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Analysis of important amendments to the Constitution

This article is written by Bhanvi Juvekar, from Unitedworld School of Law (UWSL, Karnavati University) pursuing B.B.A.LLB(Hons.) course. This article tries to explore and explain some of the most important constitutional amendments that have taken place.

Introduction

The constitution of India was said to be set in stone for a long period of time after its making. But, as the social and economic background of India started evolving, the need for an updated constitution was felt.

The main question to be answered was: Can the constitution of India be amended by the parliament?

This question was answered in the Kesavananda Bharati case. The constitution can be amended as long as the basic structure does not change.

Below is a compilation of major constitutional amendments which have helped in the progress of India and have redefined what India and its people stand for.

Important Amendments to the Constitution

First Amendment

The first amendment to the constitution of India was enacted on 18-6-1951. This amendment stood as a precedent for all other constitutional amendments made further. The first amendment act made changes to many articles and inserted the ninth schedule.

Changes made by the first amendment

It amended the following articles:

15, 19, 85, 87, 174, 176, 341, 342, 372, and 376.

It further inserted articles 31A and 31B along with the ninth schedule.

What was the purpose of the ninth schedule?

The ninth schedule protects the acts that are a part of it from judicial review. This means that the acts cannot be declared as violative of fundamental rights and they cannot be declared void. This made it convenient and hassle less for the government to implement its policies through parliament law-making procedure because the check on parliamentary actions by the judiciary was not active for the acts under the ninth schedule. Thus, they did not have to worry about the judiciary objecting.

Article 19(g) gives the freedom to the citizens of India to practice trade and business of their choice. The amendment provided that nationalization of any trade and business by the state is not violative of the constitutional rights as long as it is in accordance with the following conditions that are in the interest of:

State security

Amicable relations with foreign states

Public order

Contempt of court

Incitement to commit an offence

Defamation

This provision was further amended by the sixteenth amendment. The provisions of the sixteenth amendment modified the changes made by the first amendment to give importance to the sovereignty and integrity of India.

In 1951, the issue of equal treatment for all was advocated for by many. In terms of education, the state of madras wanted to reserve seats for those belonging to backward classes. This was because they faced severe discrimination and to guarantee their right to equal educational opportunities.

The ninth schedule was enacted following the case of State of Madras v. Champakam Dorairajan.

The objective of the ninth schedule was to abolish zamindari laws to distribute land due to the condition of many homeless in India. It was enacted with a vision to lift everyone to an equal level.

Reasons behind the first amendment

The first amendment act was enacted to address a number of issues other than those stated above:

Article 19(1)(a) of the Indian constitution provides freedom of speech and expression the status of a fundamental right. However, it was realized that unregulated display and use of speech and expression could prove to be more harmful than beneficial. If there were no restrictions implemented on the freedom of speech and expression then people would start doing anything and everything without considering the consequences of their actions. This could endanger foreign relations and peace within as well outside the country. It would render sedition, defamation, etc. meaningless. It prevents the state from punishing those who abuse this freedom and power.

Thus, the first amendment gave way to reasonable restrictions to be imposed only. It secured the constitutional validity of these restrictions as well as the abolition of zamindari laws and other related state acts.

In order to provide for the educational and economic upliftment of the scheduled tribes, other backward classes and scheduled caste, a provision was made under article 46. It uses the word ‘shall’ in instructing the states to promote special care for the same.

Thus, any provision (such as reservation in government jobs and educational institutions) made by the legislature of various states or the centre should not be considered unconstitutional or violative of the fundamental rights of others.

Impact of the first amendment

As the laws under the ninth schedule were protected from judicial scrutiny they tend to violate the points made under the Kesavananda Bharati case, 1973. No laws made can be an exception to judicial review however in the cases related to the acts within the ninth schedule, it is void. The ninth schedule is not seen as unconstitutional, as a public good was ranked above individual freedom and privileges.

The amendment to article 31(b) was made in a retrospective manner. This means that it applies even to the laws made before the enactment of the first amendment law. So, even if a law was declared void earlier, if included under the ninth schedule then it is counted to be a valid law.

The ninth schedule can be taken advantage of by the government to further their own ideas and preferences. As the laws escape judicial review, the ninth schedule serves as a safe haven to enact laws that can attract judicial scrutiny.

The government can use the ninth schedule for personal benefits for eg. Former PM Indira Gandhi made amendments to the Representation of Peoples Acts of 1951 and 1974 and placed in the Ninth Schedule along with the Election Laws Amendment Act, 1975 to make her election valid.

Fourth Amendment

The fourth amendment is connected with the first constitutional amendment as both of them deal with the subject of property, land acquisition, and zamindari abolition laws.

Zamindari abolition laws were fairly accepted by the judiciary as they upheld those laws. The question that arose after the enactment of the first amendment was what was the exact meaning of the word ‘estate’ mentioned in Article 31.

Changes made by the fourth amendment

The Fourth Amendment made many changes to:

Article 31 and inserted Article 31A.

Substituted clause (1) of Article 31A and amended Article 31A (2) (b) to add the terms ‘raiyats’ and ‘under raiyats’ to the list of those whose ‘rights’ in an estate were removed from the protection of Articles 14, 19(1) (f) and 31.

It also amended the ninth schedule to add more acts to it.

Article 305 was also amended.

Reasons behind the fourth amendment and their impact

Article 301 provides for the freedom of trade and commerce. The question raised was- Is an act that provides for a state monopoly in violation of article 301. This question was raised in the case of Saghir Ahmed v. the State of U.P. this question was left unanswered then but an amendment to article 305 explains it:

The supreme court judgement basically explains that the law enabling state monopoly will have to be proved to have been implemented in the interest of the public and that it falls under the category of reasonable restrictions under article 301 and 304(b) respectively.

With respect to the land reform, the zamindari abolition laws were accepted however, the scope of article 31A was widened to cover acts under the category of ‘essential welfare legislation’. For acts to be considered under the said category, the following conditions are to be fulfilled:

To define as to how much agricultural land one can own or occupy. This meant that nobody could own more land than the limit if they had the intention and ability to do so. It prevented one person from holding a huge share of agricultural land and allowed fair distribution.

To ensure that excess land (more than the limit prescribed) held by anybody is disposed of and that the rights of the landowners and the tenants in the agricultural holdings are updated accordingly.

To promote proper planning of urban and rural areas for the beneficial utilization of the vacant and wastelands or clearance of slum areas.

In the public interest, to take over a commercial or industrial undertaking or other property, for better management of the same.

Thus, it can be safely interpreted that the fourth amendment was enacted to support the first amendment act to protect it from claims based on unconstitutionality. The introduction of the category of ‘essential legislations’ invalidated many cases based on the violation of fundamental rights. It saved time for the courts by invalidating wasteful and time-consuming suits.

Seventh Amendment

Changes made by the seventh amendment

The reorganization scheme brought changes in the first schedule which mentioned the land area and boundary of all states and union territories.

The seventh amendment to the constitution of India inserted articles 258A, 290A, 298, 350A, 350B, 371, 372A, and 378A.

It also amended part 8 and schedules 1, 2, 4, and 7 of the constitution.

The fourth Schedule which defines the allocation of seats in the Council of States was completely revised. This was because the seat numbers were according to a census carried out in the year 1941. A change in the number of seats in each state was required as there was a significant change in the composition and population of India.

A new article 258A was inserted in the constitution. This article defined the power of the states to entrust functions to the union which is opposite to the provision of Article 258(1) which entrusts union function to a state government.

Article 81 was revised to make a change in the allocation of seats in states and their territories. There are instructions of change to be carried out after each census. This change would also include divisions of each state into territorial constituencies after each census.

It also provided the number of members that could be elected from territorial constituencies was 500 from the states and the maximum number of members elected from the UT’s was to be 20 in Lok Sabha as Parliament may by law provide.

The House of the People should have 500 members (full capacity) who have been elected directly from constituencies of the state. On the other hand, it should have a maximum of 20 members who have been directly elected from Union Territories.

Amended article 153 says that the appointment of one person as Governor is allowed for two or more states.

The articles 170 and 171 have increased the maximum capacity of the Legislative from 1/4th to 1/3rd of the legislative assembly.

There was a complete ban on the practice of retired judges in the supreme courts and in the high courts. However, an amendment was made to article 220. This amendment relaxes the complete ban. It does so by allowing retired judges to practice in high courts. The only condition was that the court they serve after retirement should not be the same as the one they have served before their retirement.

This article is applicable to only permanent judges and not additional judges or acting judges.

Article 230 was amended to enable the Parliament to extend the jurisdiction of a High Court to:

Exclude the jurisdiction of a High Court from any Union territory.

Enable the Parliament to establish a common High Court for two or more States.

While this article gives power to Parliament to extend a high court’s jurisdiction, it also has the power to restrict and abolish the jurisdiction given to a court over a union territory.

However, it does not empower the parliament to exclude a certain area from the jurisdiction of a certain high court. For example, if 1, 2, and 3 are parts of the same state and fall under the jurisdiction of high court A then, the parliament does not have the power to exclude anyone selectively.

Article 240 was amended to provide for the peace, progress, and good governance of:

The Andaman and Nicobar Islands

The Laccadive, Minicoy, and Amindivi Islands.

A new Article 350A was inserted to ensure that the mother tongue is taught to every child belonging to linguistic minority groups at the primary level. The president is empowered to issue directions to any state to ensure that the necessary facilities have been provided.

This article is very beneficial as a child learns to communicate effectively in his mother-tongue. It empowers every child with literacy and ensures that reading and writing in one’s own language is possible at the least.

The power of the state was limited within the article 350A in the case of State Of Karnataka & Anr vs Asstd.Mang.Of Gov.Rec.Prim.& … 1947 as follows:

It was decided that the State is not empowered under this article to compel linguistic minority groups to choose their mother tongue as the only medium to communicate in primary schools.

Article 350B provides for appointments by the President of Special Officers. The duty of this officer is to investigate all matters relating to safeguards provided for linguistic minorities under the Constitution and to report to the President upon those matters. According to this article, these reports are to be presented before each House of Parliament and they have to be sent to the governments of the concerned states.

Reasons behind the seventh amendment and their impact

The implementation of article 258A was necessary according to the 13th edition of V.N. Shukla’s Constitution of India because there was to be found a lacuna. This lacuna was detected when there was a practical difficulty in relation to the execution of certain developmental projects of a state. This lacuna was filled (resolved) by the insertion of article 258A.

Major changes made by the seventh amendment are to restructure the composition of legislative assemblies and councils. This was to be done with the same formula as before i.e. for the first five million- one seat per million and one additional seat for every 2 million increase. Thus, the number of seats is revised according to the latest census results but the formula used remains the same.

The strength is raised to one-third instead of one-fourth because it created issues in states with a comparatively lower population. The 1/4th rule worked for states such as Uttar Pradesh which has a huge population, but not for states with a lower population.

It was needed to make amendments to implement the scheme of states reorganization and also to make some changes in provisions of the Constitution related to:

High Courts

High Courts Judges

The executive power of the Union and the States

Legislative lists.

Thirty-eighth Amendment

Changes made by the thirty-eighth amendment and the reasons behind them

When both the houses of the parliament are not in session then under article 123, the President is empowered to promulgate ordinances. However, this can be only done when the President is convinced that it is absolutely necessary to do so under the given circumstances. Accordingly, powers have been conferred by the Constitution:

On the Governor under the same article as above and

On the administrator under article 239B

The language of articles 123, 213, and 239B is very clear. Satisfaction is an abstract term, therefore, it cannot be measured. It is subjective in nature.

The 38th amendment was made to this article to address this problem precisely.

The amendment stated that since satisfaction is a subjective term, the satisfaction of the president should be enough to pass an ordinance. An ordinance is passed in emergency situations, when both the houses of the parliament are not in session. In such situations, there is no time to consult and ponder upon the situation. Swift action is to be taken for which the satisfaction of the president should be the only measure needed.

The following points are to be fulfilled to pass an ordinance:

The ordinance must be passed when both the houses of parliament are not in session. An ordinance may be issued in the case when only one house is sitting and not the other.

The president must be satisfied that the situation makes it necessary for him to pass an ordinance.

Every ordinance should be presented to both the houses. The ordinance expires after six months of reassembly of the houses of parliament.

An ordinance made by the president shall be subject to the same limitations as a law made by Parliament.

The following was decided after the case called A.K. Roy, Etc vs Union Of India And Anr 1981 and in the case of T. Venkata Reddy Etc. Etc vs State Of Andhra Pradesh 1985:

The satisfaction of the president is not excluded from judicial review; however, the president’s satisfaction cannot be viewed purely as a political action or cannot just be doubted due to a political question.

The ordinance cannot be challenged on the grounds of motives or non-application of mind.

The power to issue an ordinance is not an executive power but is the power of the executive to legislate.

An ordinance can be questioned if the President’s intentions are under being questioned. It can be challenged when the President did not act bona fide.

Article 352 states that the President has the power to declare emergency if he satisfactorily believes that the security of India or any part of India is being threatened by war, external aggression or internal disturbance. This emergency could be on the grounds of rebellion, imminent threat, armed rebellion, external aggression, etc. It also allows the president to declare financial emergencies when the financial stability of India is uncertain. It also empowers the president to assume control of a state when the constitutional institutions (eg. the government falls) in that state fails.

The problem faced was that the president could not declare more than one proclamation at a time. So, if the president has passed one proclamation, he cannot pass another even if the reasons behind both proclamations are different.

To resolve this issue, the 38th amendment inserted in this article a provision that allows the president to pass different proclamations based on different grounds even if a previous proclamation is operational. As long as the proclamations are based on different grounds, they tend to serve different purposes.

The President has the power to make an order to suspend the right to move to courts for the enforcement of rights conferred under Part III of the Constitution of India. However, this can be done when a proclamation of Emergency is in operation. The president is empowered to do the aforesaid, under article 359.

A similar provision is made under article 358. This provision directly suspends the provisions of article 19 during the time of emergency. This means that no citizen can move the courts for enforcement of rights under article 19 as long as the situation of emergency exists. It also empowers the state to make decisions and laws which they would not have been able to under normal circumstances as they would have been in violation of the rights conferred under Article 19.

Therefore, the amendment to article 359 was meant to serve the same purpose as above.

Forty-second Amendment

Changes made by the 42nd amendment

It inserted articles 31D, 32A, 39A, 43A, 48A, 131A, 139A, 144A, 226A, 228A, and 257A and parts 4A and 14A. It also amended Schedule 7.

The Preamble of the constitution was amended as follows:

The words “SOVEREIGN DEMOCRATIC REPUBLIC”, were replaced with the words “SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC” and the words “unity of the Nation” were substituted with “unity and integrity of the Nation”

Article 31-C states that a law that aids the state in fulfilling their duties laid down in part 4 of the constitution of India should not be held void on the grounds that it violates the fundamental rights conferred by Article 14, 19 or 31.

This provision was questioned in the case of Minerva Mills Ltd. & Ors vs Union Of India & Ors 1980. The question was over the importance of fundamental rights. Can directive principles of state policy have primacy over fundamental rights guaranteed by the constitution?

New directives were added by new articles

39A- Equal justice and free legal aid to economically backward classes.

43A – It states that the workers should participate in the managerial operations of the industries.

48A- This directive is to address the safeguarding of forest and wildlife. It also directs to improve and protect the environment.

New article 31D provides for the making of a Parliamentary law to prevent or prohibit anti-national activity and anti-national associations. Article 31D also provides further that it will not be deemed to be void on the ground that it takes away or abridges any of the fundamental rights conferred by article 14, article 19, and article 31. This article amendment was to serve the purpose of safety for the nation.

New article 32A was added to say that the constitutional validity of state laws cannot be questioned with respect to proceedings under this article unless the constitutional validity of a central law is also in question with respect to such proceedings.

New Part IVA containing article 51A was added. It provides lists of fundamental duties of citizens.

Article 74(1) was amended to make the President act after taking advice from the council of ministers. The article uses the word “shall” making it a mandatory requirement. Thus, this amendment ensures that the parliamentary form of governance is followed and that no one acts according to their own will.

Article 77 and article 166 relating to the Union government and State government have been amended to state that no court or other authority will be entitled to require the production of any rules framed for the transaction of Government business. This provision was repealed by the 44th constitutional amendment.

It amended the articles 83 and 172 to increase the duration of the LokSabha and every Legislative Assembly from five to six years during a situation of emergency. However, a parliament which has been extended cannot be allowed to continue beyond a period of six months after the proclamation of emergency has ceased to exist.

The supremacy of the Parliament was established by this 42nd constitutional amendment with regard to the amendment of the Constitution. Article 368 has been amended to provide that no constitutional amendment will be called in question in any court on any ground. This provision has been regarded unconstitutional in the case of Minerva Mills Ltd. & Ors vs Union Of India & Ors 1980.

It transferred subjects like:

Forests,

Education,

Weights and measures

Except for establishments of standards, protection of wild animals and birds from the State List to the Concurrent List. New entry 20A was added in the Concurrent List of “Population control and family planning”.

Article 356 was amended to enlarge the period of operation of the proclamation of failure of constitutional machinery in a State, which has been approved by Parliament and the period for which the approved Proclamation can be renewed at a time was increased from 6 months to one year.

Reasons behind the 42nd amendment and their impact

The parliament then believed that the constitution should change with changing times. In a quest to bring about a social and economic revolution, the 42nd amendment to the constitution of India was made. This bill was aimed at providing the government with better freedom to fulfil their duties of eradicating poverty and promoting growth.

The preamble to the constitution of India was amended to include the ideas of sovereign, secular, socialist, and democratic. These are ideal words and the principles that India as a country would achieve in the future.

To bring about a social and economical revolution by uplifting the poor and better achieving the goals set as directive principles of state policy, amendments were made so that the government can achieve these goals easily.

This was to be done by amending the constitution in a manner such that the directive principles of state policy are given importance over the fundamental rights guaranteed by the constitution. It was to be achieved by empowering the parliament to make laws for better implementing and completing the directive principles of state policy and immunizing these laws against claims of unconstitutionality based on article 14, 19, etc.

To deal with anti-national activities by individuals or institutions special provisions to be made for ensuring national security.

As Parliament and the State Legislatures are appointed by the people, they should be able to act for the people. This was to be done by establishing parliamentary supremacy. This was to be done by prohibiting judicial review on the basis of violation of fundamental rights for laws that the parliament passed in relation to the directive principles. This ensured unhindered development of the nation for the people.

To strengthen the assumption of the constitutionality of the laws passed, amendments were made so that a minimum number of judges would preside over a case on constitutionality and that 2/3rd majority in favour of the constitutionality of the law in question was enough.

The jurisdiction of high courts should be taken away in cases regarding the constitutionality of central law.

This would:

Prevent multiple rulings on the same question of constitutionality under different laws.

It would prevent the declaration of the same central law as constitutional in one state and unconstitutional in the other.

Only the supreme court would decide on matters related to the constitutionality of central laws.

Forty-fourth Amendment

Changes made by the 44th amendment

It inserted articles 134A and 361A of the constitution.

It removed articles 31, 257A and 329A of the constitution.

It also amended part 12 and schedule 9 of the constitution.

The right to property was declared a legal right and it was no longer considered a fundamental right. Article 19(1)(f), which guarantees the citizens the right to acquire, hold and dispose of property and article 31 related to compulsory acquisition of property have been deleted from the constitution. It is important to note here that the declaration of the right to property as a legal right did not abolish the right of minorities to establish and run educational institutions of their choice.

A new directive principle has been inserted in article 38, which provides that the State shall do everything possible in its power to ensure the welfare of people by protecting:

Social order

Minorities from injustice by reducing individual as well as group inequalities.

justice, social, economical, and political is ensured and informs all institutions of national life.

The amended version of Article 74(1) empowered the President to ask the council of ministers to reconsider their advice if required. The president has to act after the reconsidered advice is received by him. He also has to act on the reconsidered advice. Earlier, the reconsideration of advice was not part of the article.

Article 83 and 172 were amended in contradiction to the amendment made by the 42nd amendment act. The provision for extension of term for the houses of parliament was changed to the original term i.e. 5 years.

Article 103 and 192 are related to decisions to be made based on the questions raised for the disqualification of members of Parliament and of State Legislatures have been replaced to provide that such a decision, by the President in the case of a member of a State Legislature, will be in accordance with the opinion of the Election Commission of India.

Power of the high courts to issue writs other than in the matters related to fundamental rights was restored by amending article 226.

Superintendence of the high courts over all other courts and tribunals was restored by the amended version of article 227.

Article 257A nullified the power of the Central government to send armed forces or its other forces to deal with a grave situation.

Article 352 was amended and the following changes were made:

The ground of “internal disturbance” was substituted by the ground of “armed rebellion”. This was because the term internal disturbance would also include disturbances that do not culminate into violence or armed disputes. Therefore, an emergency can be proclaimed only when there is armed rebellion or a situation where war or external aggression is a possibility or reality as these situations would constitute violence.

A provision was inserted stating that the President of India is not empowered to issue a proclamation of emergency until and unless the cabinet has not agreed to pass it and confirm it by writing.

Amendments were made so that proclamation of emergency is passed like any other decision and this power is not abused for selfish gains.

The approval of both Houses is necessary for the continuance of the proclamation. This approval has to be given every six months.

Proclamation of Emergency will be revoked whenever the House of the People passes a resolution by a simple majority disapproving its continuance.

To consider passing a resolution to disapprove the proclamation, ten per cent or more members of Lok Sabha are enabled to request a special meeting.

Article 358 was amended to state that the rights conferred under Article 19 will only be suspended in case of a proclamation of emergency on the grounds of war or external aggression. However the same cannot be done if an emergency is proclaimed on the grounds of armed rebellion.

Article 359 was amended as follows:

Article 20 and 21 provide for protection in case of conviction plus protection of life and liberty. Thus, the enforcement of rights under these articles cannot be suspended.

Article 360 clause (5) was omitted which stated that the satisfaction of the president was enough for a proclamation of financial emergency.

The right to life and liberty cannot be suspended even at the time of an emergency. Thus, these rights have supremacy over other fundamental rights. Thus provisions were made by the 44th amendment to protect these rights by ensuring that the right to move to courts for enforcement of fundamental rights is not suspended for the rights conferred under articles 21 and 22. The right to liberty was further strengthened by the provision that nobody can be detained for more than 2 months under the provision of this law until an advisory board verifies that the arrest is necessary and has been carried out due to necessary circumstances. This ensures that nobody is detained without reason.

Article 22 has provisions for preventive detention. An additional safeguard was provided by the requirement that the Chairman of an Advisory Board shall be a serving Judge of the appropriate High Court and that the Board shall be constituted in accordance with the recommendations of the Chief Justice of that High Court.

Articles 132,133 and 134 were amended to ensure a speedy justice system by making the appeal process quick. Article 134 was inserted to state that the High Court can take under consideration an oral application by a party to appeal to the Supreme Court, as soon as the judgement, decree, final order or sentence concerned is delivered. The High Court may do so on its own motion.

Reasons behind the 44th amendment

42nd amendment that ensured parliamentary supremacy could be taken advantage of. The fundamental rights could be taken away easily under the provisions of emergency. This caused grave injustice to the people of India and went against the spirit of the constitution and the fundamental rights in it. Thus, to ensure that these events are not repeated in future, a 44th amendment was made. This amendment had to redefine the kind of governance in India and ensure that essential pillars of a democracy such as fundamental rights and judicial review are given utmost importance.

The right to property could not be considered a fundamental right any longer. This amendment was to ensure that no person’s saved property is taken away in accordance with the law.

A proclamation of emergency under article 352- which was a decision entirely made by the government had the ability to convert democracy into a unitary state which deprived its citizens even of the basic fundamental rights. This provision had been used for purely personal and political reasons by the government once. It proved to be a potential threat and had the ability to destabilize the democratic structure of the country. To ensure that such abuse of power is never exercised again, the 44th amendment was needed to implement provisions that safeguarded the nation against the same.

101st Amendment

Changes made by the 101st amendment

Article 256A

Article 256A is a new article inserted by the 101st amendment to the constitution. It states that:

‘(1) Notwithstanding anything contained in articles 246 and 254, Parliament, and subject to clause (2), the Legislature of every State, have the power to make laws with respect to goods and services tax imposed by the Union or by such State. (2) Parliament has exclusive power to make laws with respect to goods and services tax where the supply of goods, or of services, or both takes place in the course of inter-State trade or commerce.’

Important Points from Article 246A

The centre, as well as all the states, have concurrent powers to make laws related to goods and services.

The centre, as well as the states, have jurisdiction over intrastate (within states) trades.

But inter-state (between different states) trades fall under the jurisdiction of the centre ONLY.

Article 269A

269A states that:

‘(1) Goods and services tax on supplies in the course of inter-State trade or commerce shall be levied and collected by the Government of India and such tax shall be apportioned between the Union and the States in the manner as may be provided by Parliament by law on the recommendations of the Goods and Services Tax Council.’

Following are the conditions to be fulfilled for the above provision:

With respect of the above clause, supply of goods or services or both when imported into India shall be known as the supply of goods or services or both for inter-state trade or commerce.

The amount assigned to a state shall not be a part of the consolidated fund of India under clause (1).

In cases where an amount of tax is levied under clause (1) and collected for the fulfilment of tax required levied by the state then it will not form part of the consolidated fund of India.

In a case where an amount of tax is collected, that has been levied by a state as per article 246A and has been used for the fulfilment of clause (1) then this tax collected won’t be a part of the Consolidated Fund of the State.

The Parliament is enabled to decide the place of supply of goods, services or both take place in the form of inter-state trade/commerce through the formation of law.

Article 269A Explained

The sharing of the taxes is based on the recommendation of the GST council. The sharing between the centre and state takes place when intra-state trade takes place.

The proceeds such collected will not be credited to the consolidated fund of India or state but respective shares shall be assigned to the state in question and centre. The reason for the same is that under GST, where the centre collects the tax, it assigns the state’s share to the state. But in case the state collects the tax, the centre’s share is assigned to the centre. If those proceeds are deposited in Consolidated Fund of India or state, then, every time there will be a need to pass an appropriation tax. Thus, under GST the apportionment of the tax revenue will take place outside the Consolidated Funds.

Article 279-A

This article states that a GST council should be formed. This should be done under 60 days after the enforcement of this act as it serves a vital role in the implementation of this bill.

The GST council will constitute the following members:

Union Finance Minister as chairman of the council,

Union Minister of State in charge of Revenue or Finance,

One nominated member from each state who is in charge of finance or taxation.

The GST council is also empowered to take decisions on many matters mentioned in this article.

Reasons behind the 101st amendment act

The 101st amendment was made to develop a system of tax which is uniform throughout the country. It gives concurrent taxing powers to the centre as well as the states. It also includes union territories. This power is to make laws with respect to the tax laid on goods and services with the legislature present.

This goods and service tax would be levied on all transactions involving the supply of goods and services within the country.

Conclusion

On careful reading of the above explanation of the amendments, we see how they have defined the relationship between the nation and its people.

The amendments made were not flawless. Some changes made backfired and threatened to destabilize the most important principles of democracy and violated basic fundamental rights.

However, the parliament corrected its mistakes by amending and omitting whenever needed to safeguard the values of our constitution and achieve the ideas talked about in our preamble.

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educarestuff · 2 years

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Public speaking is important and can be helpful in all professions. But for competent lawyers, it must-have professional skill. Lawyers need good public speaking skills not just in the court but also when they are giving media interviews when they are giving interviews on behalf of clients. Lawyers also speak in front of city bodies, legislatures and civic groups. Those working for big law firms have to address business executives or company employees from time to time. If you are planning to pursue BBA LL.B Hons, it’s a good idea to invest some time to hone your public speaking skills. As one of the leading BBA LLB colleges in Ahmedabad, we share with you some books for you to improve your public speaking skills

#BBA LL.B Hons

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poseidondrivesmaserati · 9 years

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#ashlyn harris #washington #spirits #uwsl #toocute

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loyallogic · 4 years

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Correction and Interpretation of the arbitral award

This article is written by Bhanvi Juvekar, from Unitedworld School of Law (UWSL, Karnavati University) pursuing B.B.A.L.L.B.(Hons.) course. This article explains what an arbitral award is. Further, it explains Section 33 of the Arbitration and Conciliation Act, 1996, which plays an important part in the post-arbitration proceedings (after granting of an award).

Introduction

Arbitration is an alternate dispute resolution. It is especially relevant and feasible in case of commercial matters. The current statute that governs the arbitration regime in India is the Arbitration and Conciliation Act, 1996, which was amended in the year 2015.

Arbitration is a favourable option for parties who are looking to settle the matter mutually. It is a framework apart from the ordinary judicial framework of courts. Arbitration is a way to make dispute resolution non-aggressive and amicable. The parties can make a mutual choice of the place of arbitration and the arbitrators.

Arbitration can be court-ordered if the judge believes that the matter can be resolved without the court’s intervention. But, in many cases, arbitration occurs because at the time of signing of contracts there was an arbitration clause inserted by mutual agreement.

Benefits of opting for arbitration

Many parties choose arbitration because of its many benefits:

It is a quicker process in comparison to litigation as there is a time-cap for the completion of the arbitration process.

It is a cheap process because of the reduction in the cost of litigation. There is a reduction in cost as a matter in the court of law can drag on for years which cost both time and money.

The parties have the liberty to choose the place and arbitrators according to their convenience.

The arbitral award (the final decision of the arbitrator(s)) is final and cannot be appealed. This ensures the finality of the award.

This article deals with the situation of the above-mentioned award being wrong. There is a special provision in the Arbitration and Conciliation Act for the correction and interpretation of the arbitral award as discussed below.

Before we get into that, we will understand the meaning of an arbitral award.

Arbitral award

The arbitrator(s) decide on a matter and deliver their decision. This decision is known as an arbitral award. An arbitral award is analogous to a court decision and is equally enforceable. However, it is important to note that arbitral awards are final and are not appealable. There is only one option that a party has which is to set aside the award and it can be done under Section 34 of the given Act.

For an arbitral award to be valid, there are certain essential elements that have to be fulfilled.

An arbitral award can be of a non-monetary nature where the claimant’s entire claim fails and no money needs to be paid by either party.

An arbitration award can be made:

For payment of a sum of money;

For a declaration upon any matter to be determined in the arbitration proceedings;

injunctive relief;

Specific performance of a contract and for rectification; or for

Setting aside or cancellation of a deed or other document etc.

Essentials of an arbitral award

For an arbitral award to be valid it must contain the following essential elements:

The award shall be in writing.

The award shall be signed by all the members of the arbitral tribunal.

The award shall state the reasoning on which it is based.

Date and place of arbitration should be mentioned on the award.

A signed copy of the award should be sent to both the parties. It should be signed by the arbitrator or the majority of the arbitrators of the tribunal.

There are cases where an interim award is necessary and can be provided. Section 33 plays an important role to ensure that the parties do not suffer due to the mistakes of the arbitration tribunal. This section is divided into two parts-

The first part from sub-section 1 to 3, provides from the correction and interpretation of an arbitral award.

The second part from sub-section 4 to 7, provides for the granting of an additional award.

Correction and Interpretation of arbitral award

Correction and interpretation of an arbitral award is a post-award process. The arbitration law is based on the UNCITRAL model law (The United Nations Commission on International Trade Law).

Section 33 of the Arbitration and Conciliation Act, 1996 is the statutory provision that allows for correction and interpretation of an award.

The important reason here is that human errors can occur. This means that there are situations when there are errors in an arbitral award. These errors could be simply typing errors or something major such as a decision missing from the proceedings in the final award. These kinds of errors put one party at a disadvantage. These errors are unacceptable as the award, once granted, is not up for appeal.

After paying for arbitral proceedings and investing time in it both the parties would expect a well-drafted and considered arbitral award to be granted. A mistake in the award is disappointing; it creates problems during the enforcement of the award.

The above-mentioned points indicate the importance of Section 33. Many other countries have a similar provision to aid parties and to rectify any mistakes that might have occurred. For example, English Arbitration Act 1996, Section 57, provides that a tribunal may, on its own initiative or on the application of a party, correct an award to “remove any clerical mistake or error arising from an accidental slip or omission or clarify or remove any ambiguity in the award”.

However, it is pertinent to note that the request for correction or interpretation of an award does not reopen the proceedings. The evidence and arguments have already been verified, interpreted and understood. No proceedings are repeated. Only the examination of the arbitral award takes place. No rehearing will take place.

Section 33(1) of the Arbitration and Conciliation Act

This sub-section states that:

(1) Within thirty days from the receipt of the arbitral award, unless another time period has been agreed upon by the parties:

(a) a party, with notice to the other party, may request the arbitral tribunal to correct any computation errors, any clerical or typographical errors or any other errors of a similar nature occurring in the award;

(b) if so agreed by the parties, a party, with notice to the other party, may request the arbitral tribunal to give an interpretation of a specific point or part of the award.

A limitation period of 30 days is put on the application submitted. After the completion of 30 days, no party can request correction or interpretation.

It is also important to notice that one party who wants to move under Section 33 does not need the consent of the other party. It is only important that the other party is notified if any such proceeding is being applied for by the other party.

Clause (a): This clause includes any basic human error that might occur during the drafting of the award. Drafting errors can be corrected easily. This is an important provision because if such errors are ignored then they can lead to a change in the meaning of the ruling and can stir trouble during enforcement.

The language of the statutes uses the word ‘computational errors’. On the face of it, it can mean that errors related to calculation and arithmetic are being considered. However, the language is such that its meaning can be extended to include the methods that are used to carry out calculations.

This way, the scope of the statute can be expanded because calculation would be restricted to include only numbers but computation can comprise of the methods and steps/procedure used to arrive at those numbers.

Clause (b): This clause mentions interpretation of an arbitral award. The only problem that is faced by parties is that there are very few situations when both parties have an issue with the meaning conveyed by the arbitral award. It creates problems if one party agrees and the other party does not.

In cases where both the parties agree, it can be used for an interpretation conveying the clear meaning of the arbitral award for better enforcement of the same.

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Section 33(2) of the Arbitration and Conciliation Act

This sub-section puts a time cap on the passing of the interpretation by the arbitral tribunal if the request under section 33(1) is accepted. The arbitration tribunal has to provide the interpretation within 30 days of receiving the receipt of the request. The interpretation becomes part of the arbitral award. An additional award is not passed in this case.

Section 33(3) of the Arbitration and Conciliation Act

This sub-section clarifies that correction and interpretation can take place if:

It is requested by the parties; or

The arbitral tribunal themselves correct the mistakes related to the categories mentioned under sub-clause 1 of Section 33.

Additional award

Section 33(4) of the Arbitration and Conciliation Act

This sub-section states that:

Unless otherwise agreed by the parties, a party with notice to the other party may request, within thirty days from the receipt of the arbitral award, the arbitral tribunal to make an additional arbitral award as to claims presented in the arbitral proceedings but omitted from the arbitral award.

In situations where a part of the proceedings has been left out, an additional award is given by the arbitration tribunal to make up for that loss. The additional award is supposed to have corrected the mistake by including the missed out part of the award.

The main difference to be noted in a correction/interpretation given and an additional award given is that:

The correction and interpretation made, merges with the original award. This is because there are only calculative or clerical changes to be made.

An additional award by its name itself implies that another award is granted. This award does not merge with the original award.

The ambit and scope of sub-section (4) of Section 33 of the Arbitration and Conciliation Act, 1996 was considered by the Supreme Court in Mcdermott International Inc. v. Burn Standard Co. Ltd., (2006), and it was held as follows:

Sub-section (4) empowers the Arbitral Tribunal to make additional arbitral award in respect of claims already presented to the Tribunal in the arbitral proceedings but omitted by the Arbitral Tribunal provided:

There is no contrary agreement between parties to the reference;

A party to the reference, with notice to the other party to the reference, requests the arbitral tribunal to make the additional award;

Such request is made within 30 days from the receipt of the arbitral award;

The arbitral tribunal considers the request so made justifies; and

Additional arbitral award is made within sixty days from the receipt of such request by the arbitral tribunal (sub-section 5).

It is also possible for the tribunal to extend this time cap if it deems necessary on the basis of reasonable grounds (sub-section 6).

Relation between Section 33 and 34

Section 34 of the Arbitration and Conciliation Act, 1996 provides for setting aside of the arbitral award.

On careful reading of both the sections together, one can say that when a party is not satisfied with the arbitral award granted then they move to correct and interpret the award or try to acquire an additional award. However, the party may find these means to be insufficient. In such cases, the parties move to set aside the award- which means, to invalidate the granted award.

Under Section 34(3)- a party cannot file for setting aside of the award after 3 months have passed from the day that a request under Section 33 was disposed of. This is subject to the satisfaction of the court- the court should be convinced that such an application was disposed of on the basis of reasonable grounds.

Conclusion

After careful reading of the article, it is safe to conclude that Section 33 is a very important part of the Arbitration and Conciliation Act, 1996. This is because it plays a major role in protecting the interests of the parties and in preventing the arbitral tribunal from making mistakes. It ensures transparency in the process and ensures that no party suffers harm due to the mistakes of the arbitration tribunal.

To further ensure that the parties are not taken advantage of, a time-cap is placed upon the proceedings so that there is no wastage of time and money. This way the objective of choosing arbitration over traditional methods of dispute resolution is protected.

LawSikho has created a telegram group for exchanging legal knowledge, referrals and various opportunities. You can click on this link and join:

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educarestuff · 3 years

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Planning to Join a Law College? Ask these Questions to Yourself First

Law is an interesting and lucrative career. With a law degree, you can practise as a lawyer, work for law firms or work for NGOs as well as government. Lawyers are always in demand. There are several law colleges in India, offering courses from BBA LLB to a doctorate degree in law. If you are planning to apply to law college, it is important that you do some introspection.

Here are some questions you should ask yourself before joining a law school:

Why do you want to go to law school or become a lawyer?

Be brutally honest with yourself while answering this question. There can be many personal as well as practical reasons behind it.

Do you know what a lawyer really does?

Ask yourself if you know the future prospects after getting a degree in law. Reach out to a lawyer near your area and get insights into what it is really like to be a lawyer.

What are the different entrance law exams?

To get into a good law college, you need to first clear entrance exams. Law School Admission Test (LSAT) and Common Law Admission Test (CLAT) are among the entrance exam students need to clear to apply for admissions to undergraduate (UG) and postgraduate (PG) law programmes. There are many colleges that conduct their own entrance exams. These exams test prospective law students on their critical thinking, logical reasoning and writing skills.

Are you a good communicator?

Another important characteristic of a good lawyer is their communication skill. Verbal skills are vital to law students and lawyers. Clarity of presentation is as important as clarity of thought for them.

What are the basic skills one needs to be a successful lawyer?

Besides good communication skills, a good lawyer needs:

Writing skills

Analytical Skills

Research Skills

Listening Skills

Decision Making Skills

Comprehension skills

How well do law schools prepare students?

Many reputed law schools have mock courts where students get to take part in simulated court proceedings. This helps them to get practical training along with theoretical training. As a law school applicant, you should find out what type of experiential learning opportunities law schools that you are interested in offer.

What are some of the best law schools/law colleges in India?

Some of the best law schools in India are:

NLSIU Bangalore

NALSAR Hyderabad

NUJS Kolkata

Unitedworld School of Law: If you are looking for a reputed law college in Gujarat, explore courses offered by Unitedworld School of Law (UWSL), Karnavati University. The college offers BBA LLB (Hons), a 5-year Integrated Programme as well as Ph.D. in Law and Ph.D. Degree (Inter-Disciplinary). The doctorate degree in law is available full time as well as part-time.

#law college #doctorate degree in law

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loyallogic · 4 years

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Environmental pollution as a tort

This article is written by Bhanvi Juvekar, a student pursuing B.B.A.LLB(Hons.) from Unitedworld School of Law (UWSL, Karnavati University). This article explores the usage of tort law in cases related to environmental pollution and further analyses its evolution into the principle of absolute liability.

Introduction

Pollution is a matter of global concern. The causes of environmental pollution can be traced back to human actions such as littering and contamination of the environment by companies dealing with hazardous substances.The actions of those causing pollution affect an individual directly or indirectly. The acts of a person should not interfere with the rights of others. To ensure that individuals who have suffered due to environmental pollution get justice, compensation is provided under tort law. This article explores the use of tort law as a remedy seeking instrument. Now, we know that there are statues for the prevention of environmental pollution so the question that arises is that:

Why use tort law for environmental pollution related remedies?

The statute that exists against environmental pollution is the Environmental Protection Act, 1986. This act was enacted after the unfortunate and gruesome case called the Bhopal Gas Tragedy.

Although it appears that the environmental Protection Act is sufficient to deal with the cases related to pollution of land, water, and air etc. but essentially speaking the scope of the act is a bit narrow. It basically implies that the act is just of a preventive nature while the tort law also works as a remedial tool.The only way victims of environmental pollution can seek justice is by demanding compensation.

Furthermore, this act gives way to a loophole because the radical approach to the system of locus standi(cause of action) is dissolved by the requirement of a sixty-day notice which allows the offender ample time to annihilate all kinds of evidence or follies on his part.

Often times, environmental pollution is caused by large companies (eg. Chemical companies) that harm an individual and/or his property. Since litigation is a very expensive process, it is hard for an individual to take the protection of statutes. The protection of statutes is not sufficient. For individual claims tort law is a preferable option as it focuses on providing damages to the injured party. It remains effective even after so many years have passed since independence.

Thus, tort law in addition to statutes provides a legal method to acquire compensation when a person is harmed due to environmental pollution caused by another.

But as we know that tort law can be used only when there is personal damage to property or body. Environmental pollution affects the environment at large, thus tort law can be used only when there is environmental damage.

Environmental pollution under tort law

Environmental pollution can be a part of tort law under the following categories in India-

Nuisance,

Trespass,

Negligence, and

Strict Liability.

Tort of nuisance

It is said that the deepest doctrinal roots of modern environmental law are found in the common law principles of nuisance.

Nuisance is the unlawful interference with a person’s use and enjoyment of his own land/property. It can be attributed to any sort of disturbance that hampers one’s ability to enjoy his space without hindrance.

For a person to bring charges for the same, one must prove that he is facing unnecessary disturbances. The actions of the defendant have to be unreasonable in order for an act to be considered as a nuisance.

Nuisance can be of two types:

Public nuisance: Public nuisance is caused when the action of one affects many individuals or affects a community at large. It is an act or omission that affects the health, safety, and/or the dignifiable standard of living of many people at once.

For example, in the cases of:

Ram Lal vs Mustafabad Oil And Cotton Ginning(1968): It was held that when the noise level crosses a certain threshold value it should be considered as a public nuisance. It falls under the category of noise pollution. It is a public nuisance as it causes discomfort to many at once.

It is important to note that it does not matter whether the activity that caused harm was legal. The fact that it is causing harm is enough to award compensation.

Private nuisance: Private nuisance is caused when a person is harmed individually. This can happen in two scenarios:

The pollution causes harm to only an individual and does not affect many people.

The pollution caused harm to a group of people but that person suffered additional harm individually apart from the harm that is caused to everybody in that group.

In cases of nuisance, to determine liability it is important to look at two factors:

Foreseeability: If the accident/incident was foreseeable and could be prevented then the defendants are to be held liable.

Eg. In the case of- Overseas Tankship (U.K.) Ltd. v. Miller S. S. Co. Pty.(1966) oil was spilt from the ships of the defendants which caused a fire and caused harm to the plaintiffs. It happened due to the carelessness of the defendants which means that the incident was foreseeable. The defendants were held liable.

Reasonableness: In nuisance cases, the burden of proving unreasonableness is often difficult because the reasonableness of the defendant’s conduct is determined by weighing its utility against the gravity of harm to the plaintiff.

Trespass

Trespass is an unlawful interference with one’s property. Trespass is entering someone’s property by breaching its boundaries without the owner’s permission. Thus to claim trespass:

Trespass is a direct offence. One has to show that somebody/ some substance entered their property causing harm.

The fact that trespass has to be a direct offence is an important factor because it is the only point that distinguishes it from nuisance.

Trespass has to be intentional in nature.

It is also important to note that it is not necessary to show harm in cases of trespass. It is only important to show that an object or a person entered the plaintiff’s property without their permission.

In the case of Fairview Farms, Inc. v. Reynolds Metals Company(1959), there were airborne liquids and substances on the plaintiff’s property which were considered to be trespass. The defendants were held liable and an injunction was not provided because the defendants rectified their position so that no further harm is caused.

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Negligence

There are situations when an individual/company fails to take reasonable care. Due to a lack of exercise of due obligation and failure to fulfill their duty to take care, the damage is caused to another party. This act/omission to not take reasonable care is called negligence.

Care is an abstract term therefore, the question is: how do we know if sufficient care was taken or not?

To determine whether reasonable care was taken or not it is important to know the degree of relation between the act of negligence and the accident.

It is important to know that if the party was truly not negligent and had exercised care, then the said incident would not have taken place. Thus, reasonable care has to be determined by looking at the degree of damage caused.

Reasonable care can only be exercised if the risk is known and the harmful events could have been foreseen. Thus, reasonable care will be measured with respect to the risk taken and the degree of harm caused to the victims.

For example, the case of Hagy v. Allied Chemical & Dye Corp(1953). In this case, the plaintiff blamed the defendant for harm caused to her larynx. This harm according to her was caused when she drove through a smog covered area with her husband. This smog she said contained sulphuric acid components leaked from the defendant’s plant negligently.

In this case, it was difficult to establish a connection between the injury and the negligent act. This was because the larynx was cancerous and she would have to undergo surgery even if she had not driven through the smog-filled area. As one can safely interpret from the above explanation that since a connection was not established between the act of negligence and injury caused it was impossible to hold the defendants liable.

Another aspect of negligence is that: Negligence overlaps with the provision of nuisance. This can be seen in cases where the negligent act extends for a long period of time causing unlawful interference with one’s enjoyment of land causing a nuisance. For example, in the case of Rylands v. Fletcher(1868) if the negligent act allows the escape of a non-natural and dangerous thing which the defendant has brought on his land.

In the case of Naresh Dutt Tyagi v. State of Uttar Pradesh(1993), fumes released from the pesticides leaked to a nearby property through ventilators that resulted in the death of three children and foetus in a pregnant woman. It was held by the court that it was a clear-cut case of negligence.

The upside of claiming negligence is that the defendants have to prove to the court and convince the judge that their actions/omissions were not negligent. It is up to the defendants to prove that reasonable care was taken and all preventive measures were in place to prevent a harmful accident. If the defendants fail to prove their innocence then damages are provided to the plaintiffs. This way the tort law also cautions major firms against not taking reasonable care. Once damages are awarded in one case, to shut off exposure to prosecution, companies start taking measures to prevent environmental pollution which could cause harm to someone’s life or property.

Strict Liability

Tort law also constitutes the Doctrine of Strict Liability. Strict liability means that a person has to show that he/she did not voluntarily participate in the said incident as a result of their own actions. The Doctrine of Strict Liability is also known as liability without fault. A person who brings upon himself perils through his own negligent actions is not awarded damages.

The downside of this is that the burden of proof rests on the shoulders of the plaintiff. In environmental pollution-related cases, it becomes very hard to prove and bring forward evidence against the defendants. This doctrine was talked about in detail in the case of Rylands v. Fletcher(1868).

Due to its disadvantages, the principle of Absolute Liability was developed which is discussed below:

Landmark Judgments

MC Mehta v. Union Of India

This case is considered a landmark judgment because the principle of Absolute Liability was developed fully in this case.

In this case, there was a leak of oleum gas from Shriram food and fertilizers Ltd situated in Delhi. Oleum is a poisonous gas.

The principle of absolute liability states that the liability in such cases is not a function of defences under strict liability such as self participation, act of god, etc.

Absolute liability means an exceptional condition where the liability of the accused party is so grave that no form of defence employed is sufficient excuse for their non-performance of practising reasonable care and failing to recognize their duty towards the society and environment. Absolute liability is especially important in cases when irreparable and grievous harm is caused.

In this case, the Deep Pocket theory was also formulated. This meant that the larger the corporation is, larger will be the damages paid by them to the hurt.

Bhopal Gas Tragedy

In the Bhopal Gas Tragedy (Union Carbide Corporation vs Union Of India Etc, 1989) case many died in the city of Bhopal due to the leak of Methyl Isocyanate gas. It caused the instant death of millions of people who came in contact with the gas. The gas leak polluted water and land of Bhopal which rendered the use of two of the most essential substances for survival useless. Since the land and water were polluted, generations suffered and continue to suffer because of birth deformities.

In this case, because such grievous harm was caused, India realized the importance of checks and balances and enacted the Environment Protection Act 1986. This case also opened gates for the principle of absolute liability as the duty of care and liability of the defendant was large and inexcusable. The death of millions cannot be excused on the basis of any defence.

Conclusion

This article takes one through the different ways in which tort law can be used as a remedy for damages caused due to environmental pollution.

A close analysis leads us to safely interpret that the scope of the tort of nuisance and negligence is far-reaching.

The two most gruesome incidents and landmark cases that participated in the shaping of environmental tortious claims in India were caused due to negligence on the defendant’s part.

At that time, India was also experiencing massive industrial changes that led to the setting up of many companies that were in the business of hazardous substances.

Thus, it is safe to interpret that the evolution of tort law in relation to environmental pollution has paved a pathway for those who are harmed by the same to gain compensation. It has also cautioned companies in the business of hazardous substances towards their liability. This evolution has made way for better administration of justice. Further evolution of the principle of Absolute Liability (the only part that is unique to the needs of India and has not been adopted from English law) demands greater accountability and protects rights through remedy/compensation. It is accepted that threat to one’s life is a grievous crime and cannot be excused under any circumstances.

LawSikho has created a telegram group for exchanging legal knowledge, referrals and various opportunities. You can click on this link and join:

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