Israel and Palestine conflict has been an ongoing discussion regarding whether it is right or wrong for the Human Rights abuses and the armed conflict that has been present in the region. This conflict has been going on for many years because of the sole reason that neither side are willing to surrender or make peace through speech. The views of many nations of the world is divided in three segments, some nations support both the sides, some others support Israel and there are some nations that support Palestine. This research paper is going to cover the aspects of the origin of the conflict, the reasoning behind the conflict being present for years and whether or not certain actions taken by the Israeli forces proved fruitful for securing peace in Palestine by the use of force and armed conflict.
{"title":"ISRAEL AND PALESTINE: SECURING THE HUMAN RIGHTS DURING THE USE OF FORCE & AND ARMED CONFLICT","authors":"Anuragh Karat","doi":"10.59126/v2i1a5","DOIUrl":"https://doi.org/10.59126/v2i1a5","url":null,"abstract":"Israel and Palestine conflict has been an ongoing discussion regarding whether it is right or wrong for the Human Rights abuses and the armed conflict that has been present in the region. This conflict has been going on for many years because of the sole reason that neither side are willing to surrender or make peace through speech. The views of many nations of the world is divided in three segments, some nations support both the sides, some others support Israel and there are some nations that support Palestine. This research paper is going to cover the aspects of the origin of the conflict, the reasoning behind the conflict being present for years and whether or not certain actions taken by the Israeli forces proved fruitful for securing peace in Palestine by the use of force and armed conflict.","PeriodicalId":424180,"journal":{"name":"THE JOURNAL OF UNIQUE LAWS AND STUDENTS","volume":"167 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-05-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116499501","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Missiles slicing through the air and slamming into buildings and exploding, clouds of smoke emanating from housing complexes, people taking shelter in sub urban from shelling, crowd struggling to board trains, are the most doom scenes when war ensues; the scenes resemble from Taliban taking control over Afghanistan. Ukraine has become the victim in contestation of two major superpowers. The most destructive source is war, which can undermine a country's economy and destroys hope of survival. War can be defined as a form of mini-genocide in which everything and everyone who comes into contact with it is shattered, it has led to biggest refugee crisis after WWII. The globe is turned upside down as a result of the current crisis between Russia and Ukraine. The crisis, which began under the guise of a "special military operation" announced by Russian President Vladimir Putin, has taken a turn for the worst. It should be underlined that this is a flagrant violation of established international norms and procedures. It is a barbaric murder of the United Nations Charter, which exists expressly to protect member countries' integrity, thereby empowering them. Ironically, the Russian president has said unambiguously that his barefaced acts are justified by many international rules. Deciphering what is contained within these laws, as well as the amount to which they have been abused and violated, becomes critical. Even in the rarest of circumstances, war cannot triumph against natural peace and harmony, no matter how evidently it is justified.
{"title":"INTERNATIONAL HUMAN RIGHTS LAW WITH REGARDS TO WARS: UKRAINE V. RUSSIA","authors":"Rishi Khemnani","doi":"10.59126/v2i1a3","DOIUrl":"https://doi.org/10.59126/v2i1a3","url":null,"abstract":"Missiles slicing through the air and slamming into buildings and exploding, clouds of smoke emanating from housing complexes, people taking shelter in sub urban from shelling, crowd struggling to board trains, are the most doom scenes when war ensues; the scenes resemble from Taliban taking control over Afghanistan. Ukraine has become the victim in contestation of two major superpowers. The most destructive source is war, which can undermine a country's economy and destroys hope of survival. War can be defined as a form of mini-genocide in which everything and everyone who comes into contact with it is shattered, it has led to biggest refugee crisis after WWII. The globe is turned upside down as a result of the current crisis between Russia and Ukraine. The crisis, which began under the guise of a \"special military operation\" announced by Russian President Vladimir Putin, has taken a turn for the worst. It should be underlined that this is a flagrant violation of established international norms and procedures. It is a barbaric murder of the United Nations Charter, which exists expressly to protect member countries' integrity, thereby empowering them. Ironically, the Russian president has said unambiguously that his barefaced acts are justified by many international rules. Deciphering what is contained within these laws, as well as the amount to which they have been abused and violated, becomes critical. Even in the rarest of circumstances, war cannot triumph against natural peace and harmony, no matter how evidently it is justified.","PeriodicalId":424180,"journal":{"name":"THE JOURNAL OF UNIQUE LAWS AND STUDENTS","volume":"87 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-05-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129044053","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Arbitration Law is a form of legal process that falls under the domain of Alternate Dispute Resolution. The process of arbitration is quite different from litigation, in terms of formalities, flexibility and speed of disposal. This research paper covers the Scope of Arbitration Law in India, the Recent Developments, and the pivotal case of Amazon v. Future Retail. With regards to the Scope of Arbitration, this paper covers subjects such as the definition of Arbitration, its characteristics; its advantages and disadvantages, such as quicker process despite high cost of hiring an arbitrator; its types, such as ad-hoc arbitration, domestic arbitration, international arbitration and international commercial arbitration. It also covers the laws that govern arbitration in India, with special reference to the Arbitration and Conciliation Act 1996. In terms of recent developments, this paper covers events such as the 2015 and 2019 amendments to the Arbitration and Conciliation Act 1996, which have played a crucial role in the arbitration sphere in India. This paper also delves into the concept of Emergency Arbitration and the inclusion of Emergency Arbitrator under the scope of Section 17(1) of the Act, 1996 as emphasized by the Supreme Court in the case of Amazon v. Future Retail.
{"title":"A STUDY OF DEVELOPMENTS IN ARBITRATION LAW WITH REFERENCE TO AMAZON V. FUTURE RETAIL CASE","authors":"Arryan Mohanty","doi":"10.59126/v2i1a1","DOIUrl":"https://doi.org/10.59126/v2i1a1","url":null,"abstract":"Arbitration Law is a form of legal process that falls under the domain of Alternate Dispute Resolution. The process of arbitration is quite different from litigation, in terms of formalities, flexibility and speed of disposal. This research paper covers the Scope of Arbitration Law in India, the Recent Developments, and the pivotal case of Amazon v. Future Retail. With regards to the Scope of Arbitration, this paper covers subjects such as the definition of Arbitration, its characteristics; its advantages and disadvantages, such as quicker process despite high cost of hiring an arbitrator; its types, such as ad-hoc arbitration, domestic arbitration, international arbitration and international commercial arbitration. It also covers the laws that govern arbitration in India, with special reference to the Arbitration and Conciliation Act 1996. In terms of recent developments, this paper covers events such as the 2015 and 2019 amendments to the Arbitration and Conciliation Act 1996, which have played a crucial role in the arbitration sphere in India. This paper also delves into the concept of Emergency Arbitration and the inclusion of Emergency Arbitrator under the scope of Section 17(1) of the Act, 1996 as emphasized by the Supreme Court in the case of Amazon v. Future Retail.","PeriodicalId":424180,"journal":{"name":"THE JOURNAL OF UNIQUE LAWS AND STUDENTS","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-05-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132435348","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Through a wide variety of restrictions and regulations, the International Law regulates the relationship between nations and other international players (such as international organisations). From weapons control to international commerce, to environment, it has been used as a framework for governing global governance. The importance of international law in cyber environment has developed as governments pay greater attention to the ‘governance of cyberspace’ (the technological infrastructure that enables the global internet to work) and ‘governance in cyberspace” (how states, industry, and individuals may utilise this technology). However, apart from few exceptions such as the Budapest Convention on Cybercrime1 and the African Union Convention on Cyber Security and Personal Data Protection (yet to be in effect), the international law does not provide specific guidelines for cyberspace regulation. Moreover, it's a cutting-edge technology that's constantly evolving. As a result, for many years, it was unclear whether or not existing international law extended to the domain of Internet. The nation states and international organisations such as the UN's First Committee on Disarmament and International Security, the G20, European Union, the ASEAN, and the Organization of American States (OAS) have all stated that existing international law applies to states' use of information and communication technologies (ICTs). Thus, International Law is no more a question of whether, but rather how it functions. While many other international......
{"title":"CURRENT INTERNATIONAL LAW FOR CYBER CRIMES: A NEED FOR NEXT STEP","authors":"Ekta Dixit","doi":"10.59126/v2i1a8","DOIUrl":"https://doi.org/10.59126/v2i1a8","url":null,"abstract":"Through a wide variety of restrictions and regulations, the International Law regulates the relationship between nations and other international players (such as international organisations). From weapons control to international commerce, to environment, it has been used as a framework for governing global governance. The importance of international law in cyber environment has developed as governments pay greater attention to the ‘governance of cyberspace’ (the technological infrastructure that enables the global internet to work) and ‘governance in cyberspace” (how states, industry, and individuals may utilise this technology). However, apart from few exceptions such as the Budapest Convention on Cybercrime1 and the African Union Convention on Cyber Security and Personal Data Protection (yet to be in effect), the international law does not provide specific guidelines for cyberspace regulation. Moreover, it's a cutting-edge technology that's constantly evolving. As a result, for many years, it was unclear whether or not existing international law extended to the domain of Internet. The nation states and international organisations such as the UN's First Committee on Disarmament and International Security, the G20, European Union, the ASEAN, and the Organization of American States (OAS) have all stated that existing international law applies to states' use of information and communication technologies (ICTs). Thus, International Law is no more a question of whether, but rather how it functions. While many other international......","PeriodicalId":424180,"journal":{"name":"THE JOURNAL OF UNIQUE LAWS AND STUDENTS","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-05-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125003386","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
India isn't resistant to the impacts of environmental change, which influences the whole world. More than one million animals were killed during the bushfires in Australia. Massive amounts of methane are being released due to the melting of permafrost in Siberia, melting of glaciers in the Himalayas, as well as massive deforestation in the Amazon. All these factors are stressing our environment, and we are witnessing the effects worldwide. Also, in India, there are major environmental projects that threaten ecosystems, for example, the Dibang Valley hydropower project and numerous others. Generally, the main objective of an Environmental Impact Assessment notification is to protect the environment and reduce environmental impact, especially when the environment conflicts with development. In addition, it safeguards the health and safety of those connected to the environment. The purpose of this manuscript is to examine the role of Environmental Impact Assessments in the protection of the environment. Aside from studying the differences between the EIA Notification 2006 and the draft 2020 EIA Notification draft, we have also taken a closer look at the most pertinent issues and concerns regarding this 2020 EIA Notification draft.
{"title":"WHAT'S WRONG WITH THE EIA NOTIFICATION 2020, AND WHY IT IS CRITICAL","authors":"P. Naidu","doi":"10.59126/v1i4a3","DOIUrl":"https://doi.org/10.59126/v1i4a3","url":null,"abstract":"India isn't resistant to the impacts of environmental change, which influences the whole world. More than one million animals were killed during the bushfires in Australia. Massive amounts of methane are being released due to the melting of permafrost in Siberia, melting of glaciers in the Himalayas, as well as massive deforestation in the Amazon. All these factors are stressing our environment, and we are witnessing the effects worldwide. Also, in India, there are major environmental projects that threaten ecosystems, for example, the Dibang Valley hydropower project and numerous others. Generally, the main objective of an Environmental Impact Assessment notification is to protect the environment and reduce environmental impact, especially when the environment conflicts with development. In addition, it safeguards the health and safety of those connected to the environment. The purpose of this manuscript is to examine the role of Environmental Impact Assessments in the protection of the environment. Aside from studying the differences between the EIA Notification 2006 and the draft 2020 EIA Notification draft, we have also taken a closer look at the most pertinent issues and concerns regarding this 2020 EIA Notification draft.","PeriodicalId":424180,"journal":{"name":"THE JOURNAL OF UNIQUE LAWS AND STUDENTS","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-02-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127062324","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
India is a secular state which has no official religion of the State. However, all religions are given equal respect and dignity. The people are free to profess, practice and propagate1 their religion and this is protected under the fundamental right of Article 25. It is to be noted that the Supreme Court is the custodian of the Constitution and has the right to interfere in the legislations that violate the Fundamental rights of the Citizens i.e through the process of Judicial review. On other hand, the practices that are inherent and essential part of the religion cannot be interfered with by the Judiciary or any other organ as it is protected by the Constitution. Eversince the case of ‘The Commissioner, Hindu Religious Endowments, Madras vs Sri Lakshmindra Thirtha Swamiyar of Sri Thirur Mutt’, the Apex Court has developed the doctrine of the Essentiality test to determine whether the religious practice is essential part of the religion or not. The primary goal of the research paper is to analyse how the Judiciary employs this test to different cases pertinent to religious practice and describe the criticisms followed on this test. Also, the research also analyses how the role of the Supreme Court varied from the interpreter of the Constitution to the role of theological interpreter. The research is based primarily on the ratio and judgements of the cases. In the end, the overall utility of the essentiality test would be elucidated.
{"title":"THE DOCTRINE OF ESSENTIAL PRACTICES OF RELIGION","authors":"Vivek Serjy","doi":"10.59126/v1i4a8","DOIUrl":"https://doi.org/10.59126/v1i4a8","url":null,"abstract":"India is a secular state which has no official religion of the State. However, all religions are given equal respect and dignity. The people are free to profess, practice and propagate1 their religion and this is protected under the fundamental right of Article 25. It is to be noted that the Supreme Court is the custodian of the Constitution and has the right to interfere in the legislations that violate the Fundamental rights of the Citizens i.e through the process of Judicial review. On other hand, the practices that are inherent and essential part of the religion cannot be interfered with by the Judiciary or any other organ as it is protected by the Constitution. Eversince the case of ‘The Commissioner, Hindu Religious Endowments, Madras vs Sri Lakshmindra Thirtha Swamiyar of Sri Thirur Mutt’, the Apex Court has developed the doctrine of the Essentiality test to determine whether the religious practice is essential part of the religion or not. The primary goal of the research paper is to analyse how the Judiciary employs this test to different cases pertinent to religious practice and describe the criticisms followed on this test. Also, the research also analyses how the role of the Supreme Court varied from the interpreter of the Constitution to the role of theological interpreter. The research is based primarily on the ratio and judgements of the cases. In the end, the overall utility of the essentiality test would be elucidated.","PeriodicalId":424180,"journal":{"name":"THE JOURNAL OF UNIQUE LAWS AND STUDENTS","volume":"41 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-02-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127226606","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The global demolition caused by novel-coronavirus which became the cynosure of every eye in 2019 has managed to survive for two years now. Since then, every aspect of an individual life has been affected by this malignant virus, even the surroundings we live in. This look at intends to recognize the modern and unfavorable impact of covid-19 on our very mom nature and the surroundings we stay in. By reviewing the instructional medical sort of literatures and articles posted over the net and numerous articles with the aid of using scholars, this look at attempts to set up the reality that this international pandemic state of affairs has advanced the air excellent index in numerous towns of the globe, decreased greenhouse gases, water pollution, and due to the fact all of us are quarantined, we're compelled to be at a place, it has not directly assisted withinside the healing of the ecological system. But, the whole thing has its high quality in addition to terrible consequences, so does the pandemic. Due to this pandemic and the character of this deadly virus, we see an upsurge withinside the scientific wastes which can be distinctly infected and contagious, insensitive control of used disposable and disinfectants, masks, gloves, PPE kits utilized by people that have positioned a further burden on its secure disposal control. We all wish that the wrath of covid ends quickly and the whole thing receives again to normal. With the wish to peer the silver lining withinside the sky at some point quickly, this look at additionally attempts to convey a few sustainable feasible methods to acquire the preferred goal. It is predicted that the right and strict implementation of those proposals would possibly grow to be useful for international ecological sustainability and its modern development.
{"title":"ENVIRONMENT IN THE ERA OF COVID-19 : THE PROS AND CONS OF THE DOOMS DAY","authors":"Kislay Raj","doi":"10.59126/v1i4a1","DOIUrl":"https://doi.org/10.59126/v1i4a1","url":null,"abstract":"The global demolition caused by novel-coronavirus which became the cynosure of every eye in 2019 has managed to survive for two years now. Since then, every aspect of an individual life has been affected by this malignant virus, even the surroundings we live in. This look at intends to recognize the modern and unfavorable impact of covid-19 on our very mom nature and the surroundings we stay in. By reviewing the instructional medical sort of literatures and articles posted over the net and numerous articles with the aid of using scholars, this look at attempts to set up the reality that this international pandemic state of affairs has advanced the air excellent index in numerous towns of the globe, decreased greenhouse gases, water pollution, and due to the fact all of us are quarantined, we're compelled to be at a place, it has not directly assisted withinside the healing of the ecological system. But, the whole thing has its high quality in addition to terrible consequences, so does the pandemic. Due to this pandemic and the character of this deadly virus, we see an upsurge withinside the scientific wastes which can be distinctly infected and contagious, insensitive control of used disposable and disinfectants, masks, gloves, PPE kits utilized by people that have positioned a further burden on its secure disposal control. We all wish that the wrath of covid ends quickly and the whole thing receives again to normal. With the wish to peer the silver lining withinside the sky at some point quickly, this look at additionally attempts to convey a few sustainable feasible methods to acquire the preferred goal. It is predicted that the right and strict implementation of those proposals would possibly grow to be useful for international ecological sustainability and its modern development.","PeriodicalId":424180,"journal":{"name":"THE JOURNAL OF UNIQUE LAWS AND STUDENTS","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-02-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115270774","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In a labour-intensive country like India, where more than 90 percent of the 450 million-strong labour force work in the informal sector with low wages, no social security, no bonuses, and some are even deprived of fundamental rights guaranteed by the Indian constitution due to illiteracy and poverty even though such workforce is considered as the backbone of the economy. In India, workers' fundamental rights have traditionally been governed by a plethora of labour laws, many of which overlap and are regulated by a broad range of authorities. The approach has generally been that of compliance while placing little emphasis on the employers' duty to improve labour conditions for a significant portion of the workforce. In this paper, the details of the rights that workers in India enjoy under the "Indian Constitution" as well as the 27 laws passed by the central government that have now been optimized and codified into four labour codes that are universally applicable within the Indian borders are discussed. This study seeks to discover every improvement in labour rights brought by the government or by the Hon'ble Supreme Court, High Courts and tribunals through their judgements over the years. In India, both central legislations and the constitution provides to protect labour rights and eliminate exploitation. Most workers are unaware of the rights that have been developed specifically for them to protect their interests. This paper attempts to compile all of the laws and provisions that a worker should be aware of.
{"title":"RIGHTS OF LABOUR IN INDIA","authors":"Arghyadip Sen","doi":"10.59126/v1i4a9","DOIUrl":"https://doi.org/10.59126/v1i4a9","url":null,"abstract":"In a labour-intensive country like India, where more than 90 percent of the 450 million-strong labour force work in the informal sector with low wages, no social security, no bonuses, and some are even deprived of fundamental rights guaranteed by the Indian constitution due to illiteracy and poverty even though such workforce is considered as the backbone of the economy. In India, workers' fundamental rights have traditionally been governed by a plethora of labour laws, many of which overlap and are regulated by a broad range of authorities. The approach has generally been that of compliance while placing little emphasis on the employers' duty to improve labour conditions for a significant portion of the workforce. In this paper, the details of the rights that workers in India enjoy under the \"Indian Constitution\" as well as the 27 laws passed by the central government that have now been optimized and codified into four labour codes that are universally applicable within the Indian borders are discussed. This study seeks to discover every improvement in labour rights brought by the government or by the Hon'ble Supreme Court, High Courts and tribunals through their judgements over the years. In India, both central legislations and the constitution provides to protect labour rights and eliminate exploitation. Most workers are unaware of the rights that have been developed specifically for them to protect their interests. This paper attempts to compile all of the laws and provisions that a worker should be aware of.","PeriodicalId":424180,"journal":{"name":"THE JOURNAL OF UNIQUE LAWS AND STUDENTS","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-02-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121763145","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The term ombudsman connotes an institution which exists to represent grievances. Accordingly, it refers to an office established by the constitution or by the Legislature and an independent high-level public official, who is responsible to the Legislature or Parliament and responsive to citizens is the head of such office. The concept of Ombudsman first originated in Sweden in 1809. The word “Ombud” in Swedish means representative, agent, or intermediary. The gradual spread of the idea began after a decade when Denmark, Norway and New Zealand adopted the institution. The reason why such a notion was implemented, because the existing machineries such as the courts, administrative agencies and other government bodies proved fruitless to the voice of the public, and to combat this situation a special individual who can particularly look into such matters was required, who primarily solved citizen’s complaints against the bureaucracy.
{"title":"COMPARATIVE ANALYSIS BETWEEN INDIA AND SWEDEN ON THE INSTITUTION OF OMBUDSMAN","authors":"Sneha Ann Santosh","doi":"10.59126/v1i4a7","DOIUrl":"https://doi.org/10.59126/v1i4a7","url":null,"abstract":"The term ombudsman connotes an institution which exists to represent grievances. Accordingly, it refers to an office established by the constitution or by the Legislature and an independent high-level public official, who is responsible to the Legislature or Parliament and responsive to citizens is the head of such office. The concept of Ombudsman first originated in Sweden in 1809. The word “Ombud” in Swedish means representative, agent, or intermediary. The gradual spread of the idea began after a decade when Denmark, Norway and New Zealand adopted the institution. The reason why such a notion was implemented, because the existing machineries such as the courts, administrative agencies and other government bodies proved fruitless to the voice of the public, and to combat this situation a special individual who can particularly look into such matters was required, who primarily solved citizen’s complaints against the bureaucracy.","PeriodicalId":424180,"journal":{"name":"THE JOURNAL OF UNIQUE LAWS AND STUDENTS","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-02-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133465735","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
S. R. Bommai was Chief Minister of Karnataka from August 1988 to April 1989. He led the government of the Janatadal Party, which was dismissed on April 21, 1989, when the Presidential Regulations under Article 356, were enacted in Karnataka.1 It become an uncommon exercise till then to import Article 356 on states run through opposing parties, to the only in power. • In Bommai`s case, his authorities become overthrown on account that he had misplaced majority due to more than one defections (that had been politically influenced and grasp minded). • The CM proposed to the then Governor P Venkatasubbaiah that the meeting consultation be known as to check the energy of the authorities withinside the Parliament residence, however his proposal become disregarded and he become denied the possibility through the Governor. • The Governor additionally did now no longer check out the opportunities of forming an opportunity authorities, however alternatively said to the President that due to the fact Shri Bommai had misplaced the bulk withinside the residence and no different celebration become in a function to shape authorities, movement below Article 356 (1) must be taken. • In April 1989, the President issued a proclamation, which Bommai challenged withinside the Karnataka High Court. However, the High Court disregarded his writ petition on account that the proclamation issued below Article 356 (1) isn't completely immune from judicial scrutiny. The case become then heard through the Supreme Court of India, wherein it took almost five years to attain a selection.......
S. R. Bommai从1988年8月到1989年4月担任卡纳塔克邦首席部长。他领导的人民党政府于1989年4月21日解散，当时根据第356条制定的总统条例在卡纳塔克邦颁布。在那之前，通过反对党将第356条引入各邦成为一种不寻常的做法。•在Bommai的案例中，他的政府被推翻，原因是他由于不止一次的叛逃(受到政治影响和思想狭隘)而失去了多数。•首席部长向当时的总督P Venkatasubbaiah提议，会议协商被称为检查议会官邸内当局的能量，但他的提议被忽视，他被总督否认了这种可能性。•总督现在也不再检查组建机会当局的机会，而是对总统说，由于Shri Bommai将大部分放在住所内，并且没有不同的庆祝活动成为塑造当局的功能，必须采取第356(1)条以下的行动。•1989年4月，总统发布了一项公告，Bommai在卡纳塔克邦高等法院对此提出质疑。然而，高等法院驳回了他的请愿书，因为根据第356(1)条发布的公告并非完全免于司法审查。案件随后通过印度最高法院审理，其中花了近五年的时间才获得选择.......
{"title":"IMPOSITION OF PRESIDENT’S RULE – S. R. BOMMAI VS. UNION OF INDIA","authors":"Shubhangi Chand, Prakalpa S Iyengar","doi":"10.59126/v1i4a2","DOIUrl":"https://doi.org/10.59126/v1i4a2","url":null,"abstract":"S. R. Bommai was Chief Minister of Karnataka from August 1988 to April 1989. He led the government of the Janatadal Party, which was dismissed on April 21, 1989, when the Presidential Regulations under Article 356, were enacted in Karnataka.1 It become an uncommon exercise till then to import Article 356 on states run through opposing parties, to the only in power. • In Bommai`s case, his authorities become overthrown on account that he had misplaced majority due to more than one defections (that had been politically influenced and grasp minded). • The CM proposed to the then Governor P Venkatasubbaiah that the meeting consultation be known as to check the energy of the authorities withinside the Parliament residence, however his proposal become disregarded and he become denied the possibility through the Governor. • The Governor additionally did now no longer check out the opportunities of forming an opportunity authorities, however alternatively said to the President that due to the fact Shri Bommai had misplaced the bulk withinside the residence and no different celebration become in a function to shape authorities, movement below Article 356 (1) must be taken. • In April 1989, the President issued a proclamation, which Bommai challenged withinside the Karnataka High Court. However, the High Court disregarded his writ petition on account that the proclamation issued below Article 356 (1) isn't completely immune from judicial scrutiny. The case become then heard through the Supreme Court of India, wherein it took almost five years to attain a selection.......","PeriodicalId":424180,"journal":{"name":"THE JOURNAL OF UNIQUE LAWS AND STUDENTS","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-02-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133108866","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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