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Author: toahostinger

Article 21 of Right to Life Under Indian Constitution

Posted on By toahostinger

Article 21 of indian constitution and human rights Article 21 of the Indian Constitution states that life is more than just the act of breathing. It does  not suggest constant labour or a life of bare survival. It addresses a far broader variety of  concerns, including the right to a reasonable quality of living, the right to a means of support, the  right to health, the right to clean air, etc. The right to life includes all those aspects of life that  give a man’s life meaning, joy, and value. It is necessary of our very being with out which we  cannot exist as humans. The right to life is a fundamental premise that derives the minimal  necessities, pre requisites, and core desires of a person.   Article 21 Provides Two Rights: RIght To live according to mentioned  One of the most important rights that its Constitution protect is the fundamental right stated in  Article 21.  This right has been referred to as the “heart of fundamental rights” by the Supreme Court of  India.  The right says clearly that no one can be deprived of its life or free except in accordance with the  legal process. This suggests that this right is solely applicable against the State. State in this  context refers to not only the government but also government agencies, local groups,  legislatures, etc.  Any shy citizen infringing on another person’s rights does not amount to a violation of Article  21. The victim’s remedy in this situation would be provided under Article 226 either by general  law..  The right to life includes far more than the capacity to survive. It also must include the ability to  live a full life with dignity and commitment.  Article 21’s main objective is to ensure that the State only violates a person’s right to life or  liberty in accordance with the established legal process.  Case laws based on article 21:-   The Hon’ble Supreme Court of India held in Kharak Singh v. State of Uttar Pradesh that “life”  refers to more than just animal existence. The prohibition against its loss pertains to all the limbs  and faculties that are used to enjoy life. The prohibition prohibits the mutilation of the body  through the deletion of an eye, an armoured leg, or any other organ through which the soul  connects to the wider world. Euthanasia in india  Passive euthanasia has been made legal in India.  The SC legalised passive euthanasia in 2018 by allowing individuals in a permanent vegetative  condition to have life support removed.  This choice was taken as a result of the judgement in the well-known case concerning Aruna  Shanbaug, who passed away in 2015 after more than 40 years of being in a vegetative status.The  court rejected active euthanasia by means of lethal injection. Active euthanasia is illegal in India.  Due to the absence of euthanasia legislation in the nation, the court ruled that its ruling would  take precedence until the Indian government introduced appropriate legislation.  A tight set of rules govern the validity of passive euthanasia.  Patients must be in a vegetative state or have a fatal disease in order to consent to this therapy  through a live will.  In a living will, a person specifies what medical procedures should be executed in the event that  they become ill or be incapable of making decisions for themselves.  The doctor will construct a hospital medical board after informing the patient and/or his relatives  when the executor (of the living will) gets a terminal illness with no prospects for recovery.  4 Important Factor For Right to Life and Suicide  4. a) No one has total autonomy over his or her life. He or she has a responsibility to their family. A  person’s suicide can frequently leave a family penniless.  4. b) Decriminalizing aiding in suicide may follow the decriminalisation of suicide. The argument against  it is that suicide alone can be decriminalised if the requisite legislation or legal guidelines are in place  to include aiding in suicide.  Arguments in favour of decriminalising suicide:  Conclusions :  The Indian constitution’s framers crafted this Article in a way that neither makes any provision  obligatory nor exempts any person from the fundamental obligations that all of the nation’s  citizens are required to uphold. No rights or obligations will be omitted because this article has observed the socio-economic  structures of the countries so closely. Maybe the most distinctive aspect of our constitution that  sets it apart from those of other countries is this.

Indian Constitution

An introduction to Transfer of Property Act, 1882

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An introduction to Transfer of Property Act, 1882 OverviewThe Transfer of Property Act is a law in India which regulates and provides framework or methods of transfer of property mainly immovable property such as land, houses etc. It lays down the basic rules and fundamentals of transfer of property and the modes of transfer including sale, mortgage, lease, gift, and exchange etc. Its main object is to simplify transfer of property i.e… “conveyance of property from one person to another.” 1. When act Enacted: The Act was enacted on 17th Feb, 1882 and came into force on 1st July, 1882. The Act consists of eight chapters and 137 sections. 2. Meaning of Act: Transfer of property is defined under Section 5 of the Transfer of Property Act, 1882. Section 5 defines the expression “transfer of property” as an act by which a living person conveys property, in present or in future, to one or more other living persons, or to himself, or to himself and one or more other living persons. It also defines the expression “to transfer property” as meaning to perform such act. The section further clarifies that ‘living person’ includes a company or association or body of individuals, whether incorporated or not, but nothing herein contained shall affect any law for the time being in force relating to transfer of property to or by companies, associations or bodies of individuals. This clarification was inserted in 1929. 3. Various modes of transfer of property: A. By act of parties (TPA applies only on transfer by act of parties i.e., transfer between two living persons) this includes:i. Saleii. Leaseiii. Mortgageiv. Exchangev. Giftvi. Actionable claim B. By operation of law, property here transferred automatically by the process of law (TPA does not apply in this kind of transfer except sec. 57 and chapter 4): i. Transfers by orders of courtii. Transfer in case of insolvency, forfeiture, sale in execution of court’s decreeiii. Inheritance, will 4. Preamble: Whereas it is expedient to define and amend certain parts of the law relating to the Transfer of Property by act of parties (transfer between living persons); it is hereby enacted as follows… Thus it is clear from the preamble that TPA applies only on transfer of property by act of parties and not by operation of law and it is not exhaustive. Note in preamble expression used ‘define and amend’ and not to consolidate. It means it does not contain complete law for all kinds of transfers in India. 5. Transfer of Property Act & Indian Contract Act: The Act has modified and make changes in some of the rules which existed before its enactment. It is not a complete code for all kind of transfers in India. It completes Indian Contract Act, 1872, as it is also evident from Section 4 of the TPA. Between 1872 and 1882 the transfer of property under contracts was regulated by English law and principles of justice, equity and good conscience. 6. Movable or immovable properties: It mainly deals in transfers of immovable properties. Transfer of movable properties are regulated by the Sales of Goods Act, 1930. However, secs. 5-37 applies to both movables and immovables. While 38-53A applies only on immovable properties. Further in some specific transfers are concerned, the definitions of gifts and exchange in the Act are not limited to immovable properties; they include the gift and exchange also of movables. 7. Muslim law: As per sec. 2 provisions of chapter 2nd of this act do not affect any inconsistent rule of Muslim personal law. And gifts made by Muslims are governed by the Muslim law of Hiba section 129 of the Transfer of Property Act specifically provides that the provisions of chapter 7th which is on gift would not be made applicable to gift made by Muslims. 8. Prospective or retrospective: The act is not retrospective therefore the rights or liabilities with respect to any property which existed before the commencement of this act shall remain unaffected there is a general rule that unless a contrary intention is expressly indicated a new enactment is not retrospectively applicable glossy of section to lays down the general rule with regard to the provision of Transfer of Property Act. [Sec. 2(c)]In a recent development Supreme Court has reiterated that the lease/tenancy matters which are not governed under the special statutes but under the Transfer of Property Act are arbitrable. (Suresh Shah vs. Hipad Technology India Private Limited, SC 2020)

Property ACT

How Asiya Farooq cleared her J&K Prosecuting Officer Exam in 1st attempt ?

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Question 1 When did you complete your LLB, was it 3 years or 5 years? Ans. It was 3 year LLB course and completed in 2017. Question 2 When do you start your preparation for PO? Did you start your preparation while doing law or after completion of law? Ans. After completion of the law. I started my preparation in 2021- When the advertisement was out for the post of Prosecuting officer. Question 3 Did you prepare for other states’ PO or judiciary? Ans. I was interested in Jammu and Kashmir judiciary-related exams only There were no posts advertised after 2018 till 2021 so I completed my LLM first when posts came out I Started preparing Question 4 How did you prepare for pre- and mains? Ans. I prepared for mains directly as there was little difference in syllabus like few subjects that were in mains were not in pre and vice versa that I did separately Question 5 Kindly throw some light on main answer writing, how often do you practice answer writing while doing your preparation? Ans. My answer writing skills are strong Alhamdulillah, preparing for mains was not a big deal, still, I will let you all know that this was my first attempt so I started practicing answer writing after I qualified pre, every weekend I solved one paper of previous year mains. Question 6 If GS is a part of the J&K PO exam, how did you prepare for that? Ans. Yes, we had CSAT (Civil Services Aptitude Test) as a qualifying paper in Preliminary for that I didn’t prepare separately. I did that side by side. Every day I used to study 3 hours for that before pre. Question 7 Can you recall some questions which were asked in an interview? Ans. I was asked about Provisions of arrest related to Female Charges, Joinder of Charge, Alteration of Charge, Bail Provisions, National Security Act, and Domestic Violence Act, and the last question was why am I interested in becoming a Prosecuting officer and how will I be dealing with people who don’t know about the law. Question 8 How did you prepare for an interview? Ans. I appeared in a mock interview cum guidance program in Jammu and Kashmir Question 9 Anything else you would like to share with students, especially for Judiciary Aspirants? Ans. The thing that I noticed was that aspirants used to write long answers that is what is not needed. The answer should be precise and directly relevant no other references are needed. Flow charts are scoring. Test series for pre and mains is most needed that I did myself as well. While preparing for this exam I was very focused on my goal, sometimes I lost patience but then I prayed and asked Allah to grant me patience. Consistency is very important. Basics should be very clear and strong, Yes I started preparing for it very late and prepared for one and a half years but my basics were very clear initially. What asiya farooq Say About TOA. I watched videos on TOA, read books, and collected the best material, and I prepared my notes after watching videos and reading books. I took help from everyone who was known to me. • I didn’t just mention the language of law but I also referred to leading cases in every answer Question 10 How does TOA help you in your preparation? Ans. Najeeb sir’s videos have been very helpful as concepts that were earlier not clear became clear to me Honestly speaking I always watched his videos whenever I found myself in difficulty understanding anything. I hope you guys will find it useful, for more such interesting updates, go check out our YouTube channel and social media pages, the links are down below. And don’t forget to drop your feedback in the comments section. Now you can start your preparation for Judicial Services and Prosecution Officer at home with our membership plan for details drop us a message on WhatsApp on this number 8840961324 or visit the link below

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