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FREE WRITING PRACTISE UPSC LAW OPTIONAL MAINS

Right to Privacy is protected as an intrinsic part of life and personal liberty enshrined under Article 21 of the Constitution of India” Elucidate this statement in the light of the decision of Justi

QUESTION | “Right to Privacy is protected as an intrinsic part of life and personal liberty enshrined under Article 21 of the Constitution of India” Elucidate this statement in the light of the decision of Justice K.S. Puttaswamy (Retd.) v. Union of India. IMPORTANCE OF THIS QUESTION | This question was asked in 2019 UPSC Law Optional Mains under compulsory part, paper 1, section A . How to answer this question 1. It is completely a question based on single judgment thus read and understand the judgment before venturing this question. 2. Understand the statement given and start explaining it with the help of the judgment ALL THE BEST ! Answers can be written till 26.08.2021 Solution will be posted on 26.08.2021 Your answer will be evaluated on 28.08.2021 How can I post my answer ? Step 1 : Write your answer in a sheet of paper and take a picture of it . Step 2 : Use the "+" button in the comment section to post the same. ANSWER I Nine judge bench of the Supreme Court passed a historic judgment in the case of J. K.S. Puttaswamy v. Union of India, where it was held that “Right to privacy is protected as an intrinsic part of life and life liberty under Article 21 of the Constitution of India”. The sudden turn | In this unanimous decision, the court over-ruled the judgments in case of MP Sharma and Kharak Singh cases which stated the privacy is not a fundamental right. Budding stage for right to privacy | In People’s Union for Civil Liberties v. Union of India,(1996) the Supreme Court held that telephone tapping by government is a violation of Article 21 as privacy forms a part of life to life and personal liberty and it cannot be taken away except by the procedure established by law. Importance and facets of right to privacy | Privacy is an inalienable right inhering in the very personality of human beings and privacy includes the right to be left alone, freedom of thought, freedom to dissent, bodily integrity, informational self- determination. The following conclusions were made in J. Puttaswamy’s judgment a) The right of privacy is a fundamental right. b) It is a right which protects the inner sphere of the individual from interference from both state and non-state actors and allows the individuals to make autonomous life choices. c) Right to privacy cannot be denied even if there is a miniscule fraction of the population which is affected. As only a miniscule fraction of the country’s population constitutes lesbians, gays, bisexuals or transgenders and thus, there cannot be any basis for declaring Section 377 of IPC as ultra vires Article 14, 15 and 21. d) The bench affirms the LGBT rights and disagrees with the decision given in Suresh Koushal v. Naz Foundation. e) Privacy includes at its core the preservation of personal intimacies, the sanctity of family life, marriage, procreation, the home and sexual orientation. Personal choices governing a way of life are intrinsic to privacy. Privacy protects heterogeneity and recognises the plurality and diversity of our culture. Right to privacy was rightly included as part of right to life because without privacy one cannot enjoy one’s life at the fullest. That too living in this digital era makes privacy a huge question, therefore due to change in nature of the society we live in, it demands a natural right to privacy .

Free Writing Practice Madhya Pradesh Judicial Service

When an order for injunction may be discharged, varied or set aside? What are the consequences of disobedience or breach of injunction?

SUBJECT | Civil Procedure Code QUESTION | When an order for injunction may be discharged, varied or set aside? What are the consequences of disobedience or breach of injunction? How to answer this question? This question can be divided into 2 parts:In first part, discuss which Order of CPC deals with the given question and also mention the relevant rules. Discuss all the circumstances as asked in the question under different pointers and do make side headings.In second part, discuss the consequences of disobedience of order under Rule 2A of Order 39.Plan for landmark cases and recent cases on the issue Start writing the answers in lucid style by retaining key words and apt legal terminologies QUESTION CAN BE ATTEMPTED TILL 26.08.2021ANSWER WILL BE POSTED ON 26.08.2021ANSWERS WRITTEN BY ASPIRANTS WILL BE EVALUATED AND POSTED ON 28.08.2021 How to post my answer ? STEP 1 : Take a sheet of paper and write the answer in it. STEP 2 : Take a picture of it and click "+ " icon in comment section to post your answer Answer: Order 39 of the Civil Procedure Code, 1908 which deals with temporary injunctions and interlocutory orders, under its Rule 4 provides for the ‘Order for injunction may be discharged, varied or set aside.’ Who can apply for it ? As per the provision, when any party to a suit is not satisfied with the order of injunction passed by a court it can make an application for discharging, varying or setting aside the concerned order. Thus, any benefits obtained by any party under Injunction order which is subsequently set aside can be restored by the court by invoking its inherent jurisdiction under Section 151 of CPC, 1908. The circumstances, under which Order can be discharged, varied or set aside: a) Misleading or false statement regarding the material fact: If the ex-parte Temporary Injunction was secured by making false or misleading statement in relation to any material fact, the court shall vacate the injunction unless it considers it is not necessary to do so in the interest of justice. The object is that the party seeking the equitable relief must approach the court with clean hand. b) Change of circumstances: The other situation where the court can discharge, vary or set aside the injunction order is the change of circumstances necessitating such variations, modifications or discharge. c) Undue hardship to the opposite party: The court can also discharge, vary or set aside the Injunction order if it led to undue hardship to the party claiming such relief. Furthermore, other important aspect which requires consideration here are the Consequences of disobedience or breach of injunction. In this regard, Order 39 Rule 2A provides that, in case of disobedience of any injunction granted or breach of any terms on which that injunction was granted, the court which granted the injunction or any court to which the suit or proceeding is transferred, may order the following: i. Attachment of property belonging to guilty person, and ii. May order detention in civil person for maximum three months period. Point to Note: The attachment will remain in force for maximum one year but if the disobedience or breach continues beyond one year then the property attached shall be sold. Out of the sale proceeds, compensation may be awarded to the inured party. For Madhya Pradesh Judicial Service Xpert Courses : Click here Call / Whats app : 6382125862 Email : lawxpertsmv@gmail.com Website : www.lawxpertsmv.com Telegram group link : https://bit.ly/37rrcC8

UPSC Law Optional Mains Notes

Notes on Indian Copyright Act 1957

Notes for UPSC Law Optional Mains - Contemporary Legal Development | Copyright Act 1957 PART 1 - NOTES | INDIAN COPYRIGHT ACT 1957 GENERAL MEANING OF COPYRIGHT: Copyright refers to the “right to copy” In what works copyright subsist ? Relevant Provision : Chapter III, Section 13 Copyright is given to following original work : Ø Literary works (including computer programmes, tables and compilations including computer literary data bases) Ø Dramatic works Ø Musical works Ø Artistic works Ø Cinematograph films Ø Sound recordings. Theory for original work : CASE LAW I Macmillan & Company Ltd. v. Cooper, + University of London Press v. University Tutorial Press # THEORY : ‘sweat of the brow’ theory- Originality derives from sufficient labour, skill, capital and efforts applied in the work # Burlington Home Shopping v. Rajnish Chibber. CASE LAW II: Feists Publication Vs Rural Telephone Services # CONCEPT : Minimum modicum of creativity - It must be independently created by the author and that it possesses at least some minimal degree of creativity. CASE LAW III: Eastern Book Company v. D.B. Modak # CONCEPT : An ‘original’ must be a “product of an exercise of skill and judgment” Works from which foreign national is recognised in India ? Copyright of nationals of countries who are members of Ø The Berne Convention for the Protection of Literary and Artistic Works, Ø Universal Copyright Convention and Ø The TRIPS Agreement are protected in India- through the International Copyright Order, as if such works are Indian works Territorial limit of copyright : Valid only within the borders of the country. Protection of Indian copyright in foreign country : Indi seek protection through these international conventions :- Ø Berne Convention for the Protection of Literary and Artistic works. Ø Universal Copyright Convention. Ø Convention for the Protection of Producers of Phonograms against Unauthorized Duplication of their Phonograms. Ø Multilateral Convention for the Avoidance of Double Taxation of Copyright Royalties. Ø Trade Related Aspects of Intellectual Property Rights (TRIPS) Agreement. WHO OWNS THIS RIGHT TO COPY ? It is available only to the author or the creator. Why Copyright ? The protection to the efforts of creators. What is the enactment concerning copyright ? The Copyright Act, 1957 . What is the time period for copyright ? Life + 60 years in India. Copyright bothers about quality violation not quantity violation – explain ! Copyright in a work is considered as infringed only if a substantial part is used unauthorized. CASE LAW : Campbell Vs Acuff Ross Music Inc. # FINDINGS : If a lyricist copy a very catching phrase from another lyricist’s song= infringement . What are the Economic Rights attached with copyright ? Relevant provision : Sec: 14 What are the moral form of rights attached with copyrights ? Relevant provision : Section 57 # There are two basic “moral rights” of an author. These are: (i) Right of paternity = right of an author to claim authorship of work and a right to prevent all others from claiming authorship of his work. (ii) Right of integrity = Author’s right to prevent distortion, mutilation or other alterations of his work. CASE LAW : Eastern Book company v Navin J.Desai # Reproduction of a judgment of the court is an exception to the infringement of the Copyright. REGISTERATION OF COPYRIGHT : Should the copyright be registered ? Registration not compulsory. Then why registration ? Registration serve as prima facie evidence in a court of law Now ! What is procedure for registration ? Relevant Provision : Chapter VI Additional procedure in publishing unpublished work : - Whole /part of manuscript must be sent. Whether work registered as unpublished be changed later as published ? Yes ! Whether works published before enactment of the act could be registered ? Yes ! - provided the works still enjoy copyright. DISTINCTION BETWEEN COPYRIGHT, TRADEMARK AND PATENT TO BUY NOTES / TEST SERIES / VIDEO LECTURE FOR UPSC LAW OPTIONAL MAINS CLICK HERE

FREE WRITING PRACTISE UPSC LAW OPTIONAL MAINS

The issue of Parliamentary-privileges has been a bone of contention and conflict between the....

QUESTION | The issue of Parliamentary-privileges has been a bone of contention and conflict between the Parliament and the Judiciary. “Analyse this statement in the backdrop of decided cases. Importance of this question | This question was asked in 2019 UPSC Law Optional Mains as question 1(d) / Section A / Paper 1 for 10 marks as compulsory question. How to answer this question ? · Read the question and understand it – it talk about parliamentary privileges and demands you to discuss how this privilege has been an issue between court and parliament by quoting cases. · Thus point out the privileges · Identify cases where court gives an contentious opinion on privileges · Combine everything and give and answer with excellent connectivity ALL THE BEST ! Answers can be written till 18.08.2021 Solution will be posted on 18.08.2021 Your answer will be evaluated on 21.08.2021 How can I post my answer ? Step 1 : Write your answer in a sheet of paper and take a picture of it . Step 2 : Use the "+" button in the comment section to post the same. ANSWER TO THE QUESTION ASKED | Article 105 of the Indian Constitution provides parliamentary privileges and Article 194 provides privileges to state legislature. According to the Oxford dictionary the term ‘privilege’ refers to the “special right, advantage or immunity to the particular person. It is a special benefit or honor”. Parliamentary privilege means that the members of Parliament are exempted from any civil and criminal liability for the statements made during session of the house and enjoy various other privileges and immunities. Privileges under Article 105 a) Members of parliament enjoy freedom of speech but it is subject to provisions of Constitution regulating procedure of Parliament. The freedom of speech as a fundamental right guaranteed under Article 19(1)(a) is not absolute. This right is subject to reasonable restrictions under clause (2) of Article 19. But freedom of speech under Article 105 is different from that under Article 19 as it is independent of restrictions provided under Article 19(2) only in relation to what is said by the members within the house. b) Clause 2 of Article 105 says that members of parliament shall not be liable in the court proceedings for anything they have said or any vote given in the parliament or committee thereof nor they shall be liable for publication by or under the authority of any report, votes or proceedings. c) Members are immune from arrest in any civil cases 40 days before and after the adjournment of the houses and during the house is in session. d) Members of the parliament cannot be arrested from the limits of parliament without the permission of the house to which that member belongs. e) They are immune from appearing as witness in a court and has complete liberty to attend the house for performing their duties without any interference from the court. In Algaapural R. Mohanraj v. Tamil Nadu Legislative Assembly, it was held that the principle of the natural justice shall not be violated by the privilege committee. In P.V. Narashima Rao v. State, the Supreme Court denied immunity to one of the member of Parliament from prosecution for bribery as he did not cast a vote, although all members involved in bribery case were immune as they have casted their vote and thus protected by parliamentary privilege as clause 2 to Article 105 provides that’ no member of parliament shall be liable to any proceedings in any court in respect of anything said or any vote given by him in the Parliament.’ Re under Article 143, AIR 1965 SC 745 FACTS | In this case, one Keshava Singh who was not member of any house of legislature was held guilty for contempt of the house and thus sentenced to 7 days imprisonment. His advocate moved habeas corpus petition challenging the sentence of house and contended that his client was not given an opportunity of being heard. HELD | The Allahabad High Court released him on bail pending the decision of the case. In the mean while, the assembly passed a resolution the Judges of High Court which released him on bail and Keshava Singh and his advocate committed contempt of house and they may be taken into custody of the court. · Then Judges and the advocate moved a separate petition under Article 226 that resolution of assembly amounts to contempt of the court. · The matter was referred by President to the Supreme Court under Article 143 that whether legislature is the only judge of its privileges and whether it has authority to punish any person for its contempt. Whether High Court has committed contempt of the house. SUPREME COURT’S VERDICT | The Supreme Court held that Judges can pass an order to release a person who is illegally detained and such order does not amount to contempt of the House. It also held that House of legislature is not a court of record. OWN CONLUSION Call / Whats app : 6382125862 Email : lawxpertsmv@gmail.com Website : www.lawxpertsmv.com Telegram group link : https://bit.ly/37rrcC8

Free Writing Practice Madhya Pradesh Judicial Service

Describe prohibition of discrimination based on sex. Explain meaning, scope and extent of term ....

QUESTION | Describe prohibition of discrimination based on sex. Explain meaning, scope and extent of term ‘citizen’ within the purview of Constitution of India. IMPORTANCE OF THIS QUESTION | This question was asked in 2019 MPJS mains under constitutional law. How to answer this question ? 1. This question has two parts – make a side heading for each part so you cover all parts of the given question. In the second part you have to explain about meaning, scope and extent – make them as sub-headings so that each one of them are covered. 2. Identify the articles that prohibit discrimination based on sex under Indian Constitution 3. Plan for landmark cases and recent cases on the issue Start writing the answers in lucid style by retaining key words and apt legal terminologies QUESTION CAN BE ATTEMPTED TILL 15.08.2021 ANSWER WILL BE POSTED ON 18.08.2021 ANSWERS WRITTEN BY ASPIRANTS WILL BE EVALUATED AND POSTED ON 21.08.2021 How to post my answer ? Ans: Constitution provides protection against discrimination by following ways Article 14 – Generally declares everyone to be treated equally but allows certain class of people to be treated favorably provided such class is identified on reasonable classification. Article 15 – Specifically prohibits discrimination on grounds only of religion, race, caste, sex, place of birth or any of them against citizens ( foreigners do not enjoy art 15 ) with access to public places Article 16 – Specifically prohibits discrimination on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them against citizen ( foreigners do not enjoy Art 15 ) in matters of employment under state.Article 17 – Prohibits untouchability Article 18 – Abolishes titles conferred PROHIBITION OF DISCRIMINATION BASED ON SEX DESCRIBED ! Discrimination is nothing but an unfavorable treatment and sex is nothing but identification of ones gender. On glancing the above provisions we can say that any discrimination based on sex is Broadly violates art 14 if it does not satisfy the test of reasonable classification In ###b,###a href="https://www.lawxpertsmv.com/post/6118b3b684194b0016fe4590/edit#_ftn1" target="_blank" rel="noopener noreferrer" class="_2qJYG _2E8wo">[1]Regulation 46 of Air India was challenged on the ground that it terminates the services of Air Hostesses on her first pregnancy. The court held it as unreasonable and arbitrary provision and violates Article 14 of the Constitution. Thus, the Supreme Court struck down the Air India and Airlines Regulations on retirement and termination of services on pregnancy of Air Hostesses. Specifically violates art 15 if such discrimination is on access to public places In Indian Young Lawyers Association v. State of Kerala, popularly known as Sabarimala Temple Entry case, the Supreme court had declared the years old custom which prohibited entry of women into temple during their mensurating years, as unconstitutional as it violates Article 14 and 25 of the Constitution. EXCEPTION under art 15 – Clause 3 enables state to make laws for upliftment of women and children, here men would be discriminated based on sex yet cannot be complained. Example | Immoral Traffic (Prevention) Act, 1961, Maternity Benefit Act, 1961, Sexual Harassment of Women at workplace (Prevention, Prohibition, and Redressal) Act, 2013, POCSO Act. Specifically violates art 16 if such discrimination is employment under state EXCEPTION under art 15 – Clause 3 enables state to make laws for upliftment of women again here men would be discriminated based on sex yet cannot be complained. Example | Gujarat has given reservation in favor of women Specifically violates art 17 if untouchability is practiced based on sex. Thus above are the safeguards that has both in broad and narrow sense prevent discrimination based on sex. CITIZENSHIP UNDER INDIAN CONSTITUTION Meaning of citizen: the individuals who enjoy the complete civil and political rights in the State. General meaning: As defined in Cambridge dictionary, ‘citizen’ is a person who is a member of a particular country and who has rights because of being born there or because of being given rights, or person who lives in a particular town or city. Scope and extent of term ‘citizen’ There are certain rights which are available only to citizens: a) Right against discrimination- Article 15 b) Right to equal opportunity in matters of employment under the State- Article 16 c) Freedoms under Article 19 d) Cultural and educational Rights- Article 29, 30 e) Right to vote Articles 5 to 11 of the Constitution lay down as to who are the citizens of India at the commencement of the Constitution and how citizenship can be acquired. Modes for acquiring citizenship in India: a) By Domicile [Article 5]- Every person having domicile in India and fulfills the following conditions becomes a citizen of India: · He was born in India · Either of whose parents was born in India · who has been ordinarily resident in India for not less than 5 years immediately preceding the commencement of the Constitution. b) By registration [Article 8]- Any person who has no domicile in India can acquire citizenship by registering himself as an India citizenship according to the procedure. c) By migration [Article 6] Any person who migrates to India from Pakistan can acquire Indian citizenship if he or either of his parents or either of grandparents was born in India. Besides Constitutional provisions, Citizenship Act, 1955 provides for citizenship by following manner: a) Citizenship by Birth- Person born in India on or after 26th January, 1950 and those born in India on or after such commencement and either of whose parents is a citizen of India at the time of his birth is a citizen of India by birth except- · His father possesses diplomatic immunity and is not an Indian citizen. · His father is an enemy alien and his birth occurs at a place under enemy occupation. b) Citizenship by Descent- Any person who is born outside India can become an Indian citizenship if either of his parent was a Indian citizen at time of his birth. c) Citizenship by Registration- Person becomes a citizen of India if he married an Indian citizen or has resided in India for 5 years immediately before making an application for registration. d) Citizenship by Naturalization- Any person who shows that he resided in India for 11 years in the 14 years preceding 12 months before applying for certificate and that he did not stay in India as an illegal migrant. Then, he would be granted a certificate of naturalization. Citizenship by Incorporation of Territory- Whenever India acquires any new territory it can confer Indian citizenship to people of that territory. [1] AIR 1981 SC 1829. For Madhya Pradesh Judicial Service Xpert Courses : Click here Call / Whats app : 6382125862 Email : lawxpertsmv@gmail.com Website : www.lawxpertsmv.com Telegram group link : https://bit.ly/37rrcC8

UPSC Law Optional Mains Previous Year Questions Solved

UPSC Law Optional Mains Previous 20 year question paper analysis | Article 14

UPSC Law optional mains questions concept-wise analysis | Article 14 ANALYSIS OF ARTICLE 14 FOR UPSC LAW OPTIONAL MAINS HOW IMPORTANT IS ARTICLE 14 FOR UPSC LAW OPTIONAL MAINS In past 20 years of UPSC Law Optional Mains exam questions on article 14 was asked in 11 years altogether making 15 questions. Yes! 2 questions were asked form article 14 in the year 2013 and 2008. In total 15 questions for 20 years has appeared, which means the probability of article 14 being asked in future UPSC Law optional mains is 0.75, which is quite high. Therefore its an important topic which shall not be skipped. WHAT ARE IMPORTANT AREAS UNDER ARTICLE 14 ? By glancing the above questions and identifying their core concepts we can observe the following 1. Basic concepts of rule of law 2. Article 14 – with its two components ( facets ) – Equality before law and Equal protection of law 3. Test of reasonable classification under article 14 – Intelligible differentia + rational nexus to object sought to be achieved 4. Arbitrariness is anti- thesis to equality – EP Royappa V. TN Are the major concepts that shall never be skipped while reading article 14 for UPSC Law Optional Mains

UPSC Law Optional Mains Previous Year Questions Solved

Audi alteram partem’, rule is a very flexible, malleable and adaptable concept of natural justice

Question | Audi alteram partem’, rule is a very flexible, malleable and adaptable concept of natural justice to adjust the need for speed and obligation to act fairly.” Examine the statement with the help of decided case-law Importance of this question : This question was asked in 2019 UPSC Law Optional Mains under compulsory part for 10 marks. How to answer this question ? Step 1: Read the question twice understand it Step 2 : It’s a statement based question thus, try to find out from where it is picked. Usually these type of statements will be taken from landmark judgments. Step 3 : Question demands you to write the whole answer – examine the statement with cases. So identify the cases supporting the statement Step 4 : Start writing your answer by giving cases that support the statement, you can quote cases that go against the statement too since you are in process of examining the statement. ALL THE BEST ! Answers can be written till 12.08.2021 Solution will be posted on 12.08.2021 Your answer will be evaluated on 14.08.2021 How can I post my answer ? Step 1 : Write your answer in a sheet of paper and take a picture of it . Step 2 : Use the "+" button in the comment section to post the same. ANSWER | The statement quoted above was given in the judgment of Swadeshi Cotton Mills v. Union of India, context of the same will be explained later What is audi alteram partem ? The principles of natural justice are based on fairness, reasonableness and equity. One of the basic concept of principles of natural justice is ‘Audi Alteram Partem’. ‘Audi Alteram Partem’ is derived from the latin phrase ‘audiatur et altera pars’. It means ‘to hear the other side’ i.e. no person shall remain unheard or both the parties must be given an opportunity of being heard. Understanding principle of natural justice : The concept of natural justice includes two rules that is- no one shall be a judge in his own case and secondly rule of ‘audi alteram partem’ that no decision shall be given against a party without affording him a reasonable hearing. Swadeshi Cotton Mills v. Union of India AIR 1981 SC 81- context of the statement given “Audi alteram partem rule may be disregarded in an emergent situation where immediate action brooks no delay to prevent some imminent danger or injury or hazard to paramount public interests. Thus, Section 133 of the Code of Criminal Procedure, empowers the magistrates specified therein to make an exparte conditional order in emergent cases, for removal of dangerous public nuisances. Action on grounds of public safety public health may justify disregard of the rule of prior hearing. The audi alteram partem rule, as already pointed out, is a very flexible, malleable and adaptable concept of natural justice.” Statement explained by court - ( flexibility is )To adjust and harmonise the need for speed and obligation to act fairly, it can be modified and the measure of its application cut short in reasonable proportion to the exigencies of the situation. To what extent the rule can be flexible ? The question, (as to what extent and in what measure) this rule of fair hearing will apply at the pre-decisional stage will depend upon the degree of urgency, if any, evident from the facts and circumstances of the particular case.”- COURTS WORDS ! In Union of India v. W.N. Chadha AIR 1993 SC 1082 - The Supreme Court observed that rule of ‘audi alteram partem’ is rule of natural justice and its application would be excluded if the rule leads to injustice. Exceptions to the rule of ‘audi alteram partem’ 1) Statutory exclusion Natural justice is submitted by the Courts when the parent statutes under which an action is made by the administration is quiet as to its application. Exclusion to make reference to one side of hearing in the statutory arrangement does not reject the hearing of the other party. A statute can exclude natural justice either expressly or y necessary implication. 2) Legislative function Hearing is prohibited in certain circumstances. The ground on which hearing is excluded is that the action of the administrative in question is legislative and not administrative in character. If the legislative exclusion is based on arbitrariness, unreasonableness then the courts can cancel that provision under Article 14 and 21 of the Constitution. 3) Emergency In cases of urgency when the delay would lead to jeopardizing the interest of the public, then rule of hearing would be excluded. 4) Confidentiality In cases of confidentially, the rule of audi alteram partem can be excluded. In Malak Singh v. State of P &H;, the apex court held that maintaining the surveillance register by the police is a confidential document and public is barred to access it. Further, the court observed that application of principle of natural justice in such cases would defeat the purpose of surveillance. 5) Impractibility If it not practicable to apply the rule of natural justice then in such circumstances the rule of hearing is excluded. OWN CONCLUSION Call / Whats app : 6382125862 Email : lawxpertsmv@gmail.com Website : www.lawxpertsmv.com Telegram group link : https://bit.ly/37rrcC8

Madhya Pradesh Judicial Service Previous Year Solved

Describe the protection in respect of conviction for an offence provided in Constitution.

App link :https://bit.ly/3kjznEehttps://bit.ly/3kjznEeQUESTION | Describe the protection in respect of conviction for an offence provided in Constitution. Compare the same with the analogous provisions in Criminal Law | QUESTION TO BE ANSWERED. How important is this question ? This question one of 2019 Madhya Pradesh Judicial Service Examination Mains under constitutional law. How to answer this question ? 1. Read the question twice – this question has two parts, therefore make side heading for each part so that you do not miss any part of the question. 2. Identify the legal provisions that must be quoted under constitutional law and criminal law 3. Plan the cases to be quoted while explaining the provisions Start writing the answers in lucid style by retaining key words and apt legal terminologies QUESTION CAN BE ATTEMPTED TILL 12.08.2021 ANSWER WILL BE POSTED ON 12.08.2021 ANSWERS WRITTEN BY ASPIRANTS WILL BE EVALUATED AND POSTED ON 14.08.2021 How to post my answer ? STEP 1 : Take a sheet of paper and write the answer in it. STEP 2 : Take a picture of it and post it in the comment section. For Madhya Pradesh Judicial Service Xpert Courses : Click here ANSWER TO THE QUESTION ASKED | Article 20 of the Constitution of India provides protection to accused in respect of conviction for offences. It provides protection to accused under the three different clauses of Article 20 as under: i. Ex-post Facto law ii. Double jeopardy iii. Self- incrimination Ex-post facto law is dealt under Article 20(1) of the Indian Constitution which provides for retrospective effect of punishment for the offence committed by the accused. a) It provides that accused person would be liable for conviction in case of violation of any law which was in force at time of commission of such act amounting to an offence. b) If the act committed by a person did not amount to an offence or violation of any law at the time of its commission then, he would not be liable for such act. c) Accused shall be liable for only such punishment which is prescribed for the act committed/ violation of law at the time of its commission and to no greater penalty. d) If any punishment is enhanced for the offence committed by accused post he committed that act would not have any effect on accused case i.e. post facto enhancement in imprisonment would not have retrospective application. In landmark case of Kedar Nath v. West Bengal,(1953) the Supreme Court observed that, whenever an act is declared as a criminal offence and/or provides penalty for same by the legislature, it is always prospective in nature and can’t be implemented retrospectively to uphold what is being said under Article 20(1). In Maru Ram v. Union of India and Anr. the Court observed that Article 20(1) also includes the rule that there will be no retrospective infliction of penalties heavier than those existing ones at the time of commencement of the offence. Double Jeopardy as provided under Article 20(2) of the Constitution safeguards the person from double prosecution and punishment. Related maxim : This provision is based on the maxim, “Nemo debet bis vexari pro una et eadem causa” i.e. ‘no person can be prosecuted and punished twice for the same offence in subsequent proceedings’. a) It provides that any person who has been already prosecuted and punished shall not be prosecuted and punished again for the same offence. b) It simply means when one person is tried for a criminal offence and convicted will not face second trial for the same charges. Self- incrimination is prohibited by provisions of Article 20(3). It provides that accused cannot be compelled to become a witness against himself. Related Maxim | “nemo tenetur prodere accussare seipsum” i.e. ‘no man is bound to accuse himself’. Protection under criminal law Section 300 of CrPC incorporates oldest and fundamental principle of criminal justice also known as ‘protection against Double Jeopardy’. Important points related to provisions of Section 300 of CrPC a) Protection is available to all persons under Section 300 of CrPC including the citizens or non-citizens, Natural and artificial persons. b) It will apply if the end result of trial is acquittal or conviction of person. Comparison under Constitution and Criminal law Section 300 of CrPC is based on two principles: a) Autre fois acquit – previously acquitted b) Autre fois convict – previously convicted Thus, application of Section 300 CrPC is wider as applies to both cases when the accused is either acquitted or convicted. Article 20(2) covers cases only where the prosecution results in conviction of the person. In State of Tamil Nadu v. Nalini, 1999 SC, the apex court held that Section 300 of CrPC contains a bar against second trial of accused of same offence irrespective the fact that accused was acquitted or convicted for that offence at the trial. On the other hand, Article 20(2) is narrower than Section 300 CrPC as it provides protection only if the person is convicted. OWN CONCLUSION – Give your own conclusion. Call / Whats app : 6382125862 Email : lawxpertsmv@gmail.com Website : www.lawxpertsmv.com Telegram group link : https://bit.ly/37rrcC8 App link : https://bit.ly/3kjznEe

FREE WRITING PRACTISE UPSC LAW OPTIONAL MAINS

Audi alteram partem’, rule is a very flexible, malleable and adaptable concept of natural justice

Question | Audi alteram partem’, rule is a very flexible, malleable and adaptable concept of natural justice to adjust the need for speed and obligation to act fairly.” Examine the statement with the help of decided case-law 1 Importance of this question : This question was asked in 2019 UPSC Law Optional Mains under compulsory part for 10 marks. How to answer this question ? Step 1: Read the question twice understand it Step 2 : It’s a statement based question thus, try to find out from where it is picked. Usually these type of statements will be taken from landmark judgments. Step 3 : Question demands you to write the whole answer – examine the statement with cases. So identify the cases supporting the statement Step 4 : Start writing your answer by giving cases that support the statement, you can quote cases that go against the statement too since you are in process of examining the statement. ALL THE BEST ! Answers can be written till 12.08.2021 Solution will be posted on 12.08.2021 Your answer will be evaluated on 14.08.2021 How can I post my answer ? Step 1 : Write your answer in a sheet of paper and take a picture of it . Step 2 : Use the "+" button in the comment section to post the same. ANSWER | The statement quoted above was given in the judgment of Swadeshi Cotton Mills v. Union of India, context of the same will be explained later What is audi alteram partem ? The principles of natural justice are based on fairness, reasonableness and equity. One of the basic concept of principles of natural justice is ‘Audi Alteram Partem’. ‘Audi Alteram Partem’ is derived from the latin phrase ‘audiatur et altera pars’. It means ‘to hear the other side’ i.e. no person shall remain unheard or both the parties must be given an opportunity of being heard. Understanding principle of natural justice : The concept of natural justice includes two rules that is- no one shall be a judge in his own case and secondly rule of ‘audi alteram partem’ that no decision shall be given against a party without affording him a reasonable hearing. Swadeshi Cotton Mills v. Union of India AIR 1981 SC 81- context of the statement given “Audi alteram partem rule may be disregarded in an emergent situation where immediate action brooks no delay to prevent some imminent danger or injury or hazard to paramount public interests. Thus, Section 133 of the Code of Criminal Procedure, empowers the magistrates specified therein to make an exparte conditional order in emergent cases, for removal of dangerous public nuisances. Action on grounds of public safety public health may justify disregard of the rule of prior hearing. The audi alteram partem rule, as already pointed out, is a very flexible, malleable and adaptable concept of natural justice.” Statement explained by court - ( flexibility is )To adjust and harmonise the need for speed and obligation to act fairly, it can be modified and the measure of its application cut short in reasonable proportion to the exigencies of the situation. To what extent the rule can be flexible ? The question, (as to what extent and in what measure) this rule of fair hearing will apply at the pre-decisional stage will depend upon the degree of urgency, if any, evident from the facts and circumstances of the particular case.”- COURTS WORDS ! In Union of India v. W.N. Chadha AIR 1993 SC 1082 - The Supreme Court observed that rule of ‘audi alteram partem’ is rule of natural justice and its application would be excluded if the rule leads to injustice. Exceptions to the rule of ‘audi alteram partem’ 1) Statutory exclusion Natural justice is submitted by the Courts when the parent statutes under which an action is made by the administration is quiet as to its application. Exclusion to make reference to one side of hearing in the statutory arrangement does not reject the hearing of the other party. A statute can exclude natural justice either expressly or y necessary implication. 2) Legislative function Hearing is prohibited in certain circumstances. The ground on which hearing is excluded is that the action of the administrative in question is legislative and not administrative in character. If the legislative exclusion is based on arbitrariness, unreasonableness then the courts can cancel that provision under Article 14 and 21 of the Constitution. 3) Emergency In cases of urgency when the delay would lead to jeopardizing the interest of the public, then rule of hearing would be excluded. 4) Confidentiality In cases of confidentially, the rule of audi alteram partem can be excluded. In Malak Singh v. State of P &H;, the apex court held that maintaining the surveillance register by the police is a confidential document and public is barred to access it. Further, the court observed that application of principle of natural justice in such cases would defeat the purpose of surveillance. 5) Impractibility If it not practicable to apply the rule of natural justice then in such circumstances the rule of hearing is excluded. 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UPSC Law Optional Mains Current Affairs

Can Politicians file PIL ?

Can Politicians file PIL ?WHAT HAPPENED ? Calcutta High Court ordered to re-institute criminal cases against West Bengal Chief Minister Mamata Banerjee’s election agent, S.K. Supian in a PIL. CAUSE TITLE : STATE OF WEST BENGAL v. DEEPAK MISRA What was the criminal case against Mr. Supian was all about ? It was an case in connection with the Nandigram protests against land acquisition. Nandigram protest ??? It was protests over the alleged improper acquisition of land by the state to create a special economic zone (SEZ) in Nandigram. Okie ! Now what Mr. Supian did ? Mr. Supian had challenged the order passed by the Calcutta High Court ordering re-institution of criminal case against him. What was his contention ? He had contended that he was not made a party in the PILs. He said the reinstitution of the criminal cases has impaired his ability to discharge his functions as an election agent under the Representation of the People Act 1951. PIL was filled were initiated by persons belonging to a political party for political motive. The Public Interest Litigations should not, therefore, have been entertained. WHAT SUPREME COURT SAID ???? The Supreme Court has said judges need not read political motives or prejudice into a PIL petition merely because the person who filed it is a politician. POINT TO NOTE | Persons with political affiliations are as much entitled to file a public interest litigation as any other person. EXAMINATION IN PIL | It is true that the court is required to examine whether a litigation is really in public interest or to advance some other interest in the garb of public interest, at the same time, a Public Interest Litigation [PIL] cannot be thrown out only because the petitioner belongs to a rival political party. RULLING | Politicians entitled to file PILs – Supreme Court CASE HIGHLIGHT | ‘Whether the litigation is bona fide or not has to be examined by court on a case-to-case basis’ WHAT IS PIL ? Public interest litigation (PIL) refers to litigation undertaken to secure public interest and demonstrates the availability of justice to socially-disadvantaged parties and was introduced by Justice P. N. Bhagwati. It is a relaxation on the traditional rule of locus standi. RELATED LEGAL PROVISIONS | CONSTITUTIONAL LAW - Article 32 and 226  Call / Whats app : 6382125862 Email : lawxpertsmv@gmail.com Website : www.lawxpertsmv.com Telegram group link : https://bit.ly/37rrcC8 App link : https://bit.ly/3kjznEe