by IJLMH | Feb 28, 2019
It can be very much seen that ‘these people – depressed class’ exists in all the parts of India. They are not only prevailing in India. They are prevailing in every part of the world but majorly can be seen in India. Depressed class? Why they got a new name like the depressed class? They too are human’s rights? And they too have absolute rights to live in their own country. They too have the rights (both constitutional as well as other rights) like other citizens. But we and the other so-called upper-class status people are neglecting these people to a greater extent. We the citizens of India are also not giving a damn to these issues. Yes, the citizens are not giving due consideration to these issues and blaming the Government to a greater extent. Most of them are not even considering them as humans and also not giving them the respect which they deserve. Can’t we people give proper respect and protection to them? Is the Government is the only body to protect them? We citizens are not responsible for their status in our country even in recent times? Even we are responsible for their status in our country because we are the one who is neglecting them the most. When you ask how in the sense the neglecting is through many ways, we are not even ready to give them the other rights and respect which they deserve. Even when they face any problems we are not ready to give our voice for them and we are thinking that it’s their problem and hence they should strive and not us and also we blame government is responsible for this and not us. Like on all these things either we blame a third party or a Government, but what about us? So we too are neglecting them right?
by IJLMH | Feb 25, 2019
The history of India with respect to economic offences is sufficient enough to show the helplessness of government in tackling situations wherein the offender leaves the country for avoiding his confrontation with the prosecution for the same. Fugitive Economic Offenders Act, 2018 is a newly promulgated Act that aims to assist the government in effective mechanism of confiscation and attachment of property belonging to such fugitive economic offender who is avoiding Indian legal system. The past of economic offences where accused turns out to be an escapee is not archaic and offences for the same includes fraud, counterfeiting, tax-evasion, money-laundering, benami transactions, transactions defrauding creditors and other such offences. The law has attempted to cure the paralysis which prosecuting agencies were inevitably compelled to suffer because of absence of offender, however the Act goes much beyond the principles of natural justice and basics of criminology. The paper attempts to discuss such transgression of the Act against Article 21 of Indian Constitution and its silence on crucial facets that it intended to accommodate and serve but being overlooked.
by IJLMH | Feb 25, 2019
In a legal sense, the term gift refers to a certain and voluntary transfer of property from one person to another. Under Islamic Laws, a gift or hiba is “transfer of property, made immediately, and without any exchange, by one person to another, and accepted by or on behalf of the latter. It is, the transfer of movable or immovable property with immediate effect and without consideration by one person called donor, to another person called donee. Hindu law defines gift as “the creation of another person’s proprietary right after the extinction of one’s own proprietary right in the subject matter of the gift. Gift has been defined in The Transfer of Property Act, 1882 under section 122 as, “ the transfer of certain existing movable or immovable property made voluntarily and without consideration, by one person, called the donor, to another, called the donee.
In this paper, the author has made an attempt to draw a comparative study between the provisions of gift under Islamic Personal laws and the Transfer of Property Act, 1882 – the legal statute that deals with gifts amongst Hindus.
by IJLMH | Feb 25, 2019
This essay seeks to embark on a brief comparative analysis of amendments of constitutions amongst common law legal systems of the world. In the millennial generation, recognition of personal rights and liberties has reached a high and in this nexus, it is imperative to study and understand the rights and liabilities afforded to individuals and the power of polity to amend these rights. This essay aims to reconcile efforts of various constitutions of upholding or disregarding rights that are often argued to be inalienable through the ideals of natural law. The essay will examine the constitution of the United Kingdom, United States, Canada and New Zealand amongst references to other states.
Indian courts have recognized that amendments to the Indian constitution are subject only to the doctrine of ‘basic structure’, this essay aims to examine comparatively ‘to what extent are governments limited in their power to amend the constitution?’. Judicial construction of constitutional amendments has also been extremely controversial in India, exemplified in the cases of Keshavananda Bharti and Minerva Mills. This essay also aims to analyse the extent of judicial intervention in constitutional amendments and differing status of judicial power in amendments.
In India, it has been noticed that the Judiciary plays an extremely vital role in its interpretation of amendments, and has created constitutional law in this sense. However, in the British constitutional mandate, such power is not afforded to the judiciary. This essay will aim to explore the effect of the lack of judicial intervention in constitutional amendments.
Yet another pressing issue of controversy which may arise in the course of this research is the question of ‘what is the role of fundamental rights in the amendment of constitution?’. In India, there has been no judicial authority which has stated that fundamental rights are part of the ‘basic structure’ doctrine, and therefore amendments are not expected to adhere to the fundamental rights of citizens and persons. However in world polity this may differ, and such comparison is crucial to the understanding of the 21st century world.
This essay hopes to understand infirmities and advantages of amending laws in amongst common law constitutions and to reconcile an ideal structure of balance between Legislative and Judicial power in respect of constitutional amendments. It hopes to conclude in anti-Austinian fashion that the lack of judicial understanding of amendments may be largely detrimental to general polity despite questioning the supremacy of the sovereign. The role of fundamental rights has been seen as inessential to the Indian constitution, however this essay aims to compare and understand the relative importance of fundamental rights and its infallibility with respect to amendments.
This essay will rely largely on analytical papers on world constitutions, specific case law analysis and statutory interpretation to understand and reflect upon the proposed research questions. The sources will be largely secondary. The sources of initial research are cited below.
It is sincerely hoped that this essay may provide a fruitful and in-depth understanding to comparative constitutional law, and deal with pressing ideals of liberalism and the constitution in the 21st century.
by IJLMH | Feb 25, 2019
The development in technology results in the growth of the nation. But when this development in technology is used as tool against growth, violence prevails. Social media plays a very significant role in influencing the lives of people. The choices that an individual makes, is deeply influenced by the social media tools. Not just this but the publication of fake news have profoundly impacted the brain of an individual to such an extent that even before circulating any such fake news or misinformation, the validity of the same is not even questioned. The right to choose and the right to informed choice both have been threatened by the growing trend of Fake news. Since every individual has the right to freedom of speech and expression, the regulation of fake news is one of the most difficult task before the state. The creation of fake news and the absence of regulatory mechanism in controlling such menace have led to its tremendous growth in last three decades. This rising trend have manipulated various arena’s including the rights of the individuals, the communication and political structure of the country. The unexpected political scenarios, increasing threat to public peace and the disturbance in the social environment are the result of the growing trend of Fake news. The vagueness in the law is also a reason as to why this menace is difficult to control.
by IJLMH | Feb 25, 2019
When an organisation globalises during Mergers and Acquisitions, it has a bearing upon the efficiency of employees of organisation which are the essential assets of an organisation. The Human Resource Department plays an imperative role at this juncture. This paper analyses the efficiency aspects of human resource management during the mergers and acquisitions. Additionally, it is analysed that how transformation takes place in Human Resource Department by virtue of talent acquisition, talent management, and employee engagement. Further, how Human Resource Department converts itself from being a transactional department to a strategic one amidst the influence of internal and external environment and under the circumstances where employees experience expatriation and estrangement during globalisation This paper follows the doctrinal approach, focusing on the secondary resources which facilitate in examining global issues in three mergers viz. Vodafone and Idea merger, and Walmart-Flipkart Merger from the Human resource perspective.. Further this paper analyses Multinational enterprise issues from Human Resource perspective to bring about the factors responsible for the success and failure in an organisation.
