Fundamental rights available only to Indian citizens, and not to foreigners, include:
1. Right to Equality (Article 15) — prohibits discrimination on grounds like religion, race, caste, sex, or place of birth.
2. Right to Freedom of Speech and Expression (Article 19) — includes freedoms like speech, assembly, association, movement, residence, and profession.
3. Right to Vote and Contest Elections (Article 326 and related provisions).
4. Protection against Preventive Detention in certain cases (Article 22, limited to citizens).
Other fundamental rights, such as the right to life and personal liberty (Article 21), are available to everyone within India, including foreigners.
Posted on Jun 09, 2025
Under Indian law, a wife has the right to claim maintenance from her husband if she is unable to support herself. This includes financial support for her basic needs such as food, clothing, shelter, and medical care. Maintenance can be claimed during marriage, after separation, or even after divorce, depending on the personal laws applicable. The husband is legally obligated to provide reasonable and fair maintenance to ensure the wife’s livelihood and dignity.
Posted on Jun 09, 2025
The principle of absolute liability in India was established in *M.C. Mehta v. Union of India* after the Bhopal disaster. Unlike the earlier strict liability rule, absolute liability holds hazardous industries fully responsible for any harm caused, without exceptions. This ensures stronger protection for the public and the environment. While it promotes accountability, some argue it may discourage industrial development. Overall, it is a key development in Indian environmental law.
Posted on Jun 09, 2025
Custodial violence directly violates the right to life and personal liberty guaranteed under Article 21 of the Indian Constitution. When law enforcement agencies use torture or brutality against detainees, it undermines the dignity and safety that Article 21 protects. Such violence leads to physical and mental harm, sometimes causing death, which is a grave infringement of this fundamental right. It also erodes public trust in the justice system and violates the principle of humane treatment. Therefore, custodial violence is a serious abuse that compromises the constitutional guarantee of life and liberty.
Posted on Jun 09, 2025
The stages of a criminal trial in India are investigation, filing of charge sheet, court taking cognizance, framing of charges, trial with evidence and witness examination, arguments, judgment, sentencing if guilty, and the option to appeal.
Posted on Jun 09, 2025
The challenges in implementing the Directive Principles of State Policy in India include limited financial resources, political will, and administrative capacity. There are conflicts between Directive Principles and Fundamental Rights at times. Socio-economic diversity and inequality make uniform application difficult. Also, some principles require long-term efforts, making immediate implementation hard. Lastly, lack of awareness and public participation can hinder effective enforcement.
Posted on Jun 09, 2025
The Indian Constitution is the lengthiest because it covers detailed rules for governance, protects diverse groups, includes many schedules and amendments, and combines features from multiple countries, making it very comprehensive and complex.
Posted on Jun 09, 2025
Under Indian law, for a gift to be valid, the donor must be competent to make it, meaning they should be of sound mind and legally capable. The gift must be made voluntarily, without any exchange or consideration. There must be a clear intention from the donor to transfer ownership of the property to the donee. The donee must accept the gift during the lifetime of the donor. The property being gifted should be certain, identifiable, and capable of being transferred. Lastly, the gift must be delivered or physically transferred to the donee to complete the process. Gifts made through a will or after the donor's death are not considered valid gifts under this law.
Posted on Jun 09, 2025
The principles of environmental law and regulation are:
1. Taking action to prevent harm even if there is no full scientific proof.
2. Ensuring economic growth does not harm the environment and resources for future generations.
3. Making those who cause pollution responsible for the costs of cleaning it up.
4. Allowing people to be involved in decisions that affect the environment.
5. Ensuring fair treatment and involvement of all communities.
6. Protecting natural resources for future generations.
7. Focusing on preventing environmental damage rather than repairing it later.
8. Including environmental concerns in all policy and planning decisions.
These principles help create effective environmental laws and policies.
Posted on Jun 09, 2025
An extra-judicial confession is a statement made outside court admitting guilt. It is admissible as evidence but holds less weight than judicial confession. Its reliability is assessed alongside other evidence, as it may be influenced by coercion or falsehood.
Posted on Jun 06, 2025
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