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Constitutional Law

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    • #111888 Reply
      Advocatetanmoy
      Keymaster

      Gabriel Almod‘s definition of the concept of state seems to be fitting here. He qualifies it as:-

      “…… that system of interaction to be found in all society which perform the
      function of integration and adoption (both internally and externally) by the means
      of the employment, or threat of employment of legitimate physical compulsion.”

      Constitutional Law can be said to be at a border line between Political Science and Law.
      Quite often, Law in general can be, among other things, an expression of policy
      perspective or may itself reflect political manifesto. Some policies may remain political
      for definite or indefinite time, yet a good number and aspects of polices are quite often
      articulated and brought down to earth by being reduced into legal instruments. A
      constitution is therefore, an interface of two disciplines; i.e. Political Science and the law
      of Constitution.

      “There is nothing which I dread so much as a division of the republic into two great parties, each arranged under its leader, and concerting measures in opposition to each other. This, in my humble apprehension, is to be dreaded as the greatest political evil under our Constitution.”
      ― John Adams, The Works Of John Adams, Second President Of The United States

      “I have a problem with people who take the Constitution loosely and the Bible literally.”
      ― Bill Maher

      “I know no safe depository of the ultimate powers of the society but the people themselves ; and if we think them not enlightened enough to exercise their control with a wholesome discretion, the remedy is not to take it from them, but to inform their discretion by education. This is the true corrective of abuses of constitutional power.”
      ― Thomas Jefferson, Letters of Thomas Jefferson

      “There are more instances of the abridgment of the freedom of the people by gradual and silent encroachments of those in power than by violent and sudden usurpations.”
      ― James Madison

       

    • #111893 Reply
      Advocatetanmoy
      Keymaster

      “I was astonished, bewildered. This was America, a country where, whatever its faults, people could speak, write, assemble, demonstrate without fear. It was in the Constitution, the Bill of Rights. We were a democracy…

      But I knew it wasn’t a dream; there was a painful lump on the side of my head…

      The state and its police were not neutral referees in a society of contending interests. They were on the side of the rich and powerful. Free speech? Try it and the police will be there with their horses, their clubs, their guns, to stop you.

      From that moment on, I was no longer a liberal, a believer in the self-correcting character of American democracy. I was a radical, believing that something fundamental was wrong in this country–not just the existence of poverty amidst great wealth, not just the horrible treatment of black people, but something rotten at the root. The situation required not just a new president or new laws, but an uprooting of the old order, the introduction of a new kind of society–cooperative, peaceful, egalitarian.”

      Howard Zinn, You Can’t Be Neutral on a Moving Train: A Personal History of Our Times

    • #111897 Reply
      Advocatetanmoy
      Keymaster

      “We the people are the rightful masters of both Congress and the courts, not to overthrow the Constitution but to overthrow the men who pervert the Constitution.”

      Abraham Lincoln

      “Constitution is not a mere lawyers document, it is a vehicle of Life, and its spirit is always the spirit of Age.”
      ― Bhimrao Ramji Ambedkar, Writings And Speeches: A Ready Reference Manual

    • #112022 Reply
      Giga
      Guest

      CONSTITUTION OF INDIA .ARTS.21,226

      Kumari Rojallin Nayak v. State of Orissa & ors. AIR 2013 ORISSA 1
      V.GOPAL GOWDA, C.J. AND S.K.MISHRA,JJ.

      CUSTODIAL DEATH

      Compensation – Death of jail inmate due to self strangulation –Duty of jail authorities to ensure safety
      and security of inmates of jail –only when there is negligence on their part such incident could take
      place -Though incident was termed as suicide foul play could not be ruled out –Thus ,death being
      custodial death ,authorities would be responsible for same – Authorities being employees of State, State would be vicariously liable to pay compensation to legal heir of deceased

      It is duty of the jail authorities to ensure safety and security of the inmates of the jail. Only
      when there is negligence on their part, such an incident could take place. Though the authorities have
      termed the incident as a suicide ,foul play cannot be ruled out. Therefore, this court comes to the
      conclusion that it is a case of custodial death and the authorities are responsible for the same. The
      authorities being the employees of the State of Orissa, the State is vicariously liable for the death of the aforesaid deceased Ganeswar Nayak.

      Keeping in view the aforesaid proposition of law, this court comes to the conclusion that
      on the fact of the case ,death of the deceased Ganeswar Nayak is a custodial death and the jail
      authorities are responsible for the same. As such , the State is liable to pay compensation to the
      petitioner. Keeping in view in entirely of the facts , we assess compensation of Rs 3,00,000/-.

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