LL.b Notes

Here, is the guys the important 30 MCQ on general knowledge of Assam. 

this questions are very important for all the competitive exams especially conducted by the Govt. of Assam . Please download this pdf  from the link given below thank you. 

CLICK HERE => 30 MCQ GK ASSAM 

Life in Law School 

Hello my friends,

you might have been searching in the internet, what kind of environment that you are going to have in your law school than I must tell you my friend that you are in the right place. So I will assure you that by the end of this post you will get the total overview of a law school or college, whatever you call it.  I will tell you everything with my experiences of law school.

Well  my friend if you are like me who has not planned me for future or if have not decided what to do in life after your +2 or after your graduation and than suddenly you join law course, than trust me you are definitely going to enjoy a lot your law school journey. Because, the way you have been studying so far is completely going to be different and I know you will going to love it. 

Your opinion about your teachers is going to be changed. You are going to love the way of teaching of your teachers. And the most importantly the friends that you are going to get will be the best kind of , you will find them more ambitious and focused on their carrier, which will help you to find your goals as well. You will see all of your classmates are very confident and sophisticated and by seeing them, being with them eventually, you would  end up trying hard to fit into their zone and you will start learning various soft skills from your classmate. Gradually you will notice a good change in your personality, you will see yourself as a better person than ever.

Regarding curriculum you will definitely find all the law papers interesting. You will end up loving the subject that you are studying , the thought which students generally  have while they see the voluminous book, which will be contrary in your case. Earlier we you used to say that we don't feel like studying or find studies boring will be converted to I love studying. Studies will become your habit, your daily life which you will enjoy a lot.

Trust me when you get ready for your college you are going to look awesome on your new uniform. Everyone will start seeing you as a good person, and that will make you feel good about yourself and that is the development of your personality. 

In law college you are going to attend various seminars and debates that will make you more confident it just that you need to come forward for that without thinking twice. and once you speak in front of your friend and faculty you will develop your good image in the college and that will make you more happy. As a result you will see a drastic change in your character as well.

The moot court class and competition is also very fun things to be done in your law school. 

TO conclude this I will your life will be very different after your law school you will turn out to be more confident and ambitious person like never before. YOU WILL HAVE YOUR AIM OF YOUR LIFE AND YOU WILL GET TO KNOW YOUR CAPACITY ,STRENGTHS.

SO  don't think too much go for it. It's a  really worthy degree to be pursued.

JUDICIAL PROUNCEMENT HAVE UPLIFTED THE SCOPE AND AMBIT OF ART.21 OF THE CONSTITUTION OF INDIA. (scope of article 21 of the constitution of India)

Introduction:  Art. 21 of the constitution of India guaranteed the fundamental right to life and personal liberty to citizens as well as to non-citizens (Chairman, Railway Board v. Chandrima Das). The object of the fundamental right of Art. 21 is to prevent infringement upon personal liberty and deprivation of life except according to the procedure established by law must be strictly followed.

Art.21 of the constitution reads as “No person shall be deprived of his life and personal liberty except according to the procedure established by law”.

Prior to the Maneka Gandhi’s decision Art. 21 guaranteed the right to life and personal liberty to citizens only against the arbitrary action of the executive and not from legislative action. The state could interfere with the liberty of citizens if it could support its action by a valid law.

Scope of Art.21- meaning and scope:

The scope of Art.21 was bit narrow till 50s. The meaning of the words “personal liberty” came up for consideration of the Supreme Court for the first time in A.K. Gopalan v. union of India AIR 1950 SC 27. In this case the petitioner, A.K. Gopalan, a communist leader was detained under the Preventive Detention Act, 1950. The petitioner challenged the validity of the detention under the Act on the ground that it was violative of his right to freedom of movement U/Art.19 (1) (d) which is the very essence of personal liberty is guaranteed by Art.21. But the court held that the ‘personal liberty’ contained in art.21 means nothing more than the liberty of the physical body, that freedom from arrest and detention without the authority of law.

But this restrictive interpretation of the expression personal liberty in A.K. Gopalan’s case has not been followed by the SC in its later decisions. In Kharak Singh v. State of U.P. AIR1963 SC1295 the SC held that the personal liberty is not only limited to bodily restraint or confinement to prisons only, it is used as compendious term including within itself all the varieties of rights which going to make up personal liberty of a man other than those dealt within Art.19 (1).

After Maneka Gandhi v. Union of India AIR 1978 SC597 case the SC not only overruled Gopalan’s case but has widened the scope of the words ‘personal liberty’ considerably. Bhagwati, J. observed:

“The expression ‘personal liberty’ in art. 21 is of widest amplitude and it covers a variety of rights which go to constitute personal liberty of man and some of them have risen to the status of distinct fundamental rights and given additional protection under art.19.” Further held that “The attempt of court should be to expand the reach and ambit of the fundamental rights rather than to attenuate their meaning and content by a process of judicial restriction.”

The court lays down great stress on the procedural safeguard. The procedure must satisfy the requirement of natural justice, it must be just, fair and reasonable.

In Francis Coralie v. Delhi Administration (AIR1981 SC746), held that the word personal liberty is of widest amplitude and it includes the ‘right to socialize’ (by detenu) with members of family and friends subject to reasonable prison regulations. Detenu’s right to have interview with his lawyer and family members is part of his personal liberty guaranteed by art 21. Right to ‘live’ is not confined to physical existence but it includes within its ambit the right to live with human dignity and all that goes along with it, namely the bare necessities of life such as adequate nutrition, clothing, and shelter, and facilities for reading, writing, and expressing ourselves in diverse forms, freely moving and mixing with fellow human beings.

The scope of art21 is further widened in the case of Bandhua Mukti Morcha v. Union of India AIR 1984,SC 802 in respect of the bonded labour and weaker section of the society. The state is under constitutional obligation to see that there is no violation of fundamental right of any person, particularly when he belongs to the weaker section of the community and is unable to wage a legal battle against a strong and powerful opponent, who is exploiting him. As art.21 assures the right to live with human dignity, free from exploitation, the central and the state govt. therefore bound to ensure observance on the various social welfare and labour laws enacted by Parliament for the purpose of securing to the workman a life basic human dignity in compliance with the Directive Principles of State Policy.

It was observed in the case of Unni Krishnan that Art.21 is the heart of the fundamental rights and it has extended the scope of this Art. by observing that the right to life includes the right to education too. (By the 86^th constitutional amendment act 2002, right to education has been inserted under Art.21-A of the constitution).

 The Apex Court in the case of S.S. Ahuwalia v. Union of India and others it was held that in the expanded meaning attributed to Art.21 of the constitution, it is the duty of the state to create a climate where member of the society belonging to the different faith, caste and creed live together and therefore the state has a duty to protect their life, liberty, dignity and worth of individual which should not be jeopardized.

Further in the case of Subhas Kumar vs. State of Bihar  the apex court held that Public Interest Litigation is maintainable for ensuring enjoyment of pollution free water and air which is included in the ‘right to live’ under Art. 21.

Right to privacy as a part of Art.21 : In R. Rajagopal v. State of T.N. (1994) popularly known as “Auto Shankar case” the supreme court has expressly held the “right to privacy”, or the right to be let alone is guaranteed by Art.21 of the Constitution.

In Surjit Singh Thind vs Kanwaljit Kaur, the Punjab and Haryana HC has held that allowing medical examination of a woman for her virginity amounts to violation of her right to privacy and personal liberty enshrined under Art.21.

Conclusion: To sum up the above discussion it is clear that the provision of Art.21 was constructed narrowly at the inception but the law in respect of life and personal liberty of a person was developed gradually. New dimension have been added to Art.21 from time to time. The interpretation which has been given to the word life and personal liberty in various decisions of the apex court, it can be said that the protection of life and personal liberty has got multidimensional meaning and any arbitrary, whimsical and fanciful act of the state which deprived life or personal liberty of a person would be against that provision of Art.21 of the constitution.