by IJLMH | Dec 5, 2020
Ever since the emergence of International Trade, the global economy has focused on ensuring that trade between nations occurs in a fair and equitable manner. With the adoption of GATT and the eventual establishment of WTO, the same theme has continued. Principles of non-discrimination such as national treatment, most favoured nation and reciprocity are integral to the smooth functioning of international trade. But in the recent few decades we find countries shifting to a different practice in order to achieve their economic goals. The preferential trade era has opened new avenues for nations to achieve short term economic goals. They believe that bodies such as WTO have struggled recently to take into account the economic and developmental needs of all participating nation. According to them, the multilateral process is slow and does not cater to the needs of all. Such limitations of the current international trade regime have led the countries to move towards PTA’s. This has created a spaghetti bowl of trade arrangements which are complex and are a convoluted mess.
Keywords: Non-discrimination, MFN, Preferential Trade.
by IJLMH | Dec 5, 2020
The growing consciousness of participatory democracy has led to an increase in the exercise of their fundamental right to information by the citizen through the Right to Information Act. Participatory Democracy’s existence owes to the notions of transparency of Government acts and accountability of public authorities. While the citizens are proactively seeking information from public authorities, the Government is aggressively retaining information under the broad undefined ambit of ‘secrecy’ or ‘confidentiality’ according to the Official Secrets Act. This is where the conflict of public interest of the citizens and protected interests of the Government enters the battlefield of democracy. Public interest is futile, when the security of the Nation is compromised, and safety of public becomes a concern due to such disclosure.
In light of this, the paper examines the areas of conflict under the RTI Act and Official Secrets Act and makes a Comparative study of the existence of Official Secrets Act and freedom of Information in common law countries. With special reference to the misuse of section 5 of the OSA Act, arguments are made against the existence of Official Secrets Act while analysing the views of the judiciary and Central Information Commission on the conflict.
Keywords: Confidentiality, Official Secrets, participatory democracy, public interest, Right to Information.
by IJLMH | Dec 4, 2020
Oodles of ink has been squirted to resolve the apparent antagonism between law and morality, but the cleavage between the two does not seem to bridge. The two prominent schools of jurisprudence -the positivist school and the naturalist school have their heads locked till date despite the concessions they have made in the modern times. Starting from Bentham and Austin on one hand and Thomas Aquinas and Rousseau on the other the legacy of respective schools descended upon Hart and Kelson on one end and Finnis and Fuller on the other. The fundamental question or problem however remains as it is-does law have essential connection with morality?
This paper would be another attempt towards the conciliation of the much-heated extremes that perplexes every student of jurisprudence even today. With the advent of constitutional democracies how far these theories have managed to hold their respective bastions intact. Has the concept of constitutional morality to any extent reduced the antagonism and theoretical battle between the two? Is there any scope to befriend the two-pronged streams of jurisprudential enquiry?
It is not our claim here that we are making any philosophical innovation rather we would merely focus our attention finding a gentle plane for jurisprudential expansion which we feel has been mired in the debate of law versus morality for long enough. Excess of anything is not good. Naturalists stance has exposed to us how creepy the godliness can get and similarly the positivists invocation of law as it is, has inspired and pampered nasty regimes.
It is high time that some moderation comes in jurisprudential approach and this paper is an effort in that direction.
by IJLMH | Dec 4, 2020
The object of writing this paper is to study and discuss the concept of environmental protection, which is an inseparable part of Indian constitution and the rise of environmental constitutionalism in India. The laws related to environmental protection and the active participation of judicial bodies in evolution of these laws is the centre of discussion or the central theme in the paper. In view of the various constitutional provisions and other statutory provisions contained in various laws relating to environment protection, the Supreme Court has held that the essential feature of “sustainable development” such as the “precautionary principle” and the “polluter pays principle” are part of the environmental law of the country , these principles forms a part of environmental constitutionalism in India. At the end conclusion from the author’s perspective will also be given in the paper.
Research methodology for the purpose of writing this paper is literature review. Books used for the purpose of research are Judicial handbook on Environmental constitutionalism by ‘James R. May’ and ‘Erin Daly’ published by United Nations Environment Programme, 2017 and The Constitution of India by P.M. Bakshi and Environmental Law by S.C. Shastri and articles available on the particular topic on internet were also useful.
by IJLMH | Dec 4, 2020
The Law of Evidence, compiled and consolidated in the Indian Evidence Act 1872, is one of the most efficacious stanchions fortifying the whole corpus juris of procedural law. This epoch-making pre-independent legislation which clarified the rules regarding the admissibility of evidence was essentially the contribution of the British Empire in India. Every case which comes before the court is a crusade for justice in which truth is the paramount quest. The most important role of a judge as a benefactor of justice is to seek and unravel the truth in respect of every case which comes before him. He applies his judicial mind to analyze the facts and sifts and weighs the grains of relevant facts to corroborate the narrative of the case. A dying declaration is a unique species of evidence as being the statement made by a man who is dead. There is, therefore, no occasion during the trial to consider the fidelity and detect falsehood of the dying declaration by the test of cross-examination. Moreover, the significance and the solemnity of the occasion in which a dying man speaks about the causes or circumstances leading to his death makes it extremely crucial for the judge to consider such a statement in evidence to impute criminal liability on the accused. This certainly invites judicial dichotomy as the mind of the judge is tossed between the need to consider the statement on the one side and the doubtfulness of basing conviction upon the dying declaration on the contrary side. The present article seeks to study the conditions under which a dying declaration can be admitted in evidence, the form and procedure of doing so and, also to reflect upon the judicial interpretations given by the courts in a plethora of cases relating to dying declarations which can act as a beckoning light for the trial judge to determine the guilt or innocence of the accused.
Keywords: Dying declaration, Doctrine of Necessity, Evidentiary value of dying declaration.
