟢Part XX, AMENDMENT OF THE CONSTITUTION (Art 368)

368. Power of Parliament to Amend the Constitution

🟠 Part XXI, TEMPORARY, TRANSITIONAL AND SPECIAL PROVISIONS (369 to 392)

370. Temporary provisions to JK ( Abolished on Aug 5 2019)

SPECIAL PROVISIONS TO STATES :
371. Maharashtra and Gujarat
371A. Nagaland
371B. Assam
371C. Manipur
371D. Andhra Pradesh
371F. Sikkim
371G. Mizoram
371H. Arunachal Pradesh
371-I. Goa
371-J. Karnataka

372. Continuance in force of existing laws and their adaptation
372A. Power of the president to adapt laws

🟡Part XXII, ( 393 to 395 )

393. Short title
394. Commencement
394A. Authoritative text in Hindi language


🔰 Major Laws and Rights 🔰
==============================

🔹 Motor Vehicle Act 1988, section -185, 202
➨ At the time of driving if your 100ml. blood contains more than 30mg. of alcohol then the police can arrest you without a warrant.

🔹 Criminal Procedure Code, Section 46
➨ No woman cannot be arrested before 6 A.M. and after 6 P.M.

🔹 Indian Penal Code, 166 A
➨ A Police officer can’t refuse to lodge an FIR if he/she does so they could be jailed for up to 6 months to 1 year.

🔹 Indian Sarais Act, 1887
➨ Even any 5-star hotel can’t prohibit you from drinking potable water and using its washrooms.

🔹 Motor Vehicle Act, 1988
➨ As per Section 129 of the Indian Motor Vehicle Act, wearing the helmet is a must for two-wheeler riders. Section 128 of this Motor Vehicle Act limits the maximum two riders on the bikes.

🔹 Domestic Violence Act, 2005
➨ If a young boy and a girl want to live together in a “live-in relationship”, they can do so because it is not illegal. Even the newborn from this relationship is also a legal son or daughter and this newborn have the full right in the assets of his/her father.

🔹 Police Act, 1861
➨ A police officer is always on duty whether he/she wearing a uniform or not. If a person makes a complaint to the officer, he/she could not say that he can’t help the victim because he/ she is not on duty.

🔹 Maternity Benefit Act, 1961
➨ No company can fire a pregnant woman. It may be punishable by a maximum of 3 years of imprisonment. If the company (Government or private) has more than 10 employees then the pregnant women employee is eligible to get 84 days paid maternity leave.

🔹 Income Tax Act, 1961
➨ In the case of tax violations, the tax collection officer has the power to arrest you but before arresting you, he/she will have to send a notice to you. Only Tax Commissioner decides how long you will stay in the custody.

🔹 Hindu Marriage Act, 1955 (Section -13)
➨ As per the Hindu Marriage Act, 1955 (any husband or wife) may apply for divorce in the court on the basis of Adultery (physical relationship outside of marriage), physical and mental abuse, impotency, to leave home without information, to change Hindu religion and adopt other religion, insanity, incurable disease and no information about husband or wife for seven-year.

🔹 Code of Criminal Procedure, 1973
➨ Only women police constable can arrest women. Male constable doesn’t have the right to arrest women. Women have the right to deny going to police stations after the 6 P.M. and before the 6 A.M. In the case of a serious crime only after receipt of the written order from the magistrate, a male policeman can arrest a woman.

🔹 As per the Citizen Charter (Indian Oil Corporation website)
➨ There are very few people who know that if their gas cylinder blasts during the cooking of food then the gas agency is liable to pay Rs. 50 lakh to the victim as compensation. To claim this compensation consumers need to lodge an FIR to the nearest police station and submit it to the concerned gas agency.

🔹 Automotive (Amendment) Bill, 2016
➨ If you are fined for a crime (like riding without a helmet or any other reason) then you will not be fined for the same reason in the same day.

🔹 Maximum Retail Price Act, 2014
➨ Any Shop keeper can’t charge more than the printed price of any commodity but a consumer has the right to bargain for less than the printed price of a commodity.

🔹 Limitation Act, 1963
➨ If your office does not pay you then you have the power to file an FIR against it within 3 years. But if you report after 3 years, you will not get anything for the due.

🔹 Section 294 of the Indian Penal Code
➨ If you are found involved in “obscene activity" at a public place, you can be imprisoned for 3 months. But in the absence of an exact definition of obscene activity police have always misused this act.

🔹 Hindu Adoption and Maintenance Act, 1956
➨ If somebody belongs to the Hindu religion and has a son or grandson then he can’t adopt a second child.


🪴🪴Environment Related Act🪴🪴
 

🎓Indian Forest Act, 1927

🎓The National Environment Tribunal Act, 1995

🎓National Green Tribunal Act, 2010

🎓Noise Pollution rule, 2000

🎓Protection of Plant Varieties and Farmers' Rights Act of 2001

🎓Public Liability Insurance Act, 1991

🎓Wildlife Protection Act of 1972

🎓Water (Prevention and Control of Pollution) Act, 1974

🎓Air (Prevention and Control of Pollution) Act, 1981

🎓Biological Diversity Act, 2002

🎓Environment (Protection) Act, 1986

🎓National Environment Appellate Authority act -1997

🎓Forest Conservation Act, 1980


📖 Articles Related to Supreme Court at a Glance 📖

➨ Article 124
Establishment and Constitution of Supreme Court

➨ Article 125
Salaries, etc.,of Judges

➨ Article 126
Appointment of acting Chief Justice

➨ Article 127
Appointment of ad hoc Judges

➨ Article 128
Attendance of retired Judges at sittings of the Supreme Court

➨ Article 129
Supreme Court to be a court of record

➨ Article 130
Seat of Supreme Court

➨ Article 131
Original jurisdiction of the Supreme Court

➨ Article 131A
Exclusive jurisdiction of the Supreme Court in regard to questions as to constitutional validity of Central Laws (Repealed)

➨ Article 132
Appellate jurisdiction of Supreme Court in appeals from High Courts in certain cases

➨ Article133
Appellate jurisdiction of Supreme Court in appeals from High Courts in regard to civil matters

➨ Article 134
Appellate jurisdiction of Supreme Court in regard to criminal matters

➨ 13. Article 134A
Certificate for appeal to the Supreme Court

➨ Article 135
Jurisdiction and powers of the Federal Court under existing law to be exercisable by the Supreme Court

➨ Article 136
Special leave to appeal by the Supreme Court

➨ Article 137
Review of judgments or orders by the Supreme Court

➨ Article 138
Enlargement of the jurisdiction of the Supreme Court

➨ Article 139
Conferment on the Supreme Court of powers to issue certain writs

➨ Article 139A
Transfer of certain cases

➨ Article 140
Ancillary powers of Supreme Court

➨ Article 141
Law declared by Supreme Court to be binding on all courts

➨ Article 142
Enforcement of decrees and orders of Supreme Court and orders as to discovery, etc.

➨ Article 143
Power of President to consult Supreme Court

➨ Article 144
Civil and judicial authorities to act in aid of the Supreme Court

➨ Article 144A
Special provisions as to the disposal of questions relating to the constitutional validity of laws (Repealed)

➨ Article 145
Rules of court, etc.

➨ Article 146
Officers and servants and the expenses of the Supreme Court

➨ Article 147
Interpretation


🖲️🖲️Fundamental Rights🖲️🖲️

🔊Right to Equality

📶Article 14 :- Equality before law and equal protection of law

📶Article 15 :- Prohibition of discrimination on grounds only of religion, race, caste, sex or place of birth.

📶Article 16 :- Equality of opportunity in matters of public employment

📶Article 17 :- End of untouchability

📶Article 18 :- Abolition of titles, Military and academic distinctions are, however, exempted

📸Right to Freedom

🔊Article 19 :- It guarantees the citizens of India the following six fundamentals freedoms:-

⏸️Freedom of Speech and Expression

⏸️Freedom of Assembly

⏸️Freedom of form Associations

⏸️Freedom of Movement

⏸️Freedom of Residence and Settlement

⏸️Freedom of Profession, Occupation, Trade and Business

🔊Article 20 :- Protection in respect of conviction for offences

🔊Article 21 :- Protection of life and personal liberty

🔊Article 22 :- Protection against arrest and detention in certain cases

📸Right Against Exploitation

📹Article 23 :- Traffic in human beings prohibited

📹Article 24 :- No child below the age of 14 can be employed

🔊Right to freedom of Religion

⏫Article 25 :- Freedom of conscience and free profession, practice and propagation of religion

⏫Article 26 :- Freedom to manage religious affairs

⏫Article 27 :- Prohibits taxes on religious grounds

⏫Article 28 :- Freedom as to attendance at religious ceremonies in certain educational institutions.

🔊Cultural and Educational Rights

⚠️Article 29 :- Protection of interests of minorities

⚠️Article 30 :- Right of minorities to establish and administer educational institutions

⚠️Article 31 :- Omitted by the 44th Amendment Act

🔊Right to Constitutional Remedies

📸Article 32 :- The right to move the Supreme Court in case of their violation (called Soul and heart of the Constitution by BR Ambedkar)

Forms of Writ check

⏸️Habeas Corpus :- Equality before law and equal protection of law

🔊Right to Property

⏯️Article 31:- Provided that "no person shall be deprived of his property save by authority of law." It also provided that compensation would be paid to a person whose property has been taken for public purposes

❌At present, there are only SIX fundamental rights..

The right to property was also one of the fundamental rights, according to the original Constitution. This right was omitted by the 44th Amendment Act in December, 1978. It is now only a legal right under Article 300-A in Part-XII of the Constitution. 


⭐️IMPORTANT ARTICLES ⭐️

🔴Part XIV, PUBLIC SERVICES(308 to 323)

312. All-India services
315. PSC for Union & States
320. Functions of PSC
321. Power to extend functions of PSC

🔵Part XIVA,TRIBUNALS (323A& B)

323A. Administrative tribunals
323B. Tribunals for other matters

🟢Part XV, ELECTIONS (324 to 329)
324. Superintendence, direction and control of elections to be vested in an Election Commission

326. Elections to the House of the people(LS) and to the legislative assemblies(LA) of states to be on the basis of Adult suffrage

329. Bar to Interference by Courts in Electoral matters

🟣Part XVI, SPECIAL PROVISIONS RELATING TO CERTAIN CLASSES (330 to 342)
LS -- Lok Sabha
LA--Legislative Assemblies

330. Reservation for SC & ST in ( LS )
331. Represent Anglo-Indian in ( LS )
332. Reservation for SC & ST in (LA)
333. Represent Anglo-Indian in (LA)

338. National Commission for SC
338A. National Commission for ST

340. Appointment of a commission to investigate conditions of BC
341-- SC 342 -- ST

🟡Part XVII, OFFICIAL LANGUAGE(343 to 351)

343. Official language of the Union
345. Official languages of states
346. Official lang for communication b/w one state and another
348. Language to be used in SC & HC

350A. Facilities for mother-tongue at primary stage
350B. Special officer for linguistic minorities
351.Development of Hindi language

🔴Part XVIII, EMERGENCY PROVISIONS (352 to 360)

352.National Emergency
355. Duty of the Union to protect states in Internal & External Emergencies
356. States Emergency (President rule)
359. Suspension of the enforcement of fundamental rights in emergencies
360. Financial Emergency

🔵Part XIX, MISCELLANEOUS (361 to 367)

361. Protection of President and Governors and Rajpramukhs

363. Bar to interference by courts in disputes arising out of certain treaties & agreements

364. Special provisions as to major ports and aerodromes

365. Effect of failure to comply with, or to give effect to directions given by the Union (president’s rule)

🟢Part XX, AMENDMENT OF THE CONSTITUTION (Art 368)

368. Power of Parliament to Amend the Constitution

🟠 Part XXI, TEMPORARY, TRANSITIONAL AND SPECIAL PROVISIONS (369 to 392)

370. Temporary provisions to JK ( Abolished on Aug 5 2019)

SPECIAL PROVISIONS TO STATES :
371. Maharashtra and Gujarat
371A. Nagaland
371B. Assam
371C. Manipur
371D. Andhra Pradesh
371F. Sikkim
371G. Mizoram
371H. Arunachal Pradesh
371-I. Goa
371-J. Karnataka

372. Continuance in force of existing laws and their adaptation
372A. Power of the president to adapt laws

🟡Part XXII, ( 393 to 395 )

393. Short title
394. Commencement
394A. Authoritative text in Hindi language


JUSTICE

#preamble

◇ The term Justice in the Preamble embraces three distinct forms social, economic and political, secured through various provisions of Fundamental Rights and Directive Principles.

Social justice denotes the equal treatment of all citizens without any social distinction based on caste, colour, race, religion, sex and so on. It means absence of privileges being extended to any particular section of the society and improvement in the conditions of backward classes (SCS STB and CBCs) and women.

Economic justice denotes the non-discrimination between people on the basis of economic factors. It involves the elimination of glaring inequalties in wealth, income and property. A combination of social justice and economic justice denotes what is known as distributive justice.

Political justice implies that all citizens should have equal poitical rights, equal access to all political offices and equal voice in the government.


♻️ Preventive Detention Law in India

⚛Preventive detention is a “precautionary measure” not punitive.
⚛First time passed in 1950 - Preventive Detention Act, 1950 (Now Repealed).
⚛Other PD laws were passed & repealed as required Unlawful Activities Prevention Act (UAPA) 1968.
⚛Maintenance of Internal Security Act, 1971 (MISA), the most controversial one.
⚛Conservation of Foreign Exchange and Prevention of Smuggling Act, 1974 (COFEPOSA).
⚛National Security Act (NSA) 1980, a central law applicable to the whole of India.
⚛Terrorist and Disruptive Activities (Prevention) (TADA) Act 1985.
⚛Prevention of Terrorism Act (POTA) 2002.


🎯 Litigation Process & Important Terms🎯


Plaintiff
The party who files a complaint that initiates a lawsuit.

Defendant
A party who is being sued.

Complaint
A document (Petition) a plaintiff files with the court and serves (summons) on the defendant to initiate a lawsuit.

Pleadings
The paperwork that is filed with the court to initiate and respond to a lawsuit.

Motion to Dismiss
A pleading that indicates that the jurisdiction is improper, fails to state a claim, or "statute of limitations" . Filed by defendant

Answer
A pleading that includes "affirmative defenses". Filed by defendant.

Counterclaim/Third party claim
A pleading that a defendant files back to the Plaintiff.

Reply
A pleading that a plaintiff uses if a counterclaim was filed.

Other pleadings
Intervention, Interpleader, Consolidation, Class Action Lawsuits, Injunctions, Specific Performance and other Equitable relief

Written Discovery
Interrogatories, Request for Documents/Admission/Physical/Mental/Inspect property.

Depositions
Oral testimony given by a party or witness prior to trial. The testimony is given under oath and is transcribed.

Expert Witnesses
A person who by virtue of education/training is believed to have expertise beyond that of the average person. Witnesses provide disclosures and depositions.

Motion for Summary Judgment
Ask court to decide case in your favor without a trial.
Standard-where there are no material facts in dispute and party is entitled to judgment as a matter of law.

Motion in Limine
A pretrial motion to decide whether the jury should hear certain evidence.

Trial Order -Step 1
Jury "Selection"-"Voire Dire"

Trial Order-Step 2
Opening statements (plaintiff then defendant)

Trial Order-Step 3
Plaintiff's Case (plaintiff's witnesses and documents and cross-exam by defendant)

Trial Order-Step 4
Defendant's Case (defendant's witnesses and documents and cross-exam by plaintiff)

Trial Order-Step 5
Rebuttal by Plaintiff

Trial Order-Step 6
Closing arguments

Decision-Step 1
Court gives "instructions" to Jury

Decision-Step 2
Jury Deliberates

Decision-Step 3
Jury reaches decision="Verdict"

Decision-Step 4
Court then enters "Judgment" on Verdict

Decision-Step 4a
Court may grant new trial, a verdict for the other side ("JNOV") or decrease/increase the amount of the verdict ("Remittitur" or "Addititur")

Remittitur
When a judge decreases the amount of the verdict

Addititur
When a judge increases the amount of the verdict

JNOV-Judgment notwithstanding the verdict
A judgment issued by a judge that overturns the verdict of the jury if the judge finds jury bias or misconduct

Judgment
The decision of the judge in a trial usually based on the verdict of the jury; the judge may enter a judgment if there is no jury.

Collection of Judgment
Winning case does not ensure payment
Should consider ability to collect prior to filing
Cost to collect may exceed amount of judgment

Method to Collect- #1
Obtain lien on real property

Method to Collect-#2
Seize personal property

Method to Collect-#3
Garnish bank accounts

Method to Collect-#4
Garnish wages

Method to Collect-#5
Enforcement of Judgment in another state
May be limited by exemptions or limitations est. by state law (Homestead exemption)

Litigation
The process of bringing, maintaining, and defending a lawsuit.

Negotiation/Informal settlement
A term that describes the transfer of negotiable instruments to subsequent transferees.

Mediation
A form of alternative dispute resolution in which the parties use a mediator to assist to possibly reach a settlement of their dispute.

Mediation process
1. Little formality
2. No witnesses or cross-exam
3. No evidentiary restrictions
4. No decision by mediator-cannot compel outcome
5. Statements made/Information provided generally not admissible at trial

Arbitration
A form of alternative dispute resolution in which the parties choose an impartial third party to hear and decide their dispute. Preferred by Defendants because less costly and less chance of runaway verdict.

Arbitration process
1. Discovery limited
2. Hearing with witness


📖 Articles Related to Supreme Court at a Glance 📖

➨ Article 124
Establishment and Constitution of Supreme Court

➨ Article 125
Salaries, etc.,of Judges

➨ Article 126
Appointment of acting Chief Justice

➨ Article 127
Appointment of ad hoc Judges

➨ Article 128
Attendance of retired Judges at sittings of the Supreme Court

➨ Article 129
Supreme Court to be a court of record

➨ Article 130
Seat of Supreme Court

➨ Article 131
Original jurisdiction of the Supreme Court

➨ Article 131A
Exclusive jurisdiction of the Supreme Court in regard to questions as to constitutional validity of Central Laws (Repealed)

➨ Article 132
Appellate jurisdiction of Supreme Court in appeals from High Courts in certain cases

➨ Article133
Appellate jurisdiction of Supreme Court in appeals from High Courts in regard to civil matters

➨ Article 134
Appellate jurisdiction of Supreme Court in regard to criminal matters

➨ 13. Article 134A
Certificate for appeal to the Supreme Court

➨ Article 135
Jurisdiction and powers of the Federal Court under existing law to be exercisable by the Supreme Court

➨ Article 136
Special leave to appeal by the Supreme Court

➨ Article 137
Review of judgments or orders by the Supreme Court

➨ Article 138
Enlargement of the jurisdiction of the Supreme Court

➨ Article 139
Conferment on the Supreme Court of powers to issue certain writs

➨ Article 139A
Transfer of certain cases

➨ Article 140
Ancillary powers of Supreme Court

➨ Article 141
Law declared by Supreme Court to be binding on all courts

➨ Article 142
Enforcement of decrees and orders of Supreme Court and orders as to discovery, etc.

➨ Article 143
Power of President to consult Supreme Court

➨ Article 144
Civil and judicial authorities to act in aid of the Supreme Court

➨ Article 144A
Special provisions as to the disposal of questions relating to the constitutional validity of laws (Repealed)

➨ Article 145
Rules of court, etc.

➨ Article 146
Officers and servants and the expenses of the Supreme Court

➨ Article 147
Interpretation


🎯 Steps In a Criminal Case🎯8 Steps:--

1st step
Investigation and Arrest: Police investigate what appears to be a crime. Police take evidence to a judge to obtain an arrest warrant. Police then arrest person, take them to a police station, and the charges are recorded.

2nd step
Initial Appearance: When someone is arrested, they must be brought before a judge as quickly as possible to be charged. Judge explains charges to the defendant and reads the person their rights.

3rd step
Preliminary Hearing or Grand Jury: In federal courts, cases go to a Grand Jury and the Grand Jury determines if their is enough evidence to "hand up" an indictment, or formal charge.

4th step
Plea Bargaining: 90% of criminal cases come to an end with a guilty plea because of plea bargaining. In the pretrial process, the prosecutor, defense lawyer, and police work out an agreement through which the defendant pleads guilty to a lesser (or fewer crimes) in return for the government not prosecuting the more serious crimes.

5th step
arraignment and pleas: At the arraignment, the judge reads the formal charge against the defendant in court. Defendant enters one of four pleas:
Not guilty
Not guilty by reason of insanity
Guilty, or in some states
No contest

6th step: The Trial
If the plea is "not guilty" the next stage is trial. Once the jury is selected, the prosecution presents its case, then the defense presents. Both attorneys will make closing arguments that summarize their case.

7th step:
The Decision (verdict): After closing arguments. the jury discusses wether or not the defendant is guilty "beyond all reasonable doubt.

8th step:
Sentencing: If the defendant is not guilty, they are released immediately. If they are guilty, the judge usually determines the sentence.


💠What is Judicial Review?

🛡 Judicial review is the power of the judiciary to examine the constitutionality of legislative enactments and executive orders of both the Central and State governments.

🛡  The doctrine of judicial review originated and developed in the USA.

🛡 It was propounded for the first time in the famous case of Marbury V. Madison (1803) by John Marshall, the then chief justice of the American Supreme Court.

🛡 The Judicial Review has been classified into three categories:

🛡 Judicial review of constitutional amendments.

🛡 Judicial review of legislation of the Parliament and State Legislatures and subordinate legislations.

🛡 Judicial review of administrative action of the Union and State and authorities under the state.

Показано 19 последних публикаций.