by IJLMH | Jul 2, 2020
According to professor Mcllwain constitutionalism has one essential quality it is a limitation on government, it is the anti-thesis of arbitrary rule its opposite is despotic government. The government of will instead of law. The limitation of the government by law is essence of the constitutionalism. However, The constitution of India is a living document and living law of the land, it is flexible in nature. The constitution of India marked by a transformative vision its recognizing its supremacy over all the law, custom, usage, practice. Transformative constitutionalism understand the law is dynamic in nature it will change accordance with the needs of the society it means overruling the precedent and enacting new law for social, economic and political justice which is the basic principle of the constitution of India .It is the commitment to substantive equality and improving the socio-economic condition in India. Transformative constitutionalism plays a vital role in order to protect the constitutional ideas of Liberty, Equality and Fraternity. This paper critically examine the transformative constitutionalism, contemporary issues ,The research paper also deal with the evaluation of transformative constitutionalism and outline the various challenges in India.
Key word; Transformative, Constitutionalism, anti-thesis, Arbitrary, Despotic
by IJLMH | Jul 2, 2020
Information Utility is a platform that stores the financial information of various firms and companies. One of the foremost objectives of the Insolvency and Bankruptcy Code, 2016(hereinafter referred to as IBC) is resolve in a fixed time period. Information Utility (hereinafter referred to as ‘IU’) is the tool that has made this objective of the Code more viable. Furthermore, it provides authentic and undisputed financial information of the relevant stakeholders of the Code that helps the bank or other lenders in taking rationale decisions of their credit transactions. Notably, the information provided by the Information Utilities act as evidence before the Adjudicating Authority. “IU” is also believed to act as a barrier to bestow established facts about the assets, credit transactions, claimants and contracts in force. The intent of this paper is to examine the purpose and role of the Information utilities and also how it is a game changer in the IRP. As it is serving the Code to accomplish its object of time bound resolution.
Index Terms: Stakeholders, Information utilities, Insolvency Resolution Process etc.
by IJLMH | Jul 2, 2020
Women constitute almost half of the population of the world. Education for women is the best way to improve the health, nutrition and economic status of a household that constitute a micro unit of a nation’s economy. In this context, it can be argued that lack of women education can be an impediment to the country’s economic development. In India, women achieve far less education that of men. As per the Census report 2001, the literacy rate of women is 54.16 per cent and that of men is 65.38 per cent. There has been a sincere effort to improve the education attainment of women by both government and voluntary organizations. The changes in the policies and infrastructural supports on primary, secondary and higher education reflect the initiatives of the Government of India towards women education. This paper examined the trends in women education, the investments on education and infrastructural supports in India. The study revealed that there had been significant progress in the performance of women education revealed from female literacy levels and its change over time. It was also observed that the gaps between rural and urban female literacy rates are narrowing down. It was observed that rural poverty acts as a push factor for women’s education rather than as an obstacle to women’s education. The significant influence of urbanization on women’s education implied that urbanization had been playing a beneficial role in the attainment of women’s education in India. At the same time, the drop-out rate had a negative effect on women’s education. It revealed that that reduction of girl’s drop-out rates is necessary for achieving women’s education. The initiatives of the government through investment and infrastructure in developing education in India were examined. With regard to facilities in schools, it has improved significantly, but a lot more needs to be done. In sum, the study revealed that there have been concerted efforts to encourage girls to attend schools, which would lead to higher literacy in future.
by IJLMH | Jul 2, 2020
In the early days when printing press was the only medium available to the journalist he had enough time to study and edit the news which he would perhaps publish in a newspaper or article for the consumption of the general public. But with the advent of the Internet and the information age the onus lies on quick delivery of news which left the journalist with little or no scope for editing. Today most cyber editors agree that the standards should be the same whether publishing online or in print. As cyber news becomes a bigger component of how people in the developing countries like India get news, the practices of cyber news journalists become all the more important. Cyber journalism raised many challenging ethical concerns, including issues in the areas of privacy, advertising, business relationships, copyright, attributions, linking, posting supplementary materials, manipulation of data and graphic images. In this context, Jay Black wrote, “the bottom line (is that) new media technology and delivery systems make it necessary for individuals journalists to develop more sophisticated ethical decision making skills”. It is now well known that privacy is a human right since it has been recognised by the United Nations Declaration of Human Rights and many national and international treaties. Almost all the countries recognize privacy as a fundamental right of its citizens. Some countries have this right inherent in their constitution like South Africa and Hungary, while others with old constitutions have recognized it through other provisions. Most of the privacy laws in various countries are set on the guidelines prepared by the Organization for Economic Cooperation and Development and the Council of Europe. Threats to privacy of ordinary citizens in the wake of increased use and up-gradation of information technology have made the task more daunting for lawmakers worldwide.
by IJLMH | Jul 2, 2020
Feminist jurisprudence include various theories , ideologies and philosophies by various scholars from various places. Even though the development and evolution of feminist jurisprudence may be different around the world but the aim is to bring gender justice, which is same even in India. Feminism in India is a set of movements aimed at defining, establishing, and defending equal political, economic, and social rights and equal opportunities for Indian women. In one word it can be said as a pursuit of women rights within the Indian society. The modern feminism movements in India can be divided into three main time period early stage of independence ,the stage of nationalism and post-independence. And during each time period drastic changes and revolution has happened in the field of feminist jurisprudence in India, the paper focuses on each of the time period giving critical evaluation. One of the foundation of India’s cultural heritage and diversity is due to the different religious practices so it is evident that even in the matters of jurisprudence religion played a major role in its change as each religion views women in different perspectives. There is also a critical aspect were people criticize that Indian feministic movement has always been in support of the privileged class and not for the deprived classes. It is a matter of fact that the feminist movement in India has always depended on cast, religion, place of birth etc. The paper also focuses on incorporating various issues and problems faced by women in breaking the shackles or stereotypes in the society. Even the framers of our constitution made sure that those women who were deprived of their rights and treated unfairly during the post-independence period gets an equal opportunity and freedom in an independent India. The recent legislature and judgment like scraping of 377 of IPC, Entry of women in shabrimala has won the confidence of many feminist in India who believe that our country is in transitional stage were India is changing from a patriarch ally dominant culture to a gender neutral country
by IJLMH | Jul 2, 2020
The Parliament of India was established by the Constitution of India to act as the supreme legislature of the country so that national laws could be made and Union government could be held accountable for its policies; the most important function of the parliament being legislation or enactment of laws. The legislature is responsible for making laws in the form of primary legislation. Any other legislation which is subordinate or auxiliary to primary legislation is known as delegated or ancillary legislation, which is the exercise of legislative power by an agency subordinate to the legislature. This subordinate body, which may be the executive, cabinet, council of ministers or a specific administrative agency, acquires such a power from an act of parliament itself. Delegated legislation because of its increasing growth, complexity and the dangers it poses to individual liberty and freedom, has occupied a significant place in the administrative law.
The main question, in today’s scenario, is not whether delegated legislation is desirable or not, but what controls and safeguards can be introduced so that the conferment of legislative power on the Administration by the Legislature is not abused or misapplied. Therefore, the paper, firstly, seeks to evaluate the various controls that are laid down over delegated legislation in India. Since, it is the Legislature which delegated legislative power to the Administration, the paper, secondly, explores how it is the legislature’s primary responsibility to supervise and control the actual exercise of this power, ensuring it is not used objectionably by the Administration. Thirdly, the paper highlights the validity of delegated legislation with respect to Judicial Control or Judicial Review and how the courts have to see whether the power delegated is within the ambit of the constitution. Lastly, the paper puts into perspective the various issues with regard to Delegated Legislation and recommends solutions for the same.
Keywords: Delegated Legislation, Legislature, Judicial Review, Parliament.
