Lost your password? Please enter your email address. You will receive a link and will create a new password via email.
Please briefly explain why you feel this question should be reported.
Please briefly explain why you feel this answer should be reported.
Please briefly explain why you feel this user should be reported.
Bringing out the various functions of money, mention its advantages over other types of assets.
Money is a universally accepted economic unit that serves as a medium of exchange in an economy, allowing for transactions to occur smoothly. Each government typically has its own monetary system. Functions of Money: Medium of Exchange: Money facilitates transactions between buyers and sellers by acRead more
Money is a universally accepted economic unit that serves as a medium of exchange in an economy, allowing for transactions to occur smoothly. Each government typically has its own monetary system.
Functions of Money:
Advantages of Money Over Other Types of Assets:
Money’s presence and regulation by central banks are essential indicators of a country’s economic health.
See lessDo you agree with the view that there is a need to enact a new law for ensuring judicial accountability in India?
Yes, I believe new legislation is required to guarantee judicial accountability in India. The current mechanisms, like impeachment, are inefficient and rarely used, leading to a lack of effective oversight. Instances of judicial misconduct, corruption, and delays in justice have eroded public trustRead more
Yes, I believe new legislation is required to guarantee judicial accountability in India. The current mechanisms, like impeachment, are inefficient and rarely used, leading to a lack of effective oversight. Instances of judicial misconduct, corruption, and delays in justice have eroded public trust in the judiciary. A new law could establish an independent body to oversee judicial conduct, ensure transparency, and address grievances promptly.
Such legislation would provide clear guidelines for ethical behavior and accountability, deterring misconduct and enhancing the judiciary’s credibility. It would balance judicial independence with necessary oversight, ensuring judges are held to high standards of integrity and professionalism. By reinforcing the rule of law and improving public confidence, a new judicial accountability law would strengthen India’s democratic foundations and the overall justice system.
See lessWhat do you understand by judicial activism and overreach? Also discuss the associated concerns.
The term "judicial activism" describes the judiciary's proactive role in defending citizens' rights and taking up matters of public interest. It entails the judiciary going beyond conventional bounds to creatively interpret the law, frequently covering gaps left by the legislature or the executive bRead more
The term “judicial activism” describes the judiciary’s proactive role in defending citizens’ rights and taking up matters of public interest. It entails the judiciary going beyond conventional bounds to creatively interpret the law, frequently covering gaps left by the legislature or the executive branch to advance justice. Historic rulings against corruption, human rights, and environmental protection that uphold accountability, extend rights, and advance social justice are examples of judicial activism. Conversely, judicial overreach happens when the court reaches beyond the boundaries set by the constitution and into the purview of the executive and legislative institutions. This can result in an imbalance in democracy and violates the principle of the separation of powers.
Examples include decisions in which the court decides on topics of policy or interferes in excess in administrative proceedings. Among the issues raised by judicial activism and overreach are:
What is the Doctrine of Severability? Discuss with the help of relevant judicial decisions.
DOCTRINE OF SEVERABILITY The Doctrine of Severability is a fundamental legal principle in the Indian Constitution, ensuring the protection of fundamental rights. It was established with the adoption of the Constitution in 1950, particularly under Part III, and it safeguards citizens' rights tRead more
DOCTRINE OF SEVERABILITY
The Doctrine of Severability is a fundamental legal principle in the Indian Constitution, ensuring the protection of fundamental rights. It was established with the adoption of the Constitution in 1950, particularly under Part III, and it safeguards citizens’ rights to dignified existence and comprehensive development. Article 13 of the Constitution underpins this doctrine, stating that any law inconsistent with fundamental rights, to the extent of that inconsistency, shall be void. This means that if a specific provision of a statute infringes upon fundamental rights but can be separated from the rest, only that particular provision will be void, leaving the rest of the statute valid.
Judicial Decisions on Doctrine of Severability :
In the landmark case of Nordenfelt v. Maxim Nordenfelt Guns and Ammunition Company Ltd (1876), the court severed the contract’s violative portion while leaving the remaining portion intact. In the case of R.M.D.C. v. State of Bombay, the Court explained the doctrine’s principles. It stressed legislative purpose and the separability of valid and invalid elements, saying that if the legislation can operate independently after eliminating the invalid part, it remains valid.
In the case of AK Gopalan v. State of Madras, the Supreme Court determined that Article 14 was violated by Section 14 of the Preventive Detention Act. Only the impugned provision was declared invalid as a result of Section 14’s repeal, leaving the Act’s overall objective unaffected.
In State of Bombay v. FN Balsara, the Court decided that the Bombay Prohibition Act, 1949’s validity was unaffected by its violative provisions. In Kihoto Hollohan v. Zachillu, the court struck down paragraph 7 for breaching Article 368(2) but maintained the constitutionality of the Tenth Schedule.
The Doctrine of Severability allows courts to balance legislative intent and fundamental rights protection, ensuring unconstitutional provisions are struck down without nullifying entire statutes. This doctrine is crucial in maintaining the integrity of the Constitution and safeguarding citizens’ rights.
See less