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Showing posts from March, 2021

Kush Kalra v. Union of India

  KUSH KALRA v. UNION OF INDIA, 2020 An extra-ordinarily landmark judgement of the Supreme Court pertaining to COVID pandemic circumstances. The apex court in its ruling in the above-mentioned case prohibited pasting of posters outside the residences of COVID-19 patients announcing home isolation or health status. The Supreme Court noted in due course of hearing that the hard reality is many such patients are treated as untouchables. Background: Mr. Kush Kalra, a Delhi based advocate filed a PIL in Supreme Court, seeking its directions to stop pasting posters outside COVID-19 patients. He argued that it violates Art. 14 of the Constitution as those people are then not treated equally in society. Moreover, it violates the Right to Privacy(Art. 21) of an individual. He also sought an end to the revealing of names of COVID-19 patients by the Health Department. He also brought into notice that no such guidelines had been issued by the Central Government to the State Governmen...

Characteristics of Indian Legal System

 Characteristics of Indian Legal System The Constitution of India provides for a single integrated judicial system with Supreme Court at the apex, High Courts at the middle (state level) and the District Courts at the local level. It also provides for an independent and powerful judicial system. The following are the basic characteristics of the Indian Legal System: 1. Single and integrated Judicial System: The constitution establishes a single integrated judicial system for the whole of India.  The Supreme Court is the highest court of the country followed by High Courts and District Courts. The Supreme Court runs and controls the judicial administration of India. All courts of India form links of a single integrated judicial system. 2. Independence of Judiciary The Constitution makes Judiciary truly independent with provisions like: Appointment of Judges by the President. High qualifications for appointment of judges. Independent establishment for Judiciary. Adequate power...

Concept of Justice

  What is Justice? Disclaimer: The following content is the sole opinion of the author. Justice in dictionary terms mean just and fair treatment for anybody and everybody.    It's a virtue bestowed upon by GOD to us (a few of us).  Justice is the very foundation of the legal system. The society seizes to exist without Justice. Justice means to do what is correct in respect of the prevailing circumstances. According to me, Justice is the incarnation of honesty, fairness & rightness combined. Justice means to ensure that the person gets what he/she deserves, not a little less not a little more. The Justice in one case can be injustice in another. What Justice is, depends on the circumstances and varies from situation to situation. Killing someone is punishable but killing in self-defence is not. So, the implication of Justice is different for both cases. Doing Justice does not mean to browbeat, but doing what a reasonable mind would have done with all due pru...