Category: Government

By making the General Will sovereign and individuals as participants in the General Will, Rousseau reconciled authority with freedom as none before him had done. In order to understand how Rousseau achieved this end, we need to appreciate the nature of the General Will.In the Discourse on Political Economy, where he had first stated the concept of General Will, Rousseau says that “General will tends always to the preservation and welfare of the whole and of every part, and is the source of the laws, constitutes for all the members of the state, in relation to one another and to it, the rule of what is just and unjust.”It aims always at the public good and is different from the will of all, for while the former aims at the…

Legal Provisions of Section 53 of Code of Criminal Procedure, 1973 (Cr.P.C.), India.Examination of accused by medical practitioner at the request of police officer:This provision has been incorporated in the Code to facilitate effective investigation. Sub-Section (2) affords special protection to females who may be medically examined only by a lady medical practitioner. Image Source: i.ytimg.com ADVERTISEMENTS: The request for medical examination of the accused has to be made by a police officer not below the rank of Sub-Inspector when he bona fide believes that such examination of the arrested person will afford evidence as to the commission of the offence. Such examination is a part of investigation as defined in Section 2 (4) subjecting an arrested person to medical examination under Section 53 is a proceeding and, therefore, forms…

Legal Provisions of Section 83 of Code of Criminal Procedure, 1973 (Cr.P.C.), India.Attachment of property of person absconding:Proceedings of attachment of property under this section can be initiated only by the Court who has issued a valid proclamation. Image Source: cdn.shareyouressays.com ADVERTISEMENTS: The Court issuing the proclamation can attach the property at any time after the issue of proclamation. But it may also order the attachment simultaneously with the issue of proclamation if it is satisfied by affidavit or otherwise that the person proclaimed absconder is likely to dispose of whole or part of-his property or is about to remove it from the local jurisdiction of the Court.The High Court of Allahabad has ruled that attachment of property cannot be ordered unless the statutory period of thirty days has elapsed…

Legal Provisions of Section 173 of Code of Criminal Procedure, 1973 (Cr.P.C.), India.Report of police officer on completion of investigation:The Code of Criminal Procedure provides for certain reports which the investigating police officer is required to send from time to time. They are to be sent at three different stages of investigation. They are— Image Source: criminal-defense.usattorneys.com ADVERTISEMENTS: (1) A preliminary report when an officer-in-charge of the police station sends to the Magistrate under Section 157.(2) A report from the subordinate police officer to the officer-in-charge of the police station under Section 168, and(3) A final report of the police officer after the completion of investigation to be sent to the Magistrate under Section 173. This report is commonly called as ‘chargesheet’ or “challan”. ADVERTISEMENTS: The filing of final report…

Legal Provisions of Section 156 of Code of Criminal Procedure, 1973 (Cr.P.C.), India.Police officers’ power to investigate cognizable case:This section authorises an officer-in-charge of a police station to make an investigation in any cognizable offence without the necessity of an order of a Magistrate and it is the duty of the investigating officer to bring out real unvarnished truth before the Court. Image Source: cdn.shareyouressays.com ADVERTISEMENTS: The Supreme Court in S.N. Sharma v. Bipin Kumar, observed that the power of the police to investigate any cognizable offence is uncontrolled by the Magistrate, and it is only in cases where the police decide not to investigate the case, that the Magistrate can intervene and either direct an investigation, or in the alternative, himself proceed or depute a Magistrate subordinate to him…

The Act comes into force on Nov. 19, 1986, the birth anniversary of our late Prime Minister Mrs. Indira Gandhi, who was a pioneer of environmental protection issues in our country.An Act to provide for the protection and improvement of environment and for matters connected there with:WHEREAS the decisions were taken at the United Nations Conference on the Human Environment held at Stockholm in June, 1972, in which India participated, to take appropriate steps for the protection and improvement of human environment; Image Source: royalsundaram.in ADVERTISEMENTS: AND WHEREAS it is considered necessary further to implement the decisions aforesaid in so far as they relate to the protection and improvement of environment and the prevention of hazards to human beings, other living creatures, plants and property;It extends to the whole of…

In our own country, we have many much civilised laws. One of them is called the Prevention of Animal Cruelty Act. It came into force almost fifty years ago, in 1960. But it is one thing to have civilised laws, and quite another to have civilised people. One of the purposes of having laws is to civilise uncivilised people. Unfortunately, when uncivilised people ignore laws and the law-enforcing agencies look the other way, the laws become only so much print on paper.We call ourselves civilised. We go to school. We go to college. We travel in buses and cars. We fly in aeroplanes. We work on computers. We don’t paint our faces and run around naked in jungles with spears in our hands.An interesting thought comes to mind: what if…

Legal Provisions of Section 259 of Indian Penal Code, 1860.Having possession of counterfeit Government stamp: This section makes possession of counterfeit government stamp a crime. This, in other words, makes preparation to commit a crime a punishable offence. The section states that whoever possesses any stamp with the knowledge that it is a counterfeit of any stamp issued by the government for the purpose of revenue, with the intention either to use it, or dispose it of, as a genuine stamp, or in order that it may be used as a genuine stamp, shall be punished with simple or rigorous imprisonment for a term extending up to seven years, and shall also be liable to fine. image source : philatelyclub.com ADVERTISEMENTS: There must be a stamp in possession of the…

Legal Provisions of Section 257 of Indian Penal Code, 1860.Making or selling instrument for counterfeiting Government stamp:Making or selling instrument for counterfeiting government stamp has been made an offence under this section. The section penalises preparation to commit a crime, it says that whoever either makes or performs any part of the process of making, or buys, or sells, or disposes of, any instrument for the purpose of being used for counterfeiting any government stamp issued for revenue, or either knowing or having reason to believe that the intention of the same is to use it for the purpose of counterfeiting any such stamp, shall be punished with simple or rigorous imprisonment for a term extending up to seven years, and shall also be liable to fine. image source: 3.bp.blogspot.com/…

The distribution of legislative powers between the Centre and the States is an essential feature of a federal Constitution. The object is formed to involve a division of authority between the Centre and the States. The Constitution of India has made two fold distributions of legislative powers between the Union and States, viz. Image Source: bento.cdn.pbs.org(1) With respect to territory; ADVERTISEMENTS: (2) With respect to subject-matter. (1) Territorial jurisdiction: Article 245 (1) provides that subject to the provision of this Constitution, Parliament may make laws for the whole or any part of India and the Legislature of a State may make laws for the whole or any part of the State. Article 245 (2) provides that a law made by Parliament shall not be deemed to be invalid on the…