Copyright is a form of protection written in the Constitution and granted by law for original works fixed in a tangible form of expression. Copyright covers both published and unpublished works and were adopted after the establishment of the Copyright Act of 1976. This Act secures all previous copyright laws of the U.S. and distributes more specific rights to the creator such as the rights to reproduce, rights to sell, lease or rent, rights to perform works, and so much more. Not only does the law give rights to creators, but
It has over the period of time changed from a mere spectator to a proactive player. This is what one calls as judicial separation in general terms. The Indian judiciary has taken upon itself the task of ensuring maximum freedom to the masses and in the process, to galvanize the executive and the legislature to work for public good. Judicial activism is basically a deviation from Separation of power principle. Judicial activism is based on the theory of Jurisprudence called Sociological Jurisprudence, which arms the judiciary with wide legislative and executive powers.The traditional understanding of the judicial process is that while the legislature makes laws and the executive implements them, the judiciary’s function is only to interpret and apply
The doctrine of Separation of Powers in India is as old as the Constitution itself, and was extensively, though, perhaps not exhaustively, discussed in the Constituent Assembly Debates. Emphasis was laid on giving Constitutional Recognition to Separation of Powers by Prof. K.T. Shah, a member of Constituent Assembly. It was to be culled out by Art. 40-A as under: “There shall be complete separation of powers as between the principal organs of the State, viz; the legislative, the executive, and the judicial.” However, this idea was opposed by Shri Hanumathaiyah, who envisioned a functional, harmonious government, instead of complete separation of powers.
That way, the hearer’s face is saved and preserved. Sometimes off-record strategies can be transformed into an FTA, for example, the use of irony, metaphors, idioms, etc, but because the way in which words are said with a proper face can as well save the speaker according to the context. (Brown & Levinson, 1987, pp. 211-213) The off-record strategy is regarded as the best method to be polite as it make the speaker gets away with his or her words and saves his or her face, and in the same time it save the face of the hearer. To a far greater extent, using the off-record, the speaker can fulfill the satisfaction of the hearer’s negative face more than the negative politeness can do.
Here in this situation the alternative dispute resolution seems to be the right choice. The Constitutional mandate. The right to life and personal liberty guaranteed under article 21 of the Constitution cannot be taken away except according to procedure established by law. The words life and liberty are to be liberally interpreted and the procedure referred in therein should be reasonable, fair and just. Thus the right to speedy trial is considered to be the part of right to life and liberty.
The law has been modified and interpreted to incorporate safeguards so it may withstand constitutional scrutiny. However, it still acts as an effective means to infringe the right to freedom of speech and expression which is given in Article 19(1) (a) of Indian constitution. TheArticle using the aid of various primary sources and mainly secondary sources will discuss the following points starting with the introduction, prevalent provisions of Sedition laws in India, brief history about the sedition law, relation between politics, debate and modification in the law of sedition and the various case precedents decided in accordance with the offence, in the pre-independence and post- independence period.
‘Freedom of Speech and Expression’ as a Fundamental Right in India The Constitutional Perspective N. Victoria Research Scholar Department of Law, S.P.M.V.V. Tirupati. Abstract: The concept of the freedom of speech and expression as a fundamental right guaranteed by the Constitution of India with an importance on the test of the constitutional regulation. This paper has been separated into three parts. First Importance of Freedom of Speech and Expression is the protection of democratic government.
Freedom of expression is one of the fundamental human rights that is utmost for any democratic system to function in an acceptable extend. In Malaysia, freedom of expression is more often than not restricted through old-fashioned laws and in some cases restricted through the threat of violence. The laws restricting the Freedom of Expression includes but is not limited to few laws such as, 1. The Sedition Act 1948 2. The Communications and Multimedia Act 1998 3.
Social justice -Reservations: Recent Trends Dr. M.Sreeramulu, Assistant. Professor, Department of Law , S.K.University, Anantapur. Social justice: Reservation is mainly based on the principles of Social Justice. Ours is a Welfare State and the Constitution of India provides for promotion of welfare of the people particularly people who are socially and educationally backward. Hon’ble Judge of the Supreme Court of India Gajendra Gadker J1., while delivering a judgment pointed out that “the concept of social justice is an essential postulate of the rule of law and it gives special significance to the idea of a welfare state”.
The law implementing agencies are existing but, judiciary being law interpreting agency and legislative wing being law making agency have also contributed towards the implementation of CEDAW. While performing the role of custodian and guardian of constitutional rights of the citizen and watching towers for performance of duties of the State, several judgments have been given by the different High Courts and by the Supreme Court in India wherein, arms of the existing laws have been extended to embrace within it the ideologies of equality, liberty and fraternity. Elimination of discrimination, being ultimate product of maintaining equality will have to be viewed as a negative checkpoint to attain the result of elimination of all forms of discrimination. The women, as a class, being most oppressed and suppressed, dejected and rejected, exploited and underprivileged, need to be taken utmost care to see to it that the discrimination may not go any further. Exemplifying by judgments of Hon’ble Apex Court of India in this part of chapter in view of the fact that the subject of the research is administration of CEDAW in India and its rate of success to eliminate all forms of discrimination against women can reasonably be relate to the contribution of judiciary.