MAJOR LEGAL RIGHTS OF A PERSON ARRESTED BY THE POLICE

 The principal legal rights of a person arrested by the police are as follows:

1. Right to be Informed of the Grounds of Arrest : As per Section 50 of the Criminal Procedure Code (CrPC), an arrested person has the right to be informed of the reasons for their arrest and the charges, if any, against them, at the time of arrest.

2. Right to Legal Representation : Under Article 22 of the Constitution of India and Section 41-D of the CrPC, an arrested person has the right to consult a legal practitioner of their choice. In case the arrested person cannot afford a legal practitioner, the police are bound to inform them of their right to free legal aid.

3. Right to Remain Silent : As per Article 20(3) of the Constitution of India and Section 161(2) of the CrPC, an arrested individual has the right to remain silent and not to answer any questions that may incriminate them. No coerced confessions or statements may be taken from them.

4. Right to be Informed of Rights : It is obligatory for the police to inform the arrested person of their rights, including the right to consult a legal practitioner, the right to be produced before a Magistrate within 24 hours of arrest, and the right to seek bail (Section 50 of CrPC).

5. Protection from Torture and Cruelty : Under Section 330 and 331 of the Indian Penal Code (IPC) and Article 21 of the Constitution, the arrested person is entitled to be free from physical or mental torture, inhuman or degrading treatment, and must not be subjected to any form of torture during arrest, detention, or interrogation.

6. Right to be Produced Before a Magistrate : In accordance with Section 57 of the CrPC, every person arrested shall be produced before a Magistrate within 24 hours of their arrest, excluding the time required for travel, for the purpose of judicial scrutiny of the detention.

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These rights are enshrined to ensure the protection of the arrested person's fundamental freedoms and ensure compliance with due process of law.

Constitution Day Of India

 

Today (November 26, 2024), President Droupadi Murmu will give a joint address to both Houses of Parliament to begin the festivities commemorating 75 years since the adoption of India's Constitution.

The Constitution went into effect on January 26, 1950, when India became a republic, even though it had been adopted on November 26, 1949. The administration has scheduled ceremonies for the entire year to commemorate the event. The Center established a new website, https://constitution75.com, on Monday, November 25, 2024, to let citizens to interact with the Constitution's legacy.

On November 25, union ministers started the "Samvidhan Yatra" to commemorate the 75th anniversary of India's constitution. According to Union Minister Gajendra Singh Shekhawat, we are commemorating "Hamara Samvidhan, Hamara Samman" since the constitution will mark its 75th anniversary of creation. "I want to encourage the young people to band together for the country's progress," he continued.

Samvidhan Diwas, sometimes called Constitution Day, is observed annually on November 26 to honor the adoption of the Indian constitution, which shaped the country's democratic foundation. After three years, the Constituent Assembly, led by BR Ambedkar, finally drafted the constitution in 1949. On January 26, 1950, the Indian Republic's birth anniversary, the Indian constitution went into force.

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2024's Indian Constitution Day: 

Background In 2015, the Ministry of Social Justice and Empowerment of the Government of India formally designated November 26 to be Constitution Day in recognition of the historic occasion.

In accordance with the 1946 Cabinet Mission Plan, the Constituent Assembly created the constitution. Dr. Sachhidanand Sinha presided over the first session, which took place on December 9, 1946, with Dr. Rajendra Prasad serving as the permanent chairman. The longest constitution, which initially had 395 articles, 22 sections, and 12 schedules, was drafted under the direction of BR Ambedkar. Prem Behari Narain Raizada hand-wrote the Constitution in both Hindi and English using calligraphy, while Nandalal Bose and Shantiniketan painters created the artwork. Twenty-two historical pictures from the original manuscript are kept in helium-filled cases at the Parliament Library.

There have been numerous amendments made to the constitution. The 42nd Amendment, one of the 1976 changes, added Article 51-A, which enumerates ten obligations influenced by both international and Indian customs. In 2002, an eleventh duty was added.

2024 Constitution Day:

 Importance The framers of the Constitution are honored on Constitution Day. The longest written constitution in the world is that of India, which emphasizes the values of equality, justice, liberty, and fraternity. By holding discussions and establishing the framework for a sovereign, socialist, secular, and democratic republic, this day honors the Constituent Assembly's goals and achievements.

Constitution Day 2024: Top 10 quotes 

"The Constitution is not a mere lawyer's document, it is a vehicle of life, and its spirit is always the spirit of age." — B. R. Ambedkar

"We are Indians, firstly and lastly." — B. R. Ambedkar

"The Constitution only gives people the right to pursue happiness. You have to catch it yourself." — Benjamin Franklin

"The greatness of a nation lies in its fidelity to the Constitution and adherence to the rule of law." — Chief Justice John Roberts

"A constitution is not the act of a government, but of a people constituting a government." — Thomas Paine

"The Constitution is the guide which I will never abandon." — George Washington

"The beauty of the Constitution is that it enables each generation to interpret it for its own time." — Barack Obama

"Liberty lies in the hearts of men and women; when it dies there, no constitution can save it." — Learned Hand

"Democracy is not merely a form of government. It is primarily a mode of associated living, of conjoint communicated experience." — B. R. Ambedkar

"The most powerful Constitution is one written in the hearts of citizens." — Anonymous

COURT MARRIAGE AND SPECIAL COURT MARRIAGE REGISTRATION

 

Indians spend a lot of money on marriage ceremony, but this trend is changing as more young couples select the far less expensive court marriage option. The "Special Marriage Act 1954," which regulates judicial marriages in India, permits a man and a woman who are 21 and 18 years old, respectively, to get married without the hassle of complicated customs and ceremonies. With a skilled legal staff and certified attorneys, Nexus Lexus provides legal court marriage in Delhi. We can help them with the entire process and set up the wedding with a legal certificate.We provide court marriages under the Special Marriage Act of 1955 within 30 days and same-day court marriages under the Hindu Marriage Act of 1955 from Delhi/NCR.

            

WHY CHOOSE NEXUS LEXUS FOR COURT MARRIAGE REGISTRATION 

This organization's team of knowledgeable legal experts will help you navigate the judicial marriage process by attending to all of the parties' legal demands and requirements. You can simplify the court wedding process with the help of our professionals' expertise and experience. Additionally, we have plans in place to promptly handle client concerns and a staff to keep you informed at every stage.

DOCUMENTS REQUIRED FOR COURT MARRIAGE 

Date of birth of Bride and Groom (10th Certificate/Passport/Birth Certificate). Address Proof of Parties (voter ID/ driving license).PAN Card and Address proof of the witnesses.6-6 passport size Photos of Bride and Groom.Both witnesses should be same state.

REGISTRATION PROCESS

THE DELHI COURT MARRIAGE PROCEDURE 

Although the Delhi court can handle the court wedding process, a court wedding in Delhi cannot be completed in a single day. The bride should be 18+ and the groom should be 21+. The only days that Delhi Court weddings are open are Monday, Wednesday, and Friday. It takes three to four days in Delhi court. The parties must provide verification of their Delhi address. In contrast to an Arya Samaj marriage, which takes place on one day, and a court wedding, which takes place after one or two days, the groom, bride, and witnesses must visit twice during the process. Parties ought to be Buddhist, Sikh, Jains, or Hindu.The two witnesses, who must both be at least eighteen years old, may be friends, neighbors, parents, or other family members. No notice is sent on the address of bride or groom.

SAME DAY COURT MARRIAGE

The NCR completes the entire process. For a bride, the age should be 18+ and for a groom, 21+. Parents, friends, neighbors, or other family members may serve as the two witnesses; they must both be at least eighteen years old. Choose any day from Monday to Friday, when there is no public holiday on that day. It takes two to three hours to complete. Buddhists, Sikhs, Jains, or Hindus should make up the parties. Anywhere in India or beyond can serve as the bride and groom's witnesses. Notification or information on the bride and groom's address is not sent. The certificates for Arya Samaj and court weddings are issued on the same day and are unassailable or valid worldwide.

DOCUMENTS REQUIRED FOR SAME DAY COURT MARRIAGE

Passport or Aadhaar card of Parties along with 6-6 passport size photos. Address proof of witnesses (voter ID/ driving license or passport). 2 passport size photos of each witness.The copy of divorce decree/order in case of a divorcee and death certificate of spouse in case of widow/widower.

COURT MARRIAGE WITHOUT CEREMONY

The entire procedure takes forty days. The parties must come twice. The parties apply for marriage on the first day of their visit, and a 30-day notice is then given. Either party must provide verification of their Delhi address. Any religion may be represented among the parties. Three witnesses in total are needed, and they can be friends, neighbors, parents, or other family members. The court wedding will take place on the second appearance if no objection is raised within the allotted thirty days.

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LIST OF DOCUMENT REQUIRED WITHOUT CEREMONY

Parties date of birth (Birth certificate/10th certificate or passport).Address proof (Voter ID / Driving license/passport).5-5 passport size photos.PAN card of all witnesses.Address proof of witnesses (voter ID /Driving license/ passport).All witnesses must be same state.

There are two steps involved in obtaining a court marriage certificate.

1. Under the 1955 Hindu Marriage Act On the same working day that the marriage is solemnized at the Arya Samaj Mandir, the Delhi government-appointed Marriage Registrar registers it under section 8 of the Hindu Marriage Act, 1954, without notifying the spouses' addresses.

DOCUMENTS REQUIRED FOR THE SAME DAY MARRIAGE UNDER HINDU MARRIAGE ACT,1955

Date of the Birth of the Parties (Birth certificate/passport/10th certificate).The age of the Groom should 21+ and for Bride 18+.Address Proof of Parties (voter ID/ driving license/Aadhaar).Ten passport size photos to both Parties.The two witnesses who can be from any side they can be friends, neighbors, relatives or parents (both should be 18+).4 passport size photos of each witness along with PAN Card/voter ID/ Aadhaar.Separate affidavits from parties in which stating the date of birth, marital status at the time of marriage and their nationality.Affirmation in the affidavit that both parties are not blood-related.The copy of divorce decree/order in case of a divorcee and death certificate of spouse in case of widow/widower.In case if one party is a foreigner, a copy of no objection from the concerned embassy is required.

UNDER SPECIAL MARRIAGE ACT, 1954

The special marriage act stipulates that both couples must give thirty days' notice in person, and that the marriage registrar, who is chosen by the Delhi government, must have three witnesses present.

DOCUMENTS REQUIRED UNDER SPECIAL MARRIAGE ACT

Date of the Birth of the Parties (Birth certificate/passport/10th certificate).Address Proof of Parties (voter ID/ driving license/Aadhaar).Separate affidavits from parties in which stating the date of birth, marital status at the time of marriage and their nationality. 4 Passport size photos from both the parties.

The Appointment of the Chief Justice of India: A Constitutional and Judicial Perspective

The process of appointing the Chief Justice of India (CJI) is an integral part of India's judicial system, ensuring both judicial independence and a smooth transition of leadership within the highest court of the land. While the Indian Constitution does not specifically enumerate the procedure for the appointment of the CJI, it outlines the establishment of the Supreme Court of India and designates the position of the Chief Justice under Article 124(1). Over time, judicial precedents have shaped the process, particularly the interpretation of Articles 124(2) and 124(1), and the norms governing the selection of the CJI.

Constitutional Framework and Judicial Precedents

Article 124(1) of the Indian Constitution simply states that there shall be a Supreme Court, and that it shall consist of a Chief Justice and such other judges as the President may deem fit. Article 124(2) further empowers the President to appoint the Chief Justice of India, albeit the method and criteria for this appointment have been influenced by judicial interpretations over the years.

In the landmark Second Judges Case (1993), the Supreme Court clarified that the appointment of the Chief Justice must follow the principle of seniority. This ruling established that the President of India must appoint the senior-most judge of the Supreme Court as the Chief Justice. The Court held that the "seniority principle" serves to maintain the independence and impartiality of the judiciary, preventing political influence in the selection of the highest judicial officer. However, the Constitution does not expressly codify this requirement, leaving it to the judicial interpretations to define the specifics.

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Further refinement came in the Third Judges Case (1998), which resulted in the creation of the "collegium system." The collegium comprises the Chief Justice of India and a group of the next four senior-most judges of the Supreme Court. The Third Judges Case expanded on the Second Judges Case by emphasizing that the Chief Justice of India should consult with a plurality of senior judges before making recommendations regarding judicial appointments and transfers. In this context, the collegium system aims to ensure a collective decision-making process, reducing the risk of bias or undue influence in the selection of judges.

While the Supreme Court has stated that the CJI should generally be the senior-most judge, the President retains the discretion to appoint any judge of the Supreme Court to the position. This means that, in rare instances, the President may bypass the seniority principle, though such a decision has the potential to undermine the traditional norms of judicial independence.

Role of the President and the Prime Minister

Although the President of India holds the constitutional authority to appoint the Chief Justice of India, this decision is made based on the advice of the Union Law Minister, who in turn advises the Prime Minister. The Prime Minister then forwards the recommendation to the President. In practice, however, the appointment of the CJI is guided by the collegium's recommendation, a practice rooted in the Third Judges Case (1998). This system effectively minimizes executive interference in judicial appointments and reinforces the separation of powers between the judiciary and the executive.

Oath of Office and Tenure

Upon appointment, the Chief Justice of India takes an oath of office before the President of India, as per the constitutional requirement. The CJI holds office until the age of 65, or until retirement, whichever occurs first. This age limit ensures that the leadership of the Supreme Court remains dynamic, with the position being filled by the next most senior judge once the incumbent demits office. Should the office of the CJI become vacant due to retirement or other reasons, the President appoints the next senior-most judge of the Supreme Court.

Conclusion

The appointment of the Chief Justice of India is an evolving process, influenced by both constitutional provisions and judicial interpretations. While the principle of seniority remains a cornerstone of the selection process, the collegium system has provided a mechanism for greater transparency and collective decision-making. This system safeguards judicial independence by ensuring that appointments are made without undue influence from the executive. Ultimately, the independence and integrity of the judiciary depend on the consistent application of these norms, ensuring that the Chief Justice of India remains a symbol of impartiality and constitutional stewardship.

Chief Justice Of India 2024: Sanjeev Khanna

 

President Draupadi Murmu administered the oath of the office of the Chief Justice of India (CJI) to Supreme Court judge Justice Sanjiv Khanna on Monday (November 11, 2024) at Rashtrapati Bhavan.

He comes from a distinguished legal family and is the third generation of his family to enter a legal profession. His father, justice Dev Raj Khanna, was a former Delhi High Court judge,and his uncle, HR Khanna was a renowned supreme court judge.

The swearing-in ceremony of the 51st Chief Justice of India at Rashtrapati Bhavan saw Vice-President Jagdeep Dhankhar, Prime Minister Narendra Modi, government Ministers, former Chief Justices of India, sitting and retired judges of the Supreme Court and High Courts in attendance.

At ten in the morning, President Droupadi Murmu gave him the oath of office. He will hold the position of Chief Justice of India for a period of six months.

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The outgoing Chief Justice DY Chandrachud, who retired on November 10 after serving since November 9, 2022, nominated Justice Sanjiv Khanna, the Supreme Court's second-most senior judge, to be Chief Justice. Sanjiv Khanna, who was born on May 14, 1960, started practicing law in 1983 as an advocate for the Delhi Bar Council. He has a wealth of knowledge in the areas of taxation, arbitration, commercial law, environmental law, and constitutional law.

Justice Khanna also served as the Senior Standing Counsel for the Income Tax Department. In 2004, he was appointed Standing Counsel (Civil) for the National Capital Territory of Delhi.

Justice Khanna's noteworthy judicial career began in 2005 when he was appointed as an additional judge of the Delhi High Court and in 2006 when he was made a permanent judge. Justice Khanna had a crucial part in forming the legal system during his time there by making important contributions to the Delhi Judicial Academy, Delhi International Arbitration Center, and District Court Mediation Centers.

Justice Khanna was appointed to the Supreme Court on January 18, 2019, despite never having held the position of Chief Justice of a High Court. 

Arvind Kejriwal, the former chief minister of Delhi, was granted interim bail by Justice Khanna, one of his many historic rulings. Kejriwal was able to campaign for the Lok Sabha elections thanks to this judgment. In yet another significant decision, Justice Khanna emphasized that the Prevention of Money Laundering Act (PMLA) may legitimately issue bail in cases when procedures have been delayed. This ruling was made in a case involving Manish Sisodia, the former deputy chief minister of Delhi.

As chief justice, khanna is widely recognised for his commitment to reducing judicial pendency and accelerating the pace of justice delivery in India.

National Legal Services Day , Celebrating equal access to justice

 Legal Services Day, observed annually on November 9, is a significant occasion in India. This day provides a forum for raising legal awareness and guaranteeing that all citizens, particularly those from underrepresented groups, have access to justice. In order to build a more just society, this day seeks to promote dispute resolution procedures and inform individuals about their legal rights through a variety of initiatives and events. National Legal Services Day inspires people and raises public awareness of the free legal aid that is accessible, which makes it significant beyond merely being celebrated.

On November 9, we commemorate National Legal Services Day, which emphasizes the value of universal access to legal help and justice. It was started by the Supreme Court and promotes legal knowledge, conflict settlement, and equal representation for underrepresented groups in India. It also increases awareness of free legal services, particularly for economically disadvantaged groups.

The date of National Legal Services Day 

Every year, all Legal Services Authorities mark November 9th as "Legal Services Day" in accordance to Chief Justice A.S. Anand's request during the First Annual Meet. The inaugural Annual Meeting of the State Legal Services Authorities (NALSA) took place in New Delhi on September 12, 1998. They decided to streamline and enhance legal assistance programs throughout India during this meeting after reviewing the state of existing programs.

2024's National Legal Services Day: history 

To provide legal assistance to disadvantaged and marginalized people, the Legal Services Authorities Act was established on November 9, 1995. As a result of this landmark legislation, the National Legal Services Authority (NALSA) was created on December 5, 1995. Since then, every year has been National Legal Services Day. The day's major objective is to increase awareness of the free legal aid and alternative dispute resolution processes that are available. Giving free legal aid to those who cannot afford to hire an attorney is the day's goal.

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For what reason is Legal Services Day important?

 The day is important to ensure that everyone is treated fairly. Giving everyone assistance and legal protection, especially to the less fortunate and impoverished members of society, is what the day advocates. The day also aims to increase public awareness of the law and streamline dispute resolution in order to ensure that everyone has access to justice. The National Legal Services Authority plays a crucial role in delivering justice to the marginalized and impoverished through initiatives like Lok Adalats and legal awareness campaigns.

Conclusion, National Legal Services Day reaffirms the dedication to justice and legal assistance for all, especially those who are less fortunate. Legal rights awareness becomes a cornerstone of social equality by ensuring that no one is denied representation by bridging the gap between underprivileged populations and legal resources.

Public Interest Litigation: How To File A PIL In India?

The phrase has gained widespread recognition in the context of current events. There are an end number of PILs being filed. However, are you aware of what a public interest litigation is? How may a PIL be filed? Who is eligible to submit a PIL? Here is everything you need to know about PIL before choosing to start the procedure. Any issue or policy of the government may be bothering you and may have long-term effects on the general public. These problems have the potential to undermine the general welfare and produce intolerable circumstances involving corruption, abuse, and violations of constitutional rights, among other things. PIL is the answer for you if you are a socially aware citizen. Using PIL, a potent legal weapon, you can try to correct the system.

What is the process for initiating a Public Interest Litigation in India? How does one go about filing a PIL?

What is litigation in the public interest?

It has to do with public interest, as the name implies. PILs, according to Wikipedia, are lawsuits filed to protect the public interest and show that socially disadvantaged persons can obtain justice.

Who Is Eligible to File a PIL?

An individual, a group of citizens, or a non-governmental organization may submit a PIL. The offended party need not be the only one who files a PIL. Any citizen may submit a PIL. Only the requirement that it be submitted in the public interest rather than for personal benefit will be enforced. The Honorable Court may even take suo moto cognizance if the issue is really important.

Where Do I File a PIL?

 The writ petition is extended by a PIL. There are two Articles that regulate the filing of a Public Interest Litigation (PIL) in India. One may file a Public Interest Litigation in either the Supreme Court or the High Court. Article 226 of the Constitution allows you to bring a Public Interest Litigation (PIL) before the High Court, while Article 32 allows you to file a PIL before the Supreme Court of India. If you are submitting a Public Interest Litigation (PIL) in the Supreme Court, you must file five copies of the PIL. The respondents will only receive copies of the PIL when the court notifies them of it.

However, you must serve a copy of the PIL to the respondents beforehand and provide two copies when filing a PIL in the High Court.

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How Can a Public Interest Litigation Be Filed?

What is required in order to file a PIL? Which papers are needed in order to submit a PIL?

PIL filing is not as difficult as you may believe. To voice your concerns, you can send a straightforward letter or postcard to the Chief Justice of India or the Chief Justice of the High Court. However, if you can, it is preferable to follow the correct procedure. To file a Public Interest Litigation, you can do the following main actions. Compile all of the relevant facts about the problem.

- Make sure all the documents are compiled.

- Choose the court where you wish to file. 

- Send a PIL to the Chief Justice of the High Court in question in order to file it. 

- It should be addressed to the Chief Justice of India if it is being filed in the Supreme Court. 

- Two copies shall be submitted while filing it in the High Court, and the respondents should also receive a copy beforehand. 

- When the PIL is in the Supreme Court, five copies should be filed, and the respondents won't receive a copy until the court notifies them of it.

- Before filing a PIL, get advice from a qualified and experienced attorney since this can help you avoid wasting time on pointless stuff.

Documents Needed for PIL Filing

 The petitioner must include their name, occupation, yearly income, PAN number, phone number, email address, and postal address.

 - The petitioner's identification must be annexed. 

 - List names and addresses of all aggrieved parties.

 - List names and addresses of respondents or government agencies from which relief is sought by the petitioner.

 - Facts of the issue or case leading to fundamental rights violation

 - Nature of violation or injury

 - Any personal interest she/he/it may have.

 - The petitioner should also clarify about whether they will be able to pay the costs in case the court may impose any.

Can I file a PIL without a lawyer?

You have two options for presenting the case: in person or by hiring a Public Interest attorney. Hiring a lawyer to file a PIL, however, will be a smart move."

What is the required amount of money to file a PIL? 

The cost of filing a PIL is very low. A court fee of Rs 50 for each respondent must be paid by the petitioner and attached to the petition. Nonetheless, the expenses incurred to defend a case differ for each counsel. But be sure this isn't a pointless PIL before filing it. You might be charged by the court for wasting its time if you don't.

You are able to file a PIL

- For violating the fundamental human rights of underprivileged and impoverished individuals. 

- Policies of the government may impact social fairness, cause corruption, or violate    human rights.

- To force municipal officials to carry out their fundamental responsibilities. 

- Religious or fundamental rights violations

PILs cannot be filed for 

- Issues pertaining to services. 

- Issues pertaining to pay, pensions, gratuities, etc. 

- Tenant-landlord issues. complaints against local, state, and federal government agencies that do not involve matters covered by the Supreme Court's standards.

-  Issues concerning enrollment in educational establishments. 

-  Petitions asking the High Court and other courts to hold early hearings.

In conclusion, This is the process for bringing a Public Interest Litigation (PIL), and we hope that the information above answers all of your questions. A PIL should always contain the public interest to address the right issue and should not waste the court's time, thus whomever wishes to start should keep that in mind.