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CASE COMMENTARY ON RIDGE V. BALDWIN 1964 AC 40, UKHL 2 (14 March 1963)

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Introduction: This is one of the landmark judgement which is based on development of Administration law and extended the Doctrine of Natural Justice which simply means fair procedure in judicial hearings that emphasis on justice should not only be done but it must also be seen to be done and principles are governed by justice , equity and conscience. This case laid down the modern English law of natural justice. It is considered to be one of the most significant judgements when it comes to the changes in Constitution interpretation. This principle is not manmade but confer upon us by holy almighty and it is supreme that cannot be violated by anyone as each and every individual in the society has   available this rule. This was the UK labour law case which was decided by House of Lords on 14 March, 1963. Bench headed with Lord Reid, Lord Evershed, Lord Morris of Borth-y-Gest, Lord Hodson, and Lord Devlin. Background: Ridge a chief Constable in Brighton police force had served som

INDIA IS A SECULAR STATE!

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What is meant by Secularism ? Secularism means independent of religion. In other words we can also say that anyone can choose to practice or not to practice any religion they want, in this Government cannot force them to do so and have no right to impose one particular religion. If one wants to live as atheist and don’t want to follow any religion, he can also do that. So the main feature of Secular state or Secularism is that it look all religion on equal foot, there is freedom of workshop and accepts freedom of religion that encourage rational thinking with all citizens with equal rights. The term “Secularism” is coined by British reformer ‘George Jacob Holyoake’ and it is invented to describe his view of  promoting a social order separate from religion without actively dismissing or criticizing religious belief and the opposite of this term is ‘Theocracy’ which means Priest of one religion are the ruler or king of that particular country. The western concept of Secularism means sep

DOES PROHIBITION OF SALE OF LIQUOR IN SOME STATES VIOLATE ARTICLE 19(1) (g)?

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Following the easing of restriction, India has entered the third phase of nationwide lockdown. Liquor stores opened in all over the country after some long days of lockdown except the States of Bihar, Gujrat, Mizoram and Nagaland as well as union territory of Lakshadweep. The large crowd rush towards buying the liquor from the shops after the lockdown 3.0   which help the state for the high revenue .Some States imposes duties and taxes on liquor and “Special Corona fee” like Delhi which highlight the importance of liquor as far as Excise duty is the main source for the state and the economy activity.   Some states Government that imposed total prohibition from the sale of liquor in the state is to prevent people from queuing up in front of State-run liquor outlets during the COVID-19 outbreak. But this non availability of liquor leads to suicide and consumption of homemade liquor which is hazardous foe health. It   also violate their fundamental right which is conferred in Part 3 of

CONSTITUTIONAL RIGHT OF SPEEDY TRIAL

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The right to a speedy trial is a  human right  under which it is propounded that a government may not delay the trial of a criminal suspect arbitrarily. Otherwise, the power to delay would allow prosecutors to send anyone to jail for arbitrary length of time without any delay. As Speedy trial is an essence of criminal justice and in United States speedy trial is one of the constitutionally guaranteed right under the sixth Amendment. There are many cases deal with right to speedy trial in the Part III of the constitution of India i.e. Hussainara Khatoon (No. 1) v. Home Secretary, State of Bihar AIR 1979 SC, a petition for a writ of habeas corpus was filed by number of undertrial prisoners who were in jails in the State of Bihar for years awaiting their trial. The Supreme Court held that “right to a spedy trial” a fundamental right is given in the guarantee of life and personal liberty enshrined in Article 21 of the Constitution and Court also held that the right to speedy trial flowi

DE-CRIMINALISATION OF ECONOMIC OFFENCES: OF CHEQUES AND BALANCES

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The economic issue of the COVID-19 lockdown, due to the culmination of almost all commercial activity, is yet to be fully ascertained. With the ‘Unlock 1.0’ have been come out earlier this month many restrictions have been imposed in some places. As where factories and offices following some protocol Restaurants and malls were allowed to open their doors. While the stimulus economic package has been previously announced, with uncertainty of market sentiments that were being low, other measures were needed to be taken to prop-up the economy. The Union has initiated the process of decriminalization of minor offences that are currently punishable with fine and with jail term So with this regard the Ministry of finance had released its Statement of Reason (SOR) sought opinions from stakeholders like state governments, UT Administration, Civil Society/ Non-Government Organisations (NGOs), academicians, public and private sector organizations and the public on proposals to amend 19 acts th

AAROGYA SETU: HELPING APPLICATION OR A TOOL OF SURVEILLANCE

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INTRODUCTION  The Government of India launched a mobile application named Aarogya Setu to fight against the novel Corona virus disease (COVID-19) by connecting essential health services with the people of India. The Brand Ambassador for Aarogya Setu App is Ajay Devgan. This Application mainly aimed at connecting COVID-19 related health services and based on contact tracking which means that it helps identify people who are likely to be carriers of the disease. While there are some methods of contact tracking requires physical interviews with people but mobile technology has made the work easier and safer that makes usage of GPS and Bluetooth features in smart phones and to track the corona virus infection. This app is provided for both Android as well as IOS.   It is designed to accrete the initiatives of the Government of India by informing the people about risk of COVID-19, spreading awareness about the virus and most important to stay healthy by adopting a best practice and medical

COVID-19, PLANETARY HEALTH & CLIMATE CHANGE

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During the last weeks, the fight against COVID-19 has become the highest priority of more than 200 countries and territories affected by the spread of the disease, through which it is considered as one of the main threats to human mankind. The countries with non-equitable health systems will witness tremendous damage in their economies as well as in their progress in achieving Sustainable development goals.  Nature has given us shrewd message with COVID-19 and ongoing climate change, As humankind has placed too much pressure on the natural resources with cataclysmic consequences. Transformative steps are needed to be taken to combat this of Climate changes and Covid 19. This Climate Change during Covid-19 pandemic ,with over 10 million people are effected and around 5 lakh death and still counting,  represents irreversible threat to human societies and the planet exposed the inequalities and carved the living of social , economic and political structures. So there is some connection b