Article 20 (3) Indian Constitution

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RIGHT OF ARRESTED PERSON UNDER THE INDIAN CONSTITUTION

RIGHT OF ARRESTED PERSON UNDER THE INDIAN CONSTITUTION

According to this doctrine, if a person is tried and acquitted or convicted of an offence, he cannot be tried again for the same offence or on the same facts for any other offence. This doctrine has been substantially incorporated in the Article 20(2) of the Constitution and is also embodied in Section 300 of the Criminal Procedure Code, 1973. 3 When once a person has been convicted or acquitted of any offence by a competent court, any subsequent trial for the same offence would certainly put him in jeopardy and in any case would cause him unjust harassment. Such a trial can be considered anything but fair, and therefore has been prohibited by the Code of Criminal Procedural as well as by the Constitution. 4 A person who has once been tried by a Court of competent jurisdiction for an offence and convicted or acquitted for such offence shall, while such conviction or acquittal remains in force, not be liable to be tried again for the same offence, nor on the same facts for any other offence for which a different charge from the one made against him might have been made under sub-section (1) of section 221, or for which he might have been convicted under sub-section (2) thereof. The dismissal of a complaint, or the discharge of the accused, is not an acquittal for the purposes of this section. Constitutional provision to the same effect is incorporated in Article 20 (2) which provides that no person shall be prosecuted and punished for the same offence more than once.
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NARCO ANALYSIS TEST IN INDIA- A REVIEW

NARCO ANALYSIS TEST IN INDIA- A REVIEW

Supreme Court harmonised between protection given under Constitution and narco analysis. However, in SelviVs State of Karnataka 24 , in a major blow to investigating agencies, the Supreme Court held the use of narco analysis, on any person without their consent as unconstitutional and violation of the ‘right to privacy'. Supreme Court said: “We hold that no individual should be forcibly subjected to any of the techniques in question, whether in the context of investigation in criminal cases or otherwise. Doing so would amount to an unwarranted intrusion into personal liberty.” The learned judges leaned heavily on various judgements in USA on the undesirability of employing narco- analysis holding them to be “cruel, inhuman and degrading treatment”. The Supreme Court’s decision disagreed with the reasoning of the various High Court judgments in three main areas: a) the reliability/unreliability of the tests, b) self- incrimination protections,c) substantive due process rights. 25 The first area in which the Supreme Court strongly disagreed with many of the Courts in question related to the degree of validity and reliability of Norcoanalysis test. In questioning the scientific reliability of Norco analysis, the Court noted that there is no uniform opinion among the scientists on the reliability of the tests. The Court also noted that some subjects of narcoanalysis “can become extremely suggestible to questioning” while others might “concoct fanciful stories. The Supreme Court overruled various High Courts in declaring that the administration of drugs violated subjects’ rights against self- incrimination in contravention of Article 20(3) of the Indian Constitution. The Court ruled that since the answers given during the administration of the test are not consciously and voluntarily given, and since an individual does not have the ability to decide whether or not to answer a given question, the results from the tests amount to the requisite compelled testimony to violate Article 20(3). Even if a person voluntarily agreed to undergo any of the tests at the outset, the responses given during the tests are not voluntary. While the High Courts addressing the issue of substantive due process rights gave scant attention to potential rights violations under Article 21 of the Constitution, the Supreme Court found that narcoanalysis violated individuals’ right to privacy and amounted to cruel, inhuman or degrading treatment. The Court found the test to amount to an invasion of privacy by intruding into a “subject’s mental privacy,” denying an opportunity to choose whether to speak or remain silent, and physically restraining a subject to the location of the tests. The Court stated, “forcible intrusion into a person’s mental processes is… an affront to human dignity and liberty, often with grave and long-lasting consequences.
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Principles of Double Jeopardy in India A Judicial Diagnosis

Principles of Double Jeopardy in India A Judicial Diagnosis

Using H. L. A. Hart‟s theory, it can be argued that article 20(2) of Indian constitution is a secondary rule that empowers the primary rule under section 300 of Cr.PC. Article 20(2) enumerates the standard requirement and it allows the creation and it empowers subsequent rule on its descriptive lines. Tough, it is not always necessary that a secondary rule has to be very descriptive in nature, often primary rules are vague and obscure but they set the standard that allows the primary rule to evolve. Having said that, based on Hart‟s theory of primary and secondary rules, it is the article 20(2) of constitution of India that allows and empowers Section 300 of Cr.PC.
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The Constitutional Foundation of Human Rights and Justice,
Methodologies to Improve Social Justice to the Marginalized and the Vulnerable

The Constitutional Foundation of Human Rights and Justice, Methodologies to Improve Social Justice to the Marginalized and the Vulnerable

facilities to its senior citizens. For the health of elders many concessions are provided by the government and private hospitals for the treatment of the diseases like cardiac problems, diabetes, kidney problems, blood pressure, joint problems and eye problems. There is also a condition for separate queuing of reservations for hospital beds. For travel, Indian railways give 30% concessions in the ticket prices to all the persons aged 60 years and above. It is 50% for women aged over 60 years. Air India provides 45% concessions to older persons in wheel chairs and are allowed to board the plane first. For Banking the Indian government gives high rates of interest to its senior citizens on certain savings plans which are run by the post offices and other private banks.
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M’Intosh to Mabo: Sovereignty, Challenges to Sovereignty, and Reassertion of Sovereign Interests

M’Intosh to Mabo: Sovereignty, Challenges to Sovereignty, and Reassertion of Sovereign Interests

The very term "nation," so generally applied to them, means "a people distinct from others." The constitution, by declaring treaties already made, as well as those to be made, to be the supreme law of the land, has adopted and sanctioned the previous treaties with the Indian nations, and consequently admits their rank among those powers that are capable of making treaties. The words "treaty" and "nation" are words of our own language, selected in our diplomatic and legislative proceedings, by ourselves, having each a definite and well understood meaning. We have applied them to Indians, as we have applied them to the other nations of the earth. They are applied to all in the same sense. 14
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An analysis of judicial trend and attitude towards executive legislation (article 123/213) of indian constitution

An analysis of judicial trend and attitude towards executive legislation (article 123/213) of indian constitution

In case of Krishna Kumar Singh and Ors.Vs. State of Bihar and Ors 30 , the Governor of Bihar promulgated the first of the Ordinances which is in issue in the present case, providing for the taking over of four hundred and twenty nine Sanskrit schools in the state. The services of teachers and other employees of the school were to stand transferred to the state government subject to certain conditions. The first Ordinance was followed by a succession of Ordinances. None of the Ordinances were placed before the state legislature as mandated. The state legislature did not enact a law in terms of the Ordinances. The last of them was allowed to lapse. Writ proceedings were initiated before the High Court by the staff of the Sanskrit schools for the payment of salaries. An appeal against the decision of the High Court came up before a Bench of two judges of this Court in Krishna Kumar Singh v. State of Bihar wherein, both the judges-Justice Sujata Manohar and Justice D.P. Wadhwa-agreed in holding that all the Ordinances, commencing with the second, were invalid since their promulgation was contrary to the constitutional position established in the judgment of the Constitution Bench. The difference of opinion between the two judges was in their assessment of the constitutional validity of the first Ordinance; one of them holding that it was invalid while the other held it to be unconstitutional. When the case came before a Bench of three judges, it was referred to a Bench of five judges on the ground that it raised substantial questions relating to the Constitution. The proceedings therein resulted in a reference to a larger Bench of seven Judges. The majority judgment, delivered by Justices S. A. Bobde, Adarsh K. Goel, Uday U. Lalit, D. Y. Chandrachud and L. Nageswara Rao, Chief Justice of India T. S. Thakur and Justice Madan B. Lokur differed from the majority view. The three decisions of Constitution Benches, namely- State of Orissa v. Bhupendra Kumar Bose 31 , T. Venkata Reddy and Ors. v. State of Andhra Pradesh 32 and State of Punjab v. Sat Pal Dang and Ors. 33 have been noticed. The court relied on D.C. Wadhwa v. State of Bihar 34 and S.R. Bommai and Ors. v. Union of India 35. . The judgment for majority was authored by Justice D. Y. Chandrachud, held:
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An Issue of Invocability of Provisions of the WTO Covered Agreements Before Domestic Courts

An Issue of Invocability of Provisions of the WTO Covered Agreements Before Domestic Courts

43. In connection to the constitutionality of the ratification, Prachand Man Shrestha, Head of the WTO Cell at the Ministry of Industry and Commerce, says “Our constitution has a provision for making laws in absence of the House of Representatives and we have done so in the past 14 years. In case of WTO, if we are required to join it within a certain deadline, we can bring the ordinance accordingly. But we have been cautious enough not to hamper the democratic system. If the House of Representatives, after it comes into being, finds that the WTO package was not the right deal, it can still take action. The ratification had to be done through the amendment because we have the 31 March deadline. If we fail to do so, we will be putting our country’s credibility at stake.” “Despite the provision in the Treaty Act, we could not get the ratification done through the House of Representatives because it is not there right now. But we are running out of time for ratification. After intensive discussion with legal professionals, we decided to make the amendment in the Treaty Act through ordinance so that ratification is possible. The additional clause in the Act will be applicable only in case international organizations join, which have to be multilateral and that means only the WTO. The amendment also has a mandatory provision that we notify the House of Representatives within seven days of its formation about the changes made. If dates for elections are announced, this provision will be null and void. That is how we have tried to maintain the spirit of the Act and the Constitution.” See NEPALI TIMES, #189, 26 March – 1 April 2004, http://www.nepalitimes.com/issue189/economy.htm (visited on 3/29/2004).
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Indian Constitution and Right to Peaceful Protest

Indian Constitution and Right to Peaceful Protest

Abstract: This research paper is regarding the right to peaceful protest is interpreted along with the freedom of peaceful assembly, the fundamental right guaranteed and enforced in court of law under the part III of Constitution of India. It states the relevant provisions of the Constitution of India. The way in which the right to protest was exercised by people in the olden days and how now it is exercised. Right to protest used as a weapon for solving the grievances. Traditionally used in the non- violent mode and recently exercised by practicing and demonstration of violent activities. The right to protest to be used with certain restrictions.The role of policemen to stop the violent protest. Policemen while taking steps to stop such kind of violent protest sometimes uses excessive force in order to control the situation which leads to violation of human rights and dignity. For the misconduct on the part of policemen the state can be held liable. Remedies available under the various articles of the Constitution of India to the victim along with the justification. Overall the research states about the right to peaceful protect and the relevant articles in the constitution of India.Key Words: Constitution of India, article, right, policemen, peaceful protest, violent, exercise, Fundamental right and violent.
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Entrenchment Illusion: The Curious Case of Egypt’s Constitutional Entrenchment Clause

Entrenchment Illusion: The Curious Case of Egypt’s Constitutional Entrenchment Clause

See The Constitution of the Republic of Ghana, 1996, c. 25, art. 290 stating “(2) A bill for the amendment of an entrenched provision shall, before Parliament proceeds to consider it, be referred by the Speaker to the Council of State for its advice and the Council of State shall render advice on the bill within thirty days after receiving it. (3) The bill shall be published in the Gazette but shall not be introduced into Parliament until the expiry of six months after the publication in the Gazette under this clause. (4) After the bill has been read the first time in Parliament it shall not be proceeded with further unless it has been submitted to a referendum held throughout Ghana and at least forty percent of the persons entitled to vote, voted at the referendum and at least seventy0five percent of the persons who voted case their votes in favour of the passing of the bill. (5) Where the bill is approved at the referendum, Parliament shall pass it. (6) Where a bill for the amendment of a n entrenched provision has been passed by Parliament in accordance with this article, the President shall assent to it.” Likewise, The Lithuanian Constitution, (1992), ch. XIV, art. 148 provides “The provision of Article 1 of the Constitution “the State of Lithuania shall be an independent democratic republic” may only be altered by referendum if not less than 3/4 [three-fourths] of the citizens of Lithuania with the electoral right vote in favor thereof. The provisions of the First Chapter “The State of Lithuania” and the Fourteenth Chapter “Alteration of the Constitution” may be altered only by referendum.”
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Human Rights & Indian Constitution

Human Rights & Indian Constitution

All human rights are useless unless the right to education is recognised and provided to all, because until a person becomes literate he can‟t understand what right he possesses. The right to education is not exercised by downtrodden people because they are unaware of the importance of education. The schools are running on papers without giving effects to given purposes. As rightly observed by John Adams, “the preservation of means of knowledge among the lowest rank is of more importance to the public than all the property of all rich men in the country”. Article 21 A was added in the Constitution of India by the 86 th Constitutional
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QUALITY OF ELEMENTARY EDUCATION IN NAYAGARH DISTRICT OF ODISHA: AN EVALUATIVE STUDY

QUALITY OF ELEMENTARY EDUCATION IN NAYAGARH DISTRICT OF ODISHA: AN EVALUATIVE STUDY

MAY-JUNE, 2015, VOL-I, ISSUE-I www.srjis.com Page 2 "It shall be ensured that free and compulsory education of satisfactory quality is provided to all children up to 14 years ago before the new generation enters 21st century." The National Policy on Education (1986) and Programme of Action (1992) recommended a number of measures for qualitative improvement of standardzing levels of learning at elementary stage and so on. The Sarva Shiksha Abhiyan launched in 2001 throughout the country is an effort to universalize access to and retention in school emphasizing the quality of elementary education. The 93rd Amendment of the Constitution (2001) declared primary education as a 'Fundamental Right'. Article 21 A of Indian Constitution is placed along with redefining the Article 45 and introduction of Article 51 K as a fundamental duty. Article 21A states: "The state shall provide free and compulsory education to all children of six to fourteen years in such manner as state may, by law determine." The historic moment has happened on 1st April, 2010 when The Right' of Children to Free and Compulsory Education (RTE) Act - 2009 came into force that guarantees free and compulsory elementary education to all children in India. There have been efforts at the international level to universalize elementary education, such as the World Conference on Education for all held in Jometien, Thailand (1990) which Dakar Framework for Education for All (2000), the Millenium Development Goals (2000), Third High Level Group Meeting (2003) and Global Monitoring Report (2005). Quality in and of education has always been a priority area and a prominent agenda of various committees and commissions on education. Consistent efforts have been made in the post-independence period to improve the quality of elementary education. The dimensions of quality elementary education are basic infrastructure and other facilities, suitable learning environment, teaching and teacher preparation, curriculum and teaching learning material, teaching learning process, instructional time, evaluation, monitoring and supervision and community participation and support. The major efforts in the direction of Usiniversalisation of Elementary Education at the national level by the Central Government are Operation Blackboard (OB) Scheme, District Primary Education Programme (DPEP), Mid-Day Meals (MDM) Programme, Janasala and Serve Shiksha Abhiyan (SSA) etc.
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LINGUISTIC MINORITY CONCEPT IN INDIA: MYTH AND REALITY

LINGUISTIC MINORITY CONCEPT IN INDIA: MYTH AND REALITY

The Indian languages of today have evolved from different language families corresponding more or less to the different ethnic elements that have come into India from the dawn of History; these languages have interacted with one another through the centuries and produced the major linguistic divisions of Indian. The Indo-Aryan, the biggest of the language group in India accounting for 74 per cent of the entire Indian population is the India branch of Indo-European family, which was brought into the subcontinent by ancient invaders, the Aryans and is spoken in the North India the most important languages in this group are Panjabi, Sindhi, Hindi, Bihari, Rajasthanai Gujarati, Marathi, Assamese, Bengali, Oriya, Pahari, Kashmiri and Sanskrit. The Dravidian family, which came into India centuries before the Indo-Aryan period, is the second language group covering about 24 per cent of the total Indian population. The Dravidian family languages still pre-dominate the south India. The outstanding languages of this group include Telugu, Tamil, Kannad and Malayalam. It is obvious, then, that the language spoken by 98 per cent of the population belonging to two great families viz. Indo-Aryan and Dravidian.
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Sexual Harassment of Woman at Work Places

Sexual Harassment of Woman at Work Places

In absence of specific legislation and guidelines ,the courts in India specifically depend on two sections of the Indian Penal Code, namely 354 (outraging the modesty of woman) and 509 (insulting the modesty of a woman).The sections are attracted only where the intention of the harasser was to outrage or insult the modesty of a woman. In the workplace, the idea of employee or supervisor has not been to outrage or insults modesty of a woman employee, but to gain sex access through the promise or reward of related benefits or to gain sexual favours through the threat of job related punishment.
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Examination of Article 21 Right To Life and Personal Liberty

Examination of Article 21 Right To Life and Personal Liberty

Article 21 requires that no one shall be deprived of his life or personal liberty except by procedure established by law and this procedure must be reasonable, fair and just and not arbitrary, whimsical or fanciful. The law of preventive detention has therefore now to pass the test not only for Article 22, but also of Article 21 and if the constitutional validity of any such law is challenged, the court would have to decide whether the procedure laid down by such law for depriving a person of his personal liberty is reasonable, fair and just. In another case of Olga Tellis and others v. Bombay Municipal Corporation and others, it was further observed: Just as a mala fide act has no existence in the eye of law, even so, unreasonableness
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Constitutionality of Extra-Territorial Taxation of Off-Shore Services of Non-Residents under Income Tax Act, 1961

Constitutionality of Extra-Territorial Taxation of Off-Shore Services of Non-Residents under Income Tax Act, 1961

Thus, article 245 (2) rightly suggests that a law cannot be invalid simply because it has an extra-territorial operation. In other words, such laws cannot be struck down due to their extra-territorial effect unless it fails to show sufficient nexus. The law needs to portray some form of relationship with India else the parliament would be wholly incompetent to legislate or enact such law. Once a nexus is established, India will have the right to tax it.

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Notes and Abstracts

Notes and Abstracts

Section 20 of the judiciary article of the state constitution reads as follows: 'No judicial officer, except justices of the peace, shall receive" to his own use any fees or perquisites [r]

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Article 20

Article 20

It is typically not cited in cases arising under EU anti-discrimination legislation. It seems artificial to construct a strict boundary between Articles 20 and 21. Whereas the former sets out a general principle of equal treatment with wide-ranging applica- tion, the latter applies this in specific situations. In this view, Article 21 emerges as a type of lex specialis in contrast to the lex generalis found in Article 20. The distinction lies in the type of differences in treatment that each covers. As discussed above, Article 20 potentially applies to any situation where the law differentiates between categories in its application. This encompasses categories that are transient in nature with no wider social meaning, such as the distinction between those who were continuously involved in milk production and those who had discontinued milk production. Article 21 is more specifically focused upon important personal characteristics that often give rise to inequalities across different aspects of social life, such as employment, education, hous- ing, healthcare, or access to services. Many of the characteristics mentioned in Article 21 are linked to well-known sources of social prejudice where there is a history of stigma and disadvantage. While the characteristics found in Article 21 are not all immutable in nature, they are often intrinsic to personal identity, such as religion or sexual orien- tation. Nevertheless, it must be acknowledged that this way of distinguishing between Articles 20 and 21 remains troubled by ambiguities. In particular, ‘property’ is included as a prohibited ground of discrimination in Article 21. Yet property is a much less
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The scope and ambit of amendment of the constitution; a comparitive study of the constitutions of India, U S A and Ethiopia

The scope and ambit of amendment of the constitution; a comparitive study of the constitutions of India, U S A and Ethiopia

Constitution of a country is the basic law of the land which provides the rights and duties of citizen along with organization of government, its powers. All the constitutions are equipped with provision for amendment to cope with future needs of the people. This study deals with what extent and range of amendment can be permitted in case of the constitutions of USA, India and Ethiopia. The three constitutions are amendable according their amending provisions and that of India is more flexible to amendments when compared with other two constitutions. As per Article V of US constitution, amendment can be made by 2/3 majority of both senate and congress with ratification of ¾ of the state legislatures or amendments can be ratified by the convention of legislatures by ¾ majority whichever is decided by the congress. But Ethiopian constitution, Article 104, provides that when the parliament has an opinion to amend constitution, it must prepare a draft and cause it for public debate and decision and thereafter it can be amended accordingly subject to the ratification by more than one- half of state legislatures and if the amendment relates to fundamental rights or with respect to the amending provision it should be ratified by all state legislatures. But Indian constitution can be amended by the parliament with majority and with 2/3 majority of the members present and voting. A few articles which require ratification of the State legislatures. Interestingly it can be seen that fundamental rights enshrined in the constitution which is kept under the guardianship of the Supreme Court of India, can be easily amended without the ratification by the state legislatures. From 1951 to 1967 different amendments were made to the Indian constitution encroaching fundamental rights and 42 nd amendment assumes unlimited power to parliament to make
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The Constitution of the United States Applies to Indian Tribes

The Constitution of the United States Applies to Indian Tribes

themselves provided that the Indian citizens could not be de- prived of equal protection by either the state or territory in which they resided." 5 The dicta [r]

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EDUCATIONS PROVISIONS IN INDIAN CONSTITUTION

EDUCATIONS PROVISIONS IN INDIAN CONSTITUTION

It has been pointed out that the RTE act is not new. Universal adult franchise in the act was opposed since most of the population was illiterate. Article 45 in the Constitution of India was set up as an act: The State shall endeavour to provide, within a period of ten years from the commencement of this Constitution, for free and compulsory education for all children until they complete the age of fourteen years.

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