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How to plan and organise Moot Court Competition

Moot Court Practice is a compulsory paper included in the syllabus of final year law degree (Either three year LL.B OR five year LL.B) course. This paper was included in the syllabus based on the recommendation of the Bar Council of India.
Therefore, it is mandatory to all institutions which are offering either five year integrated law degree courses or three year LL.B, to plan and conduct Moot Courts for its final year students of law degree course.
A good deal of advance preparation is required to organise a Moot Court Competition; either National Moot Court Competition OR International Moot Court Competition. Generally, one or two teaching staff of the institute will be assigned with the task of organising such Moot Court Competitions.
They play an important role in the organisation and success of any Moot Court Competition. Thus, most of the administration as well as the clerking and general preparation for a Moot Court Competition tends to fell upon such Masters OR Mistresses.
Though…
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Explain the exceptions to general principals of equality provided under Article 15 and Article 16 of the Constitution

Article 15 prohibits the discrimination on grounds of religion, race, caste, sex or place of birth.
a)The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them. b)No citizen shall on grounds only of religion, race, caste, sex, place of birth or any of them, be subject to any of them, be subject to any disability, liability, restriction or condition with regard to-
1.access to shops, public restaurants, hotels and places of public entertainment; or 2.The use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly out of State funds or dedicated to the use of general public.
The general exceptions for this rule are, 1. Special provision for women and children:- Article 15 clause (3) says that nothing in article 15 shall prevent the state from making any special provision for women and children. The reason is that “women’s physical structure and performance of maternal functions plac…

What are the Fundamental Duties provided in part IV of the Constitution

Article 51 A of the constitution specifies a code of ten Fundamental Duties for citizens. It was added to the constitution by the 42nd Amendment act, 1976. Article 51 states that, it is the duty of every citizen of India
a.To bide by constitution and respect its ideals and institutions, the National Flag and National Anthem; b.To cherish and follow the noble ideals which inspired our national struggle for freedom; c.To uphold and protect the sovereignty, unity and integrity of India; d.To defend the country and render national service when called upon to do so; e.To promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women; f.To value and preserve the right heritage of our composite culture; g.To protect and improve the natural environment including forests, lakes, rivers and wildlife, and to have compassion for living creature; h.To dev…

What is the objectives behind the directive principles of state policy?

The Directive Principles of State Policy contained in Part IV of the Constitution set out the aims and objectives to be taken up by the States in the governance of the country. The State must keep in mind these directive principles while formulating laws. They lay down certain social, economic and political principles, suitable to our peculiar conditions prevailing in India.
These principles should be pursued by the various governments in India and these principles thereby imposes certain obligations on the state to take positive action in certain directions in order to promote the welfare of the people and achieve economic democracy.
The main object in enacting the directive principles appear to have been to set standards of achievements before the legislature and the executive, the local and other authorities, by which their success of failure can be judged. It was also hoped that those failing to implement the directives might receive a rude awakening at the polls.

They however does …

Discuss the restrictions on freedom of movement

The State may impose reasonable restrictions on freedom of movement on two grounds:
1.In the interest of general public, 2.For the protection of the interest of scheduled Tribes.
In State of M.P. v. Baldeo Prasad, the Court held – A law providing for experiment of ‘dangerous character’ from a particular locality cannot be called reasonable if it does not specially define as to what is meant by dangerous character as it gives the administrative authority arbitrary power to determine as to whether a citizen is of dangerous character.
The right of a citizen to move freely may also be restricted for the protection of the interest of “Scheduled Tribes”. As the tribes have their own culture, language, customs and manners, it is necessary to impose restriction upon the entry of outsiders to these areas.

In Rajneeh Kumar v. Union of India, it has been held that the requirement of wearing helmet is not a restriction on freedom of movement of citizen. The paramount objective of wearing helmet is to …

Comment on “EQUAL PAY FOR EQUAL WORK”

In Randhir Singh v. Union of India, it has been held that equal pay for equal work, although not expressly declared to be a fundamental right clearly a constitutional goal under Articles 14,16 and 39(c) of the Constitution and can be enforced by the courts in cases of unequal scales of pay based on irrational classification. This doctrine is equally applicable to temporary or casual employees performing the same duties and functions also.
But this right is not absolute. Although the nature may be the same, the works may differ in degrees of performance, the quantity may be the same but the quality may be different etc. In F.A.I.C. and C.E.S v. Union of India, it was held that different pay scales fixed for stenographers grade 1 of Central Secretariat and those attached to the heads of subordinate offices on the basis of recommendations of the Third Pay Commission was not violative of Articles 14 and 16 of the Constitution.

The duties and responsibilities of stenographer’s grade 1 were …

What are the constitutional provisions to prevent exploitation of children?

Article 24 of the Constitution prohibits employment of children below 14 years of age in factories and hazardous employment. Apart from this provision, Article 39 of the Constitution imposes upon the State an obligation to ensure that the health and strength of workers men and women and the tender age of the children are not abused and that citizens are not forced by economic necessary to enter avocations unsuited to their age and strength.
In People’s Union for Democratic Rights v. Union of India, it was contented that the Employment of children in the construction work of Asiad Projects in Delhi since construction industry was not a process specified in the schedule to the children Act. The Court rejected this contention and held that the construction work is hazardous employment therefore under article 24 no children below the age of 14 years can be employed in the construction work even if construction is not specified in the schedule to the Employment of Children Act, 1938.

In pur…

Whether right to privacy is a fundamental right in India?

The “right to privacy” or the right to be let alone is guaranteed by article 21 of the constitution. The Supreme Court has expressly held this in R. Rajagopal v. State of T.N, popularly known as the “Auto Shanker case”. A citizen has the right to safeguard the privacy of his own, his family, marriage, procreation, motherhood, child bearing etc. among other matters.
None can publish anything regarding the above matters without his consent whether truthful or otherwise. The rule is subject to an exception that if any publication of such matters are based on public record including court record, it will be un-objectionable.

Although right to privacy is a fundamental right under Art.21 of the Constitution, it is not an absolute right and restrictions can be imposed on it for the prevention of crime, disorder or protection of rights and freedom of others.