by IJLMH | Jul 14, 2020
India, Bharat or Hindustan, a land of diversified culture, languages, religions, & geography, has survived as a democratic and sovereign nation for more than 7 decades with prosperity & unity. Our guiding force, Constitution of India, provide us the philosophy of Unity in Diversity. No other nation in this world has such a great diversity and living with unity. Constitution has played a vital role in successful governance of its own source of power, people of the land, & state. One of the most important pillar on which our governance system depends, stood as the basic structure of the constitution of India, is ‘Federalism’ .
In this article we will analyses ‘whether our constitution is truly federal or it is quasi-federal or it is unitary in nature’ or ‘do we follow Federalism in India or not’. We will also look into, what federalism is? Why it is evolved as the effective form of governance? From where it got evolved, its theories? Does our constitution have any federal features? Then we will see which countries follows federalism and their comparison with India.
by IJLMH | Jul 5, 2020
This paper compiles data of the past changes in the law for security of women in India through constitution, acts, and organizations. The paper provides the provisions formed to ensure that there is equal employment opportunities provided to women in work space and they are not being discriminated on the basis of their gender and the landmark cases that guide us through the impact the laws have made. Though we see that women have been provided with legislative measures which should be sufficient for protection of women we can spot lack of benefits of laying down such laws. This because just as various factors affect the functioning of a society there are various factors that affect implementation of these provisions such as corruption, poverty, lack of knowledge etc.
by IJLMH | Jul 5, 2020
This research paper deals with the circumscribing the competency of the legislature in the law-making process in the United States of America and in Germany and a comparative analysis is drawn in the amendment procedure of the constitution of both the countries. It also states what kind of amendment procedure is involved in these countries and how both the countries based on the same principles of democracy, federalism and the separation of power and yet these countries work differently in the procedure of the amendment of the Constitution. It also deals with the role of the judiciary in the interpretation of the power of the legislature.
by IJLMH | Jul 5, 2020
Intellectual property falls under intangible form of property while a ‘Patent’ is a part of intellectual property. When a patent is granted it provides a statutory right given by the state to the inventor of the invention and to exclude others from using, making, or selling their invention for the duration which is limited by 20 years. The judgment given by the two-judge bench of the Hon’ble Supreme Court of India in the case of Novartis AG V. Union of India is one of the landmark judgments by the Supreme Court of India. Novartis made a patent application which was rejected by IPAB for Beta crystalline form of “Imatinib mesylate” later such challenge was rejected by the Supreme Court on the ground that the said drug did not produce an enhanced or superior therapeutic efficacy as compared to the known substance i.e., “Imatinib mesylate” which meant that the drug here did not involve an inventive step. In this case one of the major reasons for the rejection of the patent application of Novartis was to avoid ever-greening of already patented products by introducing minor changes.
by IJLMH | Jul 5, 2020
This paper highlights the concept of asylum under International Law,types of asylum and the rights provided under various Declaration ,protecting and promoting human rights of the refugees as well the situation of the asylum seekers and refugees .Moreover the paper shows the policy of Asylum in India ,along with analysis of the recent controversial Act that is Citizenship (Amendment )Act 2019 and the impact of the enactment of the Act in Assam.
by IJLMH | Jul 5, 2020
“Our Constitution is a tryst with destiny, preamble with lucent solemnity in the words ‘Justice – social, economic and political’.Our Constitution is a tryst with destiny, preamble with lucent solemnity in the words ‘Justice – social, economic and political’. ” When our country got independence we decided to promise every Indian a life which was filled with dignity, offered equality to all, and promised development in all aspects of life. A happy family is a part of what one can call living life with dignity. It was through a dream for a lot of people. These were the people belonging to the LGBTQ. Especially people belonging to the transgender family. One of the most distinctive features of our constitution is that it says no to any form of discrimination. This helps in establishing a system which gives an equal opportunity to every citizen to grow, to reach the highest point of their potential. Our constitution in its article says that “The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India .” Justice KS Radhakrishnan while giving judgment in the historic case of NALSA vs Union of India case said that “Recognition of transgenders as a third gender is not a social or medical issue but a human rights issue .” Our Supreme Court has continuously tried to bring changes in society. Few of these historic changes were made in two very important cases. The first one was the NALSA vs Union of India and the other one was Navtej Singh Johar. These were just starting steps for a big and necessary change. There are still many new changes that our society needs to adapt to. One such change is the adoption rights of transgenders.
