Juurisprudential Analysis: Bhim Singh V. State Of Jammu And Kashmir
A Jurisprudential Analysis
Bhim Singh v. State of Jammu & Kashmir1
Factual appreciation
The facts of this case are quite simple, but the jurisprudential implications of the judgment remain enormous. Simply put, a member of the Legislative Assembly of the State of Jammu and Kashmir was arrested by the police. The unfortunate Mr Bhim Singh, who was so arrested, was not produced before the Magistrate for a period of four days and further was kept hidden in an undisclosed location. Needless to say, the Supreme Court eviscerated the State machinery for such flagrant violations of human rights. It is clear that the depredations visited upon Mr Bhim Singh were a result of a particular session of the Legislative Assembly where his vote may have been crucial. Since Mr Bhim Singh had later been freed, the courts were left with a dilemma as to the remedy to be provided to him. Thus, the Apex Court ordered the State to grant him compensation.
Jurisprudential questions involved
There are two interesting questions which arise from the judgment. The first is the hierarchical relationship between the State and citizen. The second interesting question is whether monetary compensation is a suitable remedy for a victim of State oppression.
Early jurisprudential thought
Since the flowering of jurisprudential thought, the earliest writers such as Austin2and even Bentham2, envisaged a system of society having a “political superior”. Thus the question of the State and citizen being the same was
The Case Of Narendra Nagareddy
334 Words | 2 PagesArrested after 36 patients died, Narendra Nagareddy had been held at his office following a raid from DEA agent. Around 12 of the 36 patients died from an overdose. Almost 40 federal and local agents raided his Jonesboro office as they seized even more assets at his home. As a psychiatrist of Jonesboro, Nagareddy has been over prescribing benzodiazepine and opiates for the last several years, which has led to multiple overdoses and deaths. People have come to Nagareddy for help, but instead of receiving help, they are met with deadly consequences.
Indian Constitution Dbq
342 Words | 2 PagesThe Constitution of the United States created in 1787 provided the framework for an egalitarian society where every free white male had equal representation and therefore promoted social happiness. However, in 1787 there were many groups of people in the newly formed United States of America that were not addressed, or even disenfranchised by the new Constitution. This included slaves, free women, and American Indians. Whereas free white males had their liberties fully expressed by the constitution including fair and equal representation, social happiness should include every group within the United States as every person in the States should have a say in government.
Jean Domat's Social Order And Absolute Monarchy
1340 Words | 6 PagesHIST 3005 Contreras 1 Luis Contreras Sophie Tunney 12/3/2018 The Needs of the people When a form of governing a state becomes obsolete it is sometimes best to do away with that form of governance and install a new form of government. In our “Shaping Of The Modern World” textbook we can find the source “Common sense” by Thomas Paine explaining how ineffective England’s rule over the colonies is, and we can also find “Social Order And Absolute Monarchy” by Jean Domat which argues in favor of absolute rule by the monarchy. Domat’s idea of absolute monarchy is flawed however because when a monarchy is in power it limits the growth of the state, stomp on the natural rights of its citizen’s, their decisions will affect their people
Pros And Cons Of The Declaration Of Independence
951 Words | 4 PagesIt covers the creation of man, institution of government, to the eradicating of said government when it fails to protect people's’ unalienable rights. The unalienable rights are said to be life, liberty, and the pursuit of happiness. The indictment of the king is proof
The Dark Side Of Human Rights By Onora O Neill
599 Words | 3 PagesThe result is unappealing for a normative account of human rights, as both the rights and the obligations become “special, not universal” (431). However, O'Neill identifies the “deepest problem” to be that the obligations attributed to states are second-order, namely to “secure” the respect of liberty rights and “ensure” the fulfilment of rights to goods and services (433). The issue is that first-order obligations are the counterparts of the rights described instead (434). She argues that the state relegates first-order obligations to individuals, who become the “beneficiaries” of obligations while bearing their “burden” (436). Ultimately, she voices concern that overburdening 'the farmer and the physician' may diminish both their willingness of provide their respective services and the quality of their labour
Logos And Ethos In The Declaration Of Independence
902 Words | 4 Pages“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness”. This statement by the Founding Fathers is the core disagreement between the 13 Colonies and Great Britain. Throughout this historical document, there are multiple arguments made to get the authors’ point across. The authors’ effectively use logos, ethos, and pathos to contribute to the formation of the concluding argument. Logos is used because the thesis is straight to the point and it is supported throughout the entire document.
Henry David Thoreau's Civil Disobedience
1371 Words | 6 PagesA government’s improvement revolves solely around recognizing the rights of men: “There will never be a really free and enlightened State until the State comes to recognize the individual as a higher and independent power, from which all its own power and authority are derived, and treats him accordingly” (Thoreau, 1847/1998, p. 146). The people form the government. A
Rousseau Vs Thomas Paine Essay
1232 Words | 5 PagesHe justifies the need for democracy, aristocracy and monarchy depending on location. The three philosophers use their judgment and prior knowledge on each other’s work to validate an ideal society, especially for the uprising continent of America. Governments are an established institution in every society. Though there are multiple types of governments, their purpose is fundamental to determining the influence on a civilization.
Similarities Between Plato And John Locke
1333 Words | 6 PagesEveryone has a perspective of their own about the government whether it be good or bad. Ancient Greek philosopher Plato and English philosopher John Locke both discuss the topic of government in their literatures. In the Republic by Plato, Plato introduces this concept of a just city. In this city, he believes that the older and wisest person(s) should rule as they are very knowledgeable. Everyone is born innately different according to Plato.
Compare And Contrast Hobbes Locke And Rousseau
1740 Words | 7 PagesThis state of nature was the conditions in which we lived before there were any political governments to rule over us and it described what societies would be like if we had no government at all. In this essay I will compare the opinions given by each philosopher regarding their understanding of the state and the law. I will also discuss how their theories have influenced our understanding of the law today. Thomas Hobbes – Regarding the State and Law Firstly I would like to begin my discussion with Thomas Hobbes.
Dworkin's Theory Of Discretion
788 Words | 4 PagesDworkin and Judicial Discretion, Philosophy of law, last accessed from http://www.yellowpigs.net/philosophy/dworkin on 02 April 2016 4. Dworkin, Ronald, (1977), Taking Rights Seriously, London,
Bryan Turner's Theory Of Human Rights
1217 Words | 5 PagesThis belief supported Weber’s view on human rights; Weber implied that there was a relationship between bureaucracies and rights. The features of Sjoberg’s theory of human rights included focusing on the bureaucracy and the role of human agency in relation to it. Unlike Weber, Sjoberg went further into the topic and includes the inequality that occurs with individuals higher up in the hierarchy. From Sjoberg and his colleagues’ studies it was proposed that individuals are capable
Aristotle's Citizenship
1750 Words | 7 PagesDebate surrounding the question of citizenship, and the ensuing ideals about what makes a good life, has existed for as long as citizenship itself – providing many contrasting views and interpretations about the peak of human flourishing. Aristotle himself recognizes this fact, stating that “…there is often dispute about the citizen…since not everyone agrees that the same person is a citizen” (Politics 65). This is indicative, then, of the fact that there will be many different interpretations of human existence and its purpose; due to the fact that there is not even agreement on citizenry and what the ideas of it reflect for human life. The juxtaposition of two such views, those of Aristotle and Locke, allow thinkers to evaluate not only two
Before Memory Fades Summary
1719 Words | 7 PagesBefore Memory Fades... Fali S. Nariman Shri Fali S. Nariman is a senior advocate at the Supreme Court of India and is one of the most distinguished Constitutional lawyers in the Indian sub-continent. He has argued several leading cases. It would probably still be an understatement to say his birth and his entire life is an immense inspiration to young lawyers and people in general. ‘Before Memory Fades...’ is the name of the autobiography of Fali S. Nariman.
Importance Of Stare Decisis In Malaysia
814 Words | 4 PagesIn the said case, the counsel for the appellants tried to argue before the Court of Appeal that the decision in the case Rama Chandran v The Industrial Court of Malaysia & Anor was wrong. Because the court was heard in the Federal Court, the Court of Appeal disagreed. It was also
More about Juurisprudential Analysis: Bhim Singh V. State Of Jammu And Kashmir
The Case Of Narendra Nagareddy
334 Words | 2 PagesIndian Constitution Dbq
342 Words | 2 PagesJean Domat's Social Order And Absolute Monarchy
1340 Words | 6 PagesPros And Cons Of The Declaration Of Independence
951 Words | 4 PagesThe Dark Side Of Human Rights By Onora O Neill
599 Words | 3 PagesLogos And Ethos In The Declaration Of Independence
902 Words | 4 PagesHenry David Thoreau's Civil Disobedience
1371 Words | 6 PagesRousseau Vs Thomas Paine Essay
1232 Words | 5 PagesSimilarities Between Plato And John Locke
1333 Words | 6 PagesCompare And Contrast Hobbes Locke And Rousseau
1740 Words | 7 PagesDworkin's Theory Of Discretion
788 Words | 4 PagesBryan Turner's Theory Of Human Rights
1217 Words | 5 PagesAristotle's Citizenship
1750 Words | 7 PagesBefore Memory Fades Summary
1719 Words | 7 PagesImportance Of Stare Decisis In Malaysia
814 Words | 4 Pages