1.
Ministry of Law and Justice (India)
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The ministry is headed by a cabinet rank minister appointed by the President of India on the recommendation of the Prime Minister of India. Ravi Shankar Prasad is the current minister for law and justice in India, Ministry of law and justice is the oldest limb of the government of India dating back to 1833 when the Charter Act 1833 was enacted by the British Parliament when India was under British control. The said Act vested for the first time legislative power in a single authority, by virtue of this authority and the authority vested under him under section 22 of the Indian Councils Act 1861 the Governor General in Council enacted laws for the country from 1834 to 1920. After the commencement of the Government of India Act 1919 the legislative power was exercised by the Indian Legislature constituted thereunder, the Government of India Act 1919 was followed by the Government of India Act 1935. When the Constitution of India came into force on 26 January 1950, the Government of India Rules of 1961 entail the various departments working under the Ministry of Law and Justice of Government of India. In terms of these Rules, the Ministry comprises the departments, Department of Legal Affairs, Legislative Department. The Legislative Department is mainly concerned with drafting of all principal legislation for the Central Government i. e and it is also concerned with election Laws namely the Representation of the People Act 1950 and the Representation of the People Act 1951. In addition it is entrusted with task of dealing with certain matters relating to List III of the Seventh Schedule to the Constitution like personal law. The responsibility of maintaining up to date the statutes enacted by Parliament is also with this Department, Constitution Orders, notifications for bringing into force Constitution Acts. Compilation and publication of unrepealed Central Acts, Ordinances and Regulations of general statutory Rules and Orders, elections to Parliament, to the Legislatures of States, to the Offices of the President and Vice-President, and the Election Commission. Preparation and publication of standard terminology for use, as far as possible. Publication of law books and law journals in Hindi, marriage and divorce, infants and minors, adoption, wills, intestate and succession, joint family and partition. Transfer of property other than agricultural land, contracts, but not including those relating to agricultural land. Trusts and trustees, Administrators, General and Official Trustees, civil Procedure including Limitation and Arbitration. Charitable and religious endowments and religious institutions, appointment, resignation and removal, etc. of Chief Justice and Judges of High Courts in States, their salaries, rights in respect of leave of absence, pensions and travelling allowances. Appointment of Judicial Commissioners and Judicial officers in Union Territories, Constitution and organisation of the Supreme Court and the fees taken therein. Constitution and organisation of the High Courts and the Courts of Judicial Commissioners except provisions as to officers, administration of justice and constitution and organisation of courts in the Union Territories and fees taken in such courts. Court fees and Stamp duties in the Union Territories, creation of all India Judicial Service
2.
Law Commission of India
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Law Commission of India is an executive body established by an order of the Government of India. Its major function is to work for legal reform and its membership primarily comprises legal experts, who are entrusted a mande by the Government. After that, three more Commissions were established in pre-independent India, the first Law Commission of independent India was established in 1955 for a three-year term. Since then, nineteen more Commissions have been established, the 20th Law Commission was established in 2013 under the Chairmanship of Supreme Court Judge, D. K Jain. Its tenure was fixed till 2015, the present Law Commission was established in 2015, and has tenure to 2018. The terms of reference of the Law Commission include the review and repeal of laws, the examination of existing laws. This post was lying vacant since September 2015, 66-year old Justice Chauhan is currently heading the Cauvery River Water Disputes Tribunal. One of the key issues pending before the Law Commission is a call on amending the Indian Penal Code amid allegations of abuse and this was considered as a major stumbling block for proper administration by the British Government during the times which is now known as the British Raj. In order to improve the law and order situation and also to ensure uniformity of legal administration, the First Law Commission was established in 1834 by the British Government under the Chairmanship of Lord Macaulay. It suggested various enactments to the British Government, most of which were passed and enacted and are still in force in India, few of the most important recommendations made by this First Law Commission were those on, Indian Penal Code, Criminal Procedure Code, etc. Thereafter three more Law Commissions were established which made a number of other recommendations the Indian Evidence Act and Indian Contract Act, the first law commission in Independent India was established in 1955 and since then twenty more law commissions have been established. Each of these Commissions have been chaired by a prominent legal personality in India and has made a significant contribution to the diaspora of India. The contribution of each of these Commissions has been enumerated below, the first Law Commission of independent India was established in 1955. The Chairman of this Commission was Mr. M. C, setalvad, who was also the First Attorney General of India. The term of this Commission was established as three years and this Commission submitted its last report on 16 September 1958. The reports submitted by the First Law Commission of India are as under and it stayed in office till 1961. It presented the reports, The Third Law Commission was established in 1961 under the Chairmanship of Justice J. L. Kapur. It stayed in office till 1964 and it presented the following reports, The Fourth Law Commission was established in 1964 and was again under the Chairmanship of Justice J. L. Kapur
3.
Supreme Court of India
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The Supreme Court of India is the highest judicial forum and final court of appeal under the Constitution of India, the highest constitutional court, with the power of constitutional review. Consisting of the Chief Justice of India and 30 other judges, it has extensive powers in the form of original, appellate and advisory jurisdictions. As the final court of appeal of the country, it takes up appeals primarily against verdicts of the High Courts of various states of the Union and other courts and it safeguards fundamental rights of citizens and settles disputes between various governments in the country. As an advisory court, it matters which may specifically be referred to it under the Constitution by the President of India. It also may take cognisance of matters on its own, without anyone drawing its attention to them, the law declared by the Supreme Court becomes binding on all courts within India. These new High Courts had the distinction of being the highest Courts for all cases till the creation of Federal Court of India under the Government of India Act 1935. The Federal Court had jurisdiction to solve disputes between provinces and federal states and hear appeal against judgements of the High Courts, the Supreme Court of India came into being on 28 January 1950. It replaced both the Federal Court of India and the Judicial Committee of the Privy Council which were then at the apex of the Indian court system. Supreme Court initially had its seat at Chamber of Princes in the Parliament building where the previous Federal Court of India sat from 1937 to 1950, the first Chief Justice of India was Sir H J Kania. In 1958, the Supreme Court moved to its present premises, originally, Constitution of India envisaged a Supreme Court with a Chief Justice and seven Judges, leaving it to Parliament to increase this number. In formative years, the Supreme Court met from 10 to 12 in the morning, the Right Wing of the structure has the bar - room, the offices of the Attorney General of India and other law officers and the library of the court. The Left Wing has the offices of the court, in all there are 15 court rooms in the various wings of the building. The foundation stone of the courts building was laid on 29 October 1954 by Rajendra Prasad. The Court moved into the building in 1958, in 1979, two new wings - the East Wing and the West Wing - were added to the complex. On 20 February 1980, a bronze sculpture of 210 centimeter height was installed in lawn of the Supreme Court. On the book, a balance is shown, which represents dispensation of justice to all. The sculpture was made by the renowned artist Chintamoni Kar The design of the Courts seal is reproduced from the wheel that appears on the abacus of the Sarnath Lion capital of Asoka with 24 spokes, the inscription in Sanskrit yatodharmastato jayah means whence law, thence victory. It is also referred to - as the wheel of righteousness, encompassing truth, goodness, Supreme Court Rules,2013 entitle only those advocates who are registered with the supreme court, called Advocates-on-Record to appear, act and plead for a party in the court
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Chief Justice of India
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The Chief Justice of India is the head of the judiciary of India and the Supreme Court of India. The CJI also heads their administrative functions, as head of the supreme court, the chief justice is responsible for the allocation of cases and appointment of constitutional benches which deal with important matters of law. It has been a convention for decades now, to appoint the senior-most judge of the supreme court as the CJI. The present CJI is Justice Jagdish Singh Khehar and is the 44th CJI since January 1950, the year the constitution came into effect and the supreme court came into being. He succeeded Justice T. S. Thakur on 4 January 2017 and will remain in office till 28 August 2017, article 124 of the Constitution of India provides for the manner of appointing judges to the Supreme Court. However, this convention has been breached on a few occasions, ray appointed as CJI, superseding three judges senior to him allegedly because he had favoured her government, and when Justice H. R. The Oath of Office is presided by the President, article 124 of Constitution of India lays down the procedure for removal of a Judge of Supreme Court which is applicable to Chief Justice as well. Once appointed, the Chief Justice remains in office until the age of 65 years, when President Zakir Hussain died in office, the Vice President V. V. Giri, acted as the President. Later, Mr. Giri resigned as the Vice President, the CJI, Justice Mohammad Hidayatullah then became the acting President of India. The senior-most judge of the Supreme Court became the acting CJI, accordingly, such provisions have been laid down in The Supreme Court Judges Act,1958. This remuneration was revised in 2006-2008, after the sixth central pay commissions recommendation, list of Chief Justices of India Official website of Supreme Court of India Photo Gallery of Former Chief Justices of India
5.
Bar Council of India
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The Bar Council of India is a statutory body established under the section 4 of advocates Act 1961 that regulates the legal practice and legal education in India. Its members are elected from amongst the lawyers in India and as such represents the Indian bar and it prescribes standards of professional conduct, etiquettes and exercises disciplinary jurisdiction over the bar. It also sets standards for education and grants recognition to Universities whose degree in law will serve as a qualification for students to enroll themselves as advocates upon graduation. In March 1953, the All India Bar Committee, headed by S. R. Das, submitted a report proposed the creation of a bar council for each state. It was suggested that the all India bar council should regulate the legal profession, the Law Commission of India was assigned the job of assembling a report on judicial administration reforms. In 1961, the Advocates Act was introduced to implement the recommendations made by the All India Bar Committee, setalvad and C. K. Daphtary were the first chairman and vice chairman respectively. In 1963, C. K. Daphtary became the Chairman, Section 7 of the Advocates Act,1961 lays down the Bar Council’s regulatory and representative mandate. The functions of the Bar Council are to, Lay down standards of professional conduct, determine universities whose degree in law shall be a qualification for enrollment as an advocate. Conduct seminars on legal topics by eminent jurists and publish journals, organise and provide legal aid to the poor. Recognise foreign qualifications in law obtained outside India for admission as an advocate, manage and invest funds of the Bar Council. Provide for the election of its members who run the Bar Councils. Organise and provide aid to the scheduled cast. The members from the state bar councils are elected for a period of five years, the council elects its own Chairman and Vice-Chairman for a period of two years from amongst its members. Assisted by the committees of the Council, the chairman acts as the chief executive. Manan Kumar Mishra is the present Chairman and he was preceded by Biri Singh Sinsinewar, who was in turn preceded by the current Chairman, Manan Kumar Mishra. Eligible persons having a law degree are admitted as advocates on the rolls of the state bar Councils. The Advocates Act,1961 empowers state bar councils to frame their own rules regarding enrollment of advocates, the Council’s enrollment committee may scrutinise a candidate’s application. Those admitted as advocates by any state bar council are eligible to take the All India Bar Examination which is conducted by the Bar Council of India
6.
Constitution of India
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The Constitution of India is the supreme law of India. It is the longest written constitution of any country in the world. The nation is governed by it, B. R. Ambedkar is regarded as its chief architect. It was adopted by the Constituent Assembly on 26 November 1949, with its adoption, the Union of India became the modern and contemporary Republic of India replacing the Government of India Act,1935 as the countrys fundamental governing document. To ensure constitutional autochthony, the framers of the repealed the prior Acts of the British Parliament via Article 395 of the constitution. India celebrates its coming into force on 26 January each year and it declares India a sovereign, socialist, secular, democratic republic, assuring its citizens of justice, equality, and liberty, and endeavours to promote fraternity among them. The major portion of the Indian subcontinent was under British rule from 1857 to 1947, when the Constitution of India came into force on 26 January 1950, it repealed the Indian Independence Act. India ceased to be a dominion of the British Crown and became a democratic republic. The date of 26 January was chosen to commemorate the Purna Swaraj declaration of independence of 1930. Articles 5,6,7,8,9,60,324,366,367,379,380,388,391,392,393 and 394 of the Constitution came into force on 26 November 1949 and it is drawn from many sources. Keeping in mind the needs and conditions of India its framers borrowed different features freely from previous legislation viz and it was drafted by the Constituent Assembly, which was elected by elected members of the provincial assemblies. The 389 member Constituent Assembly took almost three years to complete its task of drafting the Constitution for independent India, during which. Of these,114 days were spent on the consideration of the draft Constitution, on 29 August 1947, the Constituent Assembly set up a Drafting Committee under the Chairmanship of Dr. B. R. Ambedkar to prepare a draft Constitution for India, while deliberating upon the draft Constitution, the assembly moved, discussed and disposed of as many as 2,473 amendments out of a total of 7,635 tabled. Ambedkar, Sanjay Phakey, Jawaharlal Nehru, C, there were more than 30 members of the scheduled classes. Frank Anthony represented the Anglo-Indian community, and the Parsis were represented by H. P. Modi, the Chairman of the Minorities Committee was Harendra Coomar Mookerjee, a distinguished Christian who represented all Christians other than Anglo-Indians. Ari Bahadur Gurung represented the Gorkha Community, prominent jurists like Alladi Krishnaswamy Iyer, Benegal Narsing Rau and K. M. Munshi, Ganesh Mavlankar were also members of the Assembly. Sarojini Naidu, Hansa Mehta, Durgabai Deshmukh, Rajkumari Amrit Kaur, the first temporary 2-day president of the Constituent Assembly was Dr Sachchidananda Sinha
7.
Law
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Law is a system of rules that are created and enforced through social or governmental institutions to regulate behavior. Law as a system helps regulate and ensure that a community show respect, private individuals can create legally binding contracts, including arbitration agreements that may elect to accept alternative arbitration to the normal court process. The formation of laws themselves may be influenced by a constitution, written or tacit, the law shapes politics, economics, history and society in various ways and serves as a mediator of relations between people. Islamic Sharia law is the worlds most widely used religious law, the adjudication of the law is generally divided into two main areas referred to as Criminal law and Civil law. Criminal law deals with conduct that is considered harmful to social order, Civil law deals with the resolution of lawsuits between individuals or organizations. Law provides a source of scholarly inquiry into legal history, philosophy, economic analysis. Law also raises important and complex issues concerning equality, fairness, there is an old saying that all are equal before the law, although Jonathan Swift argued that Laws are like cobwebs, which may catch small flies, but let wasps and hornets break through. In 1894, the author Anatole France said sarcastically, In its majestic equality, the law forbids rich and poor alike to sleep under bridges, beg in the streets, and steal loaves of bread. Writing in 350 BC, the Greek philosopher Aristotle declared, The rule of law is better than the rule of any individual, mikhail Bakunin said, All law has for its object to confirm and exalt into a system the exploitation of the workers by a ruling class. Cicero said more law, less justice, marxist doctrine asserts that law will not be required once the state has withered away. Regardless of ones view of the law, it today a completely central institution. Numerous definitions of law have been put forward over the centuries, at the same time, it plays only one part in the congeries of rules which influence behavior, for social and moral rules of a less institutionalized kind are also of great importance. There have been attempts to produce a universally acceptable definition of law. In 1972, one indicated that no such definition could be produced. McCoubrey and White said that the question what is law, glanville Williams said that the meaning of the word law depends on the context in which that word is used. He said that, for example, early customary law and municipal law were contexts where the law had two different and irreconcilable meanings. Thurman Arnold said that it is obvious that it is impossible to define the word law and it is possible to take the view that there is no need to define the word law. The history of law links closely to the development of civilization, Ancient Egyptian law, dating as far back as 3000 BC, contained a civil code that was probably broken into twelve books
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India
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India, officially the Republic of India, is a country in South Asia. It is the seventh-largest country by area, the second-most populous country, and it is bounded by the Indian Ocean on the south, the Arabian Sea on the southwest, and the Bay of Bengal on the southeast. It shares land borders with Pakistan to the west, China, Nepal, and Bhutan to the northeast, in the Indian Ocean, India is in the vicinity of Sri Lanka and the Maldives. Indias Andaman and Nicobar Islands share a border with Thailand. The Indian subcontinent was home to the urban Indus Valley Civilisation of the 3rd millennium BCE, in the following millennium, the oldest scriptures associated with Hinduism began to be composed. Social stratification, based on caste, emerged in the first millennium BCE, early political consolidations took place under the Maurya and Gupta empires, the later peninsular Middle Kingdoms influenced cultures as far as southeast Asia. In the medieval era, Judaism, Zoroastrianism, Christianity, and Islam arrived, much of the north fell to the Delhi sultanate, the south was united under the Vijayanagara Empire. The economy expanded in the 17th century in the Mughal empire, in the mid-18th century, the subcontinent came under British East India Company rule, and in the mid-19th under British crown rule. A nationalist movement emerged in the late 19th century, which later, under Mahatma Gandhi, was noted for nonviolent resistance, in 2015, the Indian economy was the worlds seventh largest by nominal GDP and third largest by purchasing power parity. Following market-based economic reforms in 1991, India became one of the major economies and is considered a newly industrialised country. However, it continues to face the challenges of poverty, corruption, malnutrition, a nuclear weapons state and regional power, it has the third largest standing army in the world and ranks sixth in military expenditure among nations. India is a constitutional republic governed under a parliamentary system. It is a pluralistic, multilingual and multi-ethnic society and is home to a diversity of wildlife in a variety of protected habitats. The name India is derived from Indus, which originates from the Old Persian word Hindu, the latter term stems from the Sanskrit word Sindhu, which was the historical local appellation for the Indus River. The ancient Greeks referred to the Indians as Indoi, which translates as The people of the Indus, the geographical term Bharat, which is recognised by the Constitution of India as an official name for the country, is used by many Indian languages in its variations. Scholars believe it to be named after the Vedic tribe of Bharatas in the second millennium B. C. E and it is also traditionally associated with the rule of the legendary emperor Bharata. Gaṇarājya is the Sanskrit/Hindi term for republic dating back to the ancient times, hindustan is a Persian name for India dating back to the 3rd century B. C. E. It was introduced into India by the Mughals and widely used since then and its meaning varied, referring to a region that encompassed northern India and Pakistan or India in its entirety
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Common law
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Common law is the body of law developed from the thirteenth century to the present day, as case law or precedent, by judges, courts, and tribunals. In cases where the parties disagree on what the law is, if a similar dispute has been resolved in the past, the court is usually bound to follow the reasoning used in the prior decision. Resolution of the issue in one case becomes precedent that binds future courts, stare decisis, the principle that cases should be decided according to consistent principled rules so that similar facts will yield similar results, lies at the heart of all common law systems. A common law system is a system that gives great precedential weight to common law. Common law systems originated during the Middle Ages in England, today, one third of the worlds population live in common law jurisdictions or in systems mixed with civil law. The term common law has many connotations, the first three set out here are the most-common usages within the legal community. Other connotations from past centuries are seen, and are sometimes heard in everyday speech. Blacks Law Dictionary, 10th Ed. gives as definition 1,1, the body of law derived from judicial decisions, rather than from statutes or constitutions, CASELAW, STATUTORY LAW. In this connotation, common law distinguishes the authority that promulgated a law. e, examples include most criminal law and procedural law before the 20th century, and even today, most contract law and the law of torts. Interstitial common law decisions that analyze, interpret and determine the fine boundaries. Publication of decisions, and indexing, is essential to the development of common law, while all decisions in common law jurisdictions are precedent, some become leading cases or landmark decisions that are cited especially often. Blacks 10th Ed. definition 2, differentiates common law jurisdictions, by contrast, in civil law jurisdictions, courts lack authority to act if there is no statute. Judicial precedent is given less weight, which means that a judge deciding a given case has more freedom to interpret the text of a statute independently. For example, the Napoleonic code expressly forbade French judges to pronounce general principles of law. As a rule of thumb, common law systems trace their history to England, blacks 10th Ed. definition 4, differentiates common law from equity. This split propagated to many of the colonies, including the United States, for most purposes, most jurisdictions, including the U. S. federal system and most states, have merged the two courts. Additionally, even before the courts were merged, most courts were permitted to apply both law and equity, though under potentially different procedural law. In the United States, determining whether the Seventh Amendments right to a jury trial applies or whether the issue will be decided by a judge, the standard of review and degree of deference given by an appellate tribunal to the decision of the lower tribunal under review
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United Nations
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The United Nations is an intergovernmental organization to promote international co-operation. A replacement for the ineffective League of Nations, the organization was established on 24 October 1945 after World War II in order to prevent another such conflict, at its founding, the UN had 51 member states, there are now 193. The headquarters of the UN is in Manhattan, New York City, further main offices are situated in Geneva, Nairobi, and Vienna. The organization is financed by assessed and voluntary contributions from its member states, the UNs mission to preserve world peace was complicated in its early decades by the Cold War between the US and Soviet Union and their respective allies. The organization participated in actions in Korea and the Congo. After the end of the Cold War, the UN took on major military, the UN has six principal organs, the General Assembly, the Security Council, the Economic and Social Council, the Secretariat, the International Court of Justice, and the UN Trusteeship Council. UN System agencies include the World Bank Group, the World Health Organization, the World Food Programme, UNESCO, the UNs most prominent officer is the Secretary-General, an office held by Portuguese António Guterres since 2017. Non-governmental organizations may be granted consultative status with ECOSOC and other agencies to participate in the UNs work, the organization won the Nobel Peace Prize in 2001, and a number of its officers and agencies have also been awarded the prize. Other evaluations of the UNs effectiveness have been mixed, some commentators believe the organization to be an important force for peace and human development, while others have called the organization ineffective, corrupt, or biased. Following the catastrophic loss of life in the First World War, the earliest concrete plan for a new world organization began under the aegis of the US State Department in 1939. It incorporated Soviet suggestions, but left no role for France, four Policemen was coined to refer to four major Allied countries, United States, United Kingdom, Soviet Union, and China, which emerged in the Declaration by United Nations. Roosevelt first coined the term United Nations to describe the Allied countries, the term United Nations was first officially used when 26 governments signed this Declaration. One major change from the Atlantic Charter was the addition of a provision for religious freedom, by 1 March 1945,21 additional states had signed. Each Government pledges itself to cooperate with the Governments signatory hereto, the foregoing declaration may be adhered to by other nations which are, or which may be, rendering material assistance and contributions in the struggle for victory over Hitlerism. During the war, the United Nations became the term for the Allies. To join, countries had to sign the Declaration and declare war on the Axis, at the later meetings, Lord Halifax deputized for Mr. Eden, Wellington Koo for T. V. Soong, and Mr Gromyko for Mr. Molotov. The first meetings of the General Assembly, with 51 nations represented, the General Assembly selected New York City as the site for the headquarters of the UN, and the facility was completed in 1952. Its site—like UN headquarters buildings in Geneva, Vienna, and Nairobi—is designated as international territory, the Norwegian Foreign Minister, Trygve Lie, was elected as the first UN Secretary-General
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Environmental law
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The core environmental law regimes address environmental pollution. Other areas, such as environmental impact assessment, may not fit neatly into either category, early examples of legal enactments designed to consciously preserve the environment, for its own sake or human enjoyment, are found throughout history. In the common law, the protection was found in the law of nuisance. Thus smells emanating from pig stys, strict liability against dumping rubbish, private enforcement, however, was limited and found to be woefully inadequate to deal with major environmental threats, particularly threats to common resources. During the Great Stink of 1858, the dumping of sewerage into the River Thames began to smell so ghastly in the heat that Parliament had to be evacuated. In 19 days, Parliament passed a further Act to build the London sewerage system, London also suffered from terrible air pollution, and this culminated in the Great Smog of 1952, which in turn triggered its on legislative response, the Clean Air Act 1956. The basic regulatory structure was to set limits on emissions for households, notwithstanding early analogues, the concept of environmental law as a separate and distinct body of law is a twentieth-century development. Air quality laws govern the emission of air pollutants into the atmosphere, a specialized subset of air quality laws regulate the quality of air inside buildings. Air quality laws are designed specifically to protect human health by limiting or eliminating airborne pollutant concentrations. Regulatory efforts include identifying and categorizing air pollutants, setting limits on acceptable emissions levels, Water quality laws govern the release of pollutants into water resources, including surface water, ground water, and stored drinking water. Some water quality laws, such as drinking water regulations, may be designed solely with reference to human health, regulatory areas include sewage treatment and disposal, industrial and agricultural waste water management, and control of surface runoff from construction sites and urban environments. Waste management laws govern the transport, treatment, storage, and disposal of all manner of waste, including solid waste, hazardous waste. Regulatory efforts include identifying and categorizing waste types and mandating transport, treatment, storage, Environmental cleanup laws govern the removal of pollution or contaminants from environmental media such as soil, sediment, surface water, or ground water. Chemical safety laws govern the use of chemicals in human activities, as contrasted with media-oriented environmental laws, chemical control laws seek to manage the pollutants themselves. Regulatory efforts include banning specific chemical constituents in consumer products, Environmental impact assessment is the assessment of the environmental consequences of a plan, policy, program, or concrete projects prior to the decision to move forward with the proposed action. Environmental assessments may be governed by rules of administrative procedure regarding public participation and documentation of decision making, Water resources laws govern the ownership and use of water resources, including surface water and ground water. Regulatory areas may include water conservation, use restrictions, and ownership regimes, mineral resource laws cover several basic topics, including the ownership of the mineral resource and who can work them. Mining is also affected by regulations regarding the health and safety of miners
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Intellectual property
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Intellectual property refers to creations of the intellect for which a monopoly is assigned to designated owners by law. Intellectual property rights are the protections granted to the creators of IP, and include trademarks, copyright, patents, industrial design rights, and in some jurisdictions trade secrets. Artistic works including music and literature, as well as discoveries, inventions, words, phrases, symbols, the Statute of Monopolies and the British Statute of Anne are seen as the origins of patent law and copyright respectively, firmly establishing the concept of intellectual property. The first known use of the intellectual property dates to 1769. The first clear example of modern usage goes back as early as 1808, the German equivalent was used with the founding of the North German Confederation whose constitution granted legislative power over the protection of intellectual property to the confederation. According to Lemley, it was only at point that the term really began to be used in the United States. The history of patents does not begin with inventions, but rather with royal grants by Queen Elizabeth I for monopoly privileges, the evolution of patents from royal prerogative to common-law doctrine. The term can be used in an October 1845 Massachusetts Circuit Court ruling in the patent case Davoll et al. v. Brown. The statement that discoveries are. property goes back earlier, in Europe, French author A. Nion mentioned propriété intellectuelle in his Droits civils des auteurs, artistes et inventeurs, published in 1846. Until recently, the purpose of property law was to give as little protection as possible in order to encourage innovation. Historically, therefore, they were granted only when they were necessary to encourage invention, limited in time, the concepts origins can potentially be traced back further. In 500 BCE, the government of the Greek state of Sybaris offered one years patent to all who should discover any new refinement in luxury. Intellectual property rights include patents, copyright, industrial design rights, trademarks, plant variety rights, trade dress, geographical indications, a copyright gives the creator of an original work exclusive rights to it, usually for a limited time. Copyright may apply to a range of creative, intellectual, or artistic forms. Copyright does not cover ideas and information themselves, only the form or manner in which they are expressed, an industrial design right protects the visual design of objects that are not purely utilitarian. An industrial design consists of the creation of a shape, configuration or composition of pattern or color, or combination of pattern, an industrial design can be a two- or three-dimensional pattern used to produce a product, industrial commodity or handicraft. Plant breeders rights or plant variety rights are the rights to use a new variety of a plant. The variety must amongst others be novel and distinct and for registration the evaluation of propagating material of the variety is examined, a trademark is a recognizable sign, design or expression which distinguishes products or services of a particular trader from the similar products or services of other traders
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Hindu
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Hindu refers to any person who regards themselves as culturally, ethnically, or religiously adhering to aspects of Hinduism. It has historically used as a geographical, cultural, or religious identifier for people indigenous to South Asia. The historical meaning of the term Hindu has evolved with time, by the 16th century, the term began to refer to residents of India who were not Turks or Muslims. The historical development of Hindu self-identity within the Indian population, in a religious or cultural sense, is unclear, competing theories state that Hindu identity developed in the British colonial era, or that it developed post-8th century CE after the Islamic invasion and medieval Hindu-Muslim wars. A sense of Hindu identity and the term Hindu appears in texts dated between the 13th and 18th century in Sanskrit and regional languages. The 14th- and 18th-century Indian poets such as Vidyapati, Kabir and Eknath used the phrase Hindu dharma, the Christian friar Sebastiao Manrique used the term Hindu in religious context in 1649. In the 18th century, the European merchants and colonists began to refer to the followers of Indian religions collectively as Hindus, in contrast to Mohamedans for Mughals, scholars state that the custom of distinguishing between Hindus, Buddhists, Jains and Sikhs is a modern phenomenon. Hindoo is a spelling variant, whose use today may be considered derogatory. At more than 1.03 billion, Hindus are the third largest group after Christians. The vast majority of Hindus, approximately 966 million, live in India, according to Indias 2011 census. After India, the next 9 countries with the largest Hindu populations are, in decreasing order, Nepal, Bangladesh, Indonesia, Pakistan, Sri Lanka, United States, Malaysia, United Kingdom and Myanmar. These together accounted for 99% of the worlds Hindu population, the word Hindu is derived from the Indo-Aryan and Sanskrit word Sindhu, which means a large body of water, covering river, ocean. It was used as the name of the Indus river and also referred to its tributaries, the Punjab region, called Sapta Sindhava in the Vedas, is called Hapta Hindu in Zend Avesta. The 6th-century BCE inscription of Darius I mentions the province of Hidush, the people of India were referred to as Hinduvān and hindavī was used as the adjective for Indian in the 8th century text Chachnama. The term Hindu in these ancient records is an ethno-geographical term, the Arabic equivalent Al-Hind likewise referred to the country of India. Among the earliest known records of Hindu with connotations of religion may be in the 7th-century CE Chinese text Record of the Western Regions by the Buddhist scholar Xuanzang, Xuanzang uses the transliterated term In-tu whose connotation overflows in the religious according to Arvind Sharma. The Hindu community occurs as the amorphous Other of the Muslim community in the court chronicles, wilfred Cantwell Smith notes that Hindu retained its geographical reference initially, Indian, indigenous, local, virtually native. Slowly, the Indian groups themselves started using the term, differentiating themselves, the poet Vidyapatis poem Kirtilata contrasts the cultures of Hindus and Turks in a city and concludes The Hindus and the Turks live close together, Each makes fun of the others religion
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Muslim
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A Muslim is someone who follows or practices Islam, a monotheistic Abrahamic religion. Muslims consider the Quran, their book, to be the verbatim word of God as revealed to the Islamic prophet. They also follow the teachings and practices of Muhammad as recorded in traditional accounts, Muslim is an Arabic word meaning one who submits. Most Muslims will accept anyone who has publicly pronounced Shahadah as a Muslim, the shahadah states, There is no god but the God and Muhammad is the last messenger of the God. The testimony authorized by God in the Quran that can found in Surah 3,18 states, There is no god except God, which in Arabic, is the exact testimony which God Himself utters, as well as the angels and those who possess knowledge utter. The word muslim is the active participle of the verb of which islām is a verbal noun, based on the triliteral S-L-M to be whole. A female adherent is a muslima, the plural form in Arabic is muslimūn or muslimīn, and its feminine equivalent is muslimāt. The Arabic form muslimun is the stem IV participle of the triliteral S-L-M, the ordinary word in English is Muslim. It is sometimes transliterated as Moslem, which is an older spelling, the word Mosalman is a common equivalent for Muslim used in Central Asia. Until at least the mid-1960s, many English-language writers used the term Mohammedans or Mahometans, although such terms were not necessarily intended to be pejorative, Muslims argue that the terms are offensive because they allegedly imply that Muslims worship Muhammad rather than God. Other obsolete terms include Muslimite and Muslimist, musulmán/Mosalmán is a synonym for Muslim and is modified from Arabic. In English it was sometimes spelled Mussulman and has become archaic in usage, the Muslim philosopher Ibn Arabi said, A Muslim is a person who has dedicated his worship exclusively to God. Islam means making ones religion and faith Gods alone. The Quran states that men were Muslims because they submitted to God, preached His message and upheld His values. Thus, in Surah 3,52 of the Quran, Jesus disciples tell him, We believe in God, and you be our witness that we are Muslims. In Muslim belief, before the Quran, God had given the Tawrat to Moses, the Zabur to David and the Injil to Jesus, who are all considered important Muslim prophets. The most populous Muslim-majority country is Indonesia, home to 12. 7% of the worlds Muslims, followed by Pakistan, Bangladesh, and Egypt. About 20% of the worlds Muslims lives in the Middle East and North Africa, Sizable minorities are found in India, China, Russia, Ethiopia. The country with the highest proportion of self-described Muslims as a proportion of its population is Morocco
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Christian
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A Christian is a person who follows or adheres to Christianity, an Abrahamic, monotheistic religion based on the life and teachings of Jesus Christ. Christian derives from the Koine Greek word Christós, a translation of the Biblical Hebrew term mashiach, while there are diverse interpretations of Christianity which sometimes conflict, they are united in believing that Jesus has a unique significance. The term Christian is also used as an adjective to describe anything associated with Christianity, or in a sense all that is noble, and good. According to a 2011 Pew Research Center survey, there were 2.2 billion Christians around the world in 2010, by 2050, the Christian population is expected to exceed 3 billion. According to a 2012 Pew Research Center survey Christianity will remain the worlds largest religion in 2050, about half of all Christians worldwide are Catholic, while more than a third are Protestant. Orthodox communions comprise 12% of the worlds Christians, other Christian groups make up the remainder. Christians make up the majority of the population in 158 countries and territories,280 million Christian live as a minority. In the Greek Septuagint, christos was used to translate the Hebrew מָשִׁיחַ, in other European languages, equivalent words to Christian are likewise derived from the Greek, such as Chrétien in French and Cristiano in Spanish. The second mention of the term follows in Acts 26,28, where Herod Agrippa II replied to Paul the Apostle, Then Agrippa said unto Paul, Almost thou persuadest me to be a Christian. The third and final New Testament reference to the term is in 1 Peter 4,16, which believers, Yet if as a Christian, let him not be ashamed. The city of Antioch, where someone gave them the name Christians, had a reputation for coming up with such nicknames, in the Annals he relates that by vulgar appellation commonly called Christians and identifies Christians as Neros scapegoats for the Great Fire of Rome. Another term for Christians which appears in the New Testament is Nazarenes which is used by the Jewish lawyer Tertullus in Acts 24, the Hebrew equivalent of Nazarenes, Notzrim, occurs in the Babylonian Talmud, and is still the modern Israeli Hebrew term for Christian. A wide range of beliefs and practices is found across the world among those who call themselves Christian, denominations and sects disagree on a common definition of Christianity. Most Baptists and fundamentalists, for example, would not acknowledge Mormonism or Christian Science as Christian, in fact, the nearly 77 percent of Americans who self-identify as Christian are a diverse pluribus of Christianities that are far from any collective unity. The identification of Jesus as the Messiah is not accepted by Judaism, the term for a Christian in Hebrew is נוּצְרי, a Talmudic term originally derived from the fact that Jesus came from the Galilean village of Nazareth, today in northern Israel. Adherents of Messianic Judaism are referred to in modern Hebrew as יְהוּדִים מָשִׁיחַיים, the term Nasara rose to prominence in July 2014, after the Fall of Mosul to the terrorist organization Islamic State of Iraq and the Levant. The nun or ن— the first letter of Nasara—was spray-painted on the property of Christians ejected from the city, where there is a distinction, Nasrani refers to people from a Christian culture and Masihi is used by Christians themselves for those with a religious faith in Jesus. In some countries Nasrani tends to be used generically for non-Muslim Western foreigners, another Arabic word sometimes used for Christians, particularly in a political context, is Ṣalībī from ṣalīb which refers to Crusaders and has negative connotations
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Goa
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Goa /ˈɡoʊ. ə/ is a state in India within the coastal region known as the Konkan in western India. It is bounded by Maharashtra to the north and Karnataka to the east and it is Indias smallest state by area and the fourth smallest by population. Goa is Indias richest state, with a GDP per capita two and a half times that of the country, Panaji is the states capital, while Vasco da Gama is its largest city. The historic city of Margao still exhibits the influence of the Portuguese. Goa is a former Portuguese province, the Portuguese overseas territory of Portuguese India existed for about 450 years until it was annexed by India in 1961. Goa is visited by large numbers of international and domestic tourists each year for its beaches, places of worship and it has rich flora and fauna, owing to its location on the Western Ghats range, a biodiversity hotspot. In ancient literature, Goa was known by names, such as Gomanchala, Gopakapattana, Gopakapattam, Gopakapuri, Govapuri, Govem. In the 3rd century BC, Goa was known as Aparantha and is mentioned by the Greek geographer Ptolemy, in the 13th century, the Greeks referred to Goa as Nelkinda. Other historical names for Goa are Sindapur, Sandabur, and Mahassapatam, Goas history goes back 20, 000–30,000 years. The rock art engravings exhibit the earliest traces of life in India. Upper Paleolithic or Mesolithic rock art engravings have been found on the bank of the river Kushavati at Usgalimal. Petroglyphs, cones, stone-axe, and choppers dating to 10,000 years ago have been found in places in Goa, such as Kazur, Mauxim. Evidence of Palaeolithic life is seen at Dabolim, Adkon, Shigao, Fatorpa, Arli, Maulinguinim, Diwar, Sanguem, Pilerne, difficulty in carbon dating the laterite rock compounds poses a problem for determining the exact time period. Early Goan society underwent radical change when Indo-Aryan and Dravidian migrants amalgamated with the aboriginal locals, in the 3rd century BC, Goa was part of the Maurya Empire, ruled by the Buddhist emperor, Ashoka of Magadha. Buddhist monks laid the foundation of Buddhism in Goa, between the 2nd century BC and the 6th century AD, Goa was ruled by the Bhojas of Goa. The rule later passed to the Chalukyas of Badami, who controlled it between 578 and 753, and later the Rashtrakutas of Malkhed from 753 to 963, from 765 to 1015, the Southern Silharas of Konkan ruled Goa as the feudatories of the Chalukyas and the Rashtrakutas. Over the next few centuries, Goa was successively ruled by the Kadambas as the feudatories of the Chalukyas of Kalyani, in 1312, Goa came under the governance of the Delhi Sultanate. The kingdoms grip on the region was weak, and by 1370 it was forced to surrender it to Harihara I of the Vijayanagara empire, the Vijayanagara monarchs held on to the territory until 1469, when it was appropriated by the Bahmani sultans of Gulbarga
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Uniform civil code
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Uniform civil code is the proposal to replace the personal laws based on the scriptures and customs of each major religious community in India with a common set governing every citizen. Article 44 of the Directive Principles sets its implementation as duty of the State, apart from being an important issue regarding secularism in India, it became one of the most controversial topics in contemporary politics during the Shah Bano case in 1985. The Bano case made it a public issue focused on identity politics—by means of attacking specific religious minorities versus protecting its cultural identity. In contemporary politics, the Bharatiya Janta Party and the Left support it while the Congress Party, Personal laws are distinguished from public law and cover marriage, divorce, inheritance, adoption and maintenance. Goa has a family law, thus being the only Indian state to have a uniform civil code. The Special Marriage Act,1954 permits any citizen to have a marriage outside the realm of any specific religious personal law. Personal laws were first framed during the British Raj, mainly for Hindu, the British feared opposition from community leaders and refrained from further interfering within this domestic sphere. The demand for a civil code was first put forward by women activists in the beginning of the twentieth century, with the objective of womens rights, equality. Till Independence in 1947, a few law reforms were passed to improve the condition of women, in 1956, the Indian Parliament passed Hindu Code Bill amidst significant opposition. The debate for a civil code dates back to the colonial period in India. Prior to the British Raj, under the East India Company, they tried to reform local social and religious customs. Lord William Bentinck, the Governor-General of India, tried to suppress sati, the death of a widow on her husbands funeral pyre. This was later extended outside Bengal to all English territories in India, according to their understanding of religious divisions in India, the British separated this sphere which would be governed by religious scriptures and customs of the various communities. Thus, the British let the Indian public have the benefit of self-government in their own domestic matters with the Queens 1859 Proclamation promising absolute non-interference in religious matters, the personal laws involved inheritance, succession, marriage and religious ceremonies. The public sphere was governed by the British and Anglo-Indian law in terms of crime, land relations, laws of contract, the Shudras, for instance, allowed widow remarriage—completely contrary to the scriptural Hindu law. The difficulty in investigating each specific practice of any community, case-by-case, towards the end of the nineteenth century, favouring local opinion, the recognition of individual customs and traditions increased. The Muslim Personal law, was not strictly enforced as compared to the Hindu law and it had no uniformity in its application at lower courts and was severely restricted because of bureaucratic procedures. This led to the law, which was often more discriminatory against women
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History of Indian law
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Law in India primarily evolved from customary practices and religious prescription to the modern well codified acts and laws based on a constitution. The various stages of evolution of Indian law is classified as that during the Vedic period, the Islamic period, the British period and post independence. In comparison with modern law, the classical Hindu law was a legal system as it followed a unique arrangement of law. Ancient India represented a tradition of law, and had a historically independent school of legal theory. The main aim of the law in the Vedic period was to preserve dharma which means righteousness, dharma consists of both legal duties and religious duties. It not only includes laws and court procedures, but also a range of human activities like ritual purification, personal hygiene regimes. Dharma provided the guidance by which one endeavored to lead his life. The sources of law during this period were Sruti, Smriti, Sruti consist of the 4 Vedas namely Rigveda, Yajurveda, Samaveda and Atharvaveda. These Vedas chiefly dealt with religious duties, practices and customs, the second source is called Smriti, which literally means as remembered and refers to tradition. They are the humanly authored written texts that contain the collected traditions, some of the most prominent Smriti are Dharmashastras which includes Manusmriti, Yajnavalkya Smriti, Naradasmriti, Visnusmriti, Brhaspatismriti, and Katyayanasmriti. These texts were used for legal judgments and opinion. They dealt with the matter of dharma and were guidebooks on dharma with rules of conduct. Dharmasutra discuss the rules for duties for all the ashrama, the student-hood, the house holdership, the retirement or forest dwelling, also, they provide the rites and duties of kings and court proceedings. Other issues that are Dharmasutras cover include rules about ones diet, crimes and punishments, daily sacrifices, Dharmashastra contains three categories or topics. The first is the âchâra, which rules on daily rituals, life-cycle rites, as well as specific duties. The daily rituals include practices about daily sacrifices, the kind of food to eat and how to obtain them, and who can give and who can accept religious gifts. The life-cycle rites are the rituals that are conducted on important events in life like birth, marriage. Acharas also provide rules for duties for all the ashrama, ashrama are the four stages of life that include, Brahmacharya, Grahastha, Vanaprashta, and Sanyasa
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History of India
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Evidence of anatomically modern humans in the Indian subcontinent is recorded as long as 75,000 years ago, or with earlier hominids including Homo erectus from about 500,000 years ago. A sophisticated and technologically advanced urban culture developed in the Mature Harappan period and this civilisation collapsed at the start of the second millennium BCE and was later followed by the Iron Age Vedic Civilisation. The era saw the composition of the Vedas, the texts of Hinduism. The Vedic Civilisation extended over much of the Indo-Gangetic plain and witnessed the rise of major polities known as the Mahajanapadas, in one of these kingdoms, Magadha, Gautama Buddha and Mahavira propagated their Shramanic philosophies during the fifth and sixth century BCE. Most of the subcontinent was conquered by the Maurya Empire during the 4th, from the 3rd century BCE onwards Prakrit and Pali literature in the north and the Tamil Sangam literature in southern India started to flourish. Wootz steel originated in south India in the 3rd century BCE and was exported to foreign countries, various parts of India were ruled by numerous dynasties for the next 1,500 years, among which the Gupta Empire stands out. This period, witnessing a Hindu religious and intellectual resurgence, is known as the classical or Golden Age of India, Indian cultural influence spread over many parts of Southeast Asia which led to the establishment of Indianised kingdoms in Southeast Asia. Southern India saw the rise of imperial powers from the middle of the fifth century, most notable being the Chalukya, Chola, Pallava, Chera, Pandyan. The Chola dynasty conquered southern India and successfully invaded parts of Southeast Asia, Sri Lanka, Maldives, the early medieval period Indian mathematics influenced the development of mathematics and astronomy in the Arab world and the Hindu numerals were introduced. The 15th century saw the emergence of Sikhism, in the 16th century, Mughals came from Central Asia and gradually covered most of India. From the late 18th century to the century, large areas of India were annexed by the British East India Company of the British Empire. James Mill, in his The History of British India, distinguished three phases in the history of India, namely Hindu, Muslim and British civilisations and this periodisation has been influential, but has also been criticised for the misconceptions it gave rise to. Another influential periodisation is the division into ancient, classical, medieval and modern periods, according to Thapar, a periodisation could also be based on significant social and economic changes, which are not strictly related to a change of ruling powers. Tools crafted by proto-humans that have dated back two million years have been discovered in the northwestern part of the subcontinent. The ancient history of the region some of South Asias oldest settlements. The earliest archaeological site in the subcontinent is the Palaeolithic hominid site in the Soan River valley, soanian sites are found in the Sivalik region across what are now India, Pakistan, and Nepal. The first confirmed semi-permanent settlements appeared 9,000 years ago in the Bhimbetka rock shelters in modern Madhya Pradesh, early Neolithic culture in the Indian subcontinent is represented by the Bhirrana findings in Haryana, India as well as Mehrgarh findings in Balochistan, Pakistan. The Edakkal Caves are pictorial writings believed to date to at least 6,000 BCE, from the Neolithic man, the Stone Age carvings of Edakkal are rare and are the only known examples from South India
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Arthashastra
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The Arthashastra is an ancient Indian treatise on statecraft, economic policy and military strategy, written in Sanskrit. Likely to be the work of authors over centuries, Kautilya, also identified as Vishnugupta. The latter was a scholar at Takshashila, the teacher and guardian of Emperor Chandragupta Maurya, however, scholars have questioned this identification. Composed, expanded and redacted between the 2nd century BCE and 3rd century CE, the Arthashastra was influential until the 12th century and it was rediscovered in 1905 by R. Shamasastry, who published it in 1909. The first English translation was published in 1915, the title Arthashastra is often translated to the science of politics, but the book Arthashastra has a broader scope. The text incorporates Hindu philosophy, includes ancient economic and cultural details on agriculture, mineralogy, mining and metals, animal husbandry, medicine, forests and wildlife. The text was influential on other Hindu texts that followed, such as the sections on king, governance, the text was considered lost by colonial era scholars, until a manuscript was discovered in 1905. A copy of the Arthashastra in Sanskrit, written on leaves, was presented by a Tamil Brahmin from Tanjore to the newly opened Mysore Oriental Library headed by Benjamin Lewis Rice. The text was identified by the librarian R. Shamasastry as the Arthashastra, during 1905-1909, Shamasastry published English translations of the text in installments, in journals Indian Antiquary and Mysore Review. During 1923-1924, Julius Jolly and Richard Schmidt published a new edition of the text, in the 1950s, fragmented sections of a north Indian version of Arthashastra were discovered in form of a Devanagari manuscript in Gujarat. A new edition based on this manuscript was published by Muni Jina Vijay in 1959, in 1960, R. P. Kangle published a critical edition of the text, based on all the available manuscripts. Numerous translations and interpretations of the text have been published since then. All 150 chapters of the text also end with a colophon stating the title of the book it belongs in, the contained in that book, the total number of titles in the book. Finally, the Arthashastra text numbers it 180 topics consecutively, the largest book is the second, with 1,285 sentences, while the smallest is eleventh, with 56 sentences. Chronology Olivelle states that the oldest layer of text, the sources of the Kauṭilya, the next phase of the works evolution, the Kauṭilya Recension, can be dated to the period 50–125 CE. Finally, the Śāstric Redaction is dated period 175–300 CE, detailed examination of astronomical data and place-names suggests that the work was composed in present-day Gujarat and northern Maharashtra. Author It identifies its author by the names Kauṭilya and Vishnugupta, stylistic differences within some sections of the surviving manuscripts suggest that it likely includes the work of several authors over the centuries. There is no doubt, states Olivelle, that revisions, errors, additions, the identification of Kauṭilya with the Mauryan minister Chanakya came later
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Manusmriti
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The Manusmṛti, also spelled as Manusmriti, is an ancient legal text among the many Dharmaśāstras of Hinduism. It was one of the first Sanskrit texts translated during the British rule of India in 1794, by Sir William Jones, the texts fame spread outside India, long before the colonial era. The medieval era Buddhistic law of Myanmar and Thailand are also ascribed to Manu, Manusmriti is also called the Mānava-Dharmaśāstra or Laws of Manu. The title Manusmriti is a modern term and a late innovation. The over fifty manuscripts discovered of the text, never use this title, in modern scholarship, these two titles refer to the same text. Later scholarship, shifted the chronology of the text to between 200 BCE and 200 CE, Olivelle adds that numismatics evidence, and the mention of gold coins as a fine, suggest that text may date to the 2nd or 3rd century CE. Most scholars consider the text a composite produced by many authors put together over a long period, Olivelle states that the various ancient and medieval Indian texts claim revisions and editions were derived from the original text with 100,000 verses and 1,080 chapters. However, the version in modern use, according to Olivelle, is likely the work of a single author or a chairman with research assistants. Manusmriti, Olivelle states, was not a new document, it drew on other texts, the root of theoretical models within Manusmriti rely on at least two shastras that pre-date it, artha, and dharma. Its contents can be traced to Kalpasutras of the Vedic era, the foundational texts of Manusmriti include many of these sutras, all from an era preceding the common era. Most of these ancient texts are now lost, and only four of have survived, the modern version of the text has been subdivided into twelve Adhyayas, but the original text had no such division. The text covers different topics, and is unique among ancient Indian texts in using “transitional verses” to mark the end of one subject, the text can be broadly divided into four, each of different length. The first 58 verses are attributed by the text to Manu, the Dharmasya Yonih has twenty-four verses, and one transition verse. Translation 2, The root of the religion is the entire Veda, and the tradition and customs of those who know, and the conduct of virtuous people, and what is satisfactory to oneself. Translation 2, The Veda, tradition, the conduct of good people and this section of Manusmriti, like other Hindu law texts, includes fourfold sources of Dharma, states Levinson, which include Atmana santushti, Sadachara, Smriti and Sruti. Olivelle notes instances of likely interpolation and insertions in the notes to this section, the verses 12.1,12.2 and 12.82 are transitional verses. This section is in a different style than the rest of the text, while there is evidence that this chapter was extensively redacted over time, however it is unclear whether the entire chapter is of a later era. The text dedicates 1,034 verses, the largest portion, on laws for and expected virtues of Brahmins, the statement of rules for the Vaishyas and the Shudras in the text is extraordinarily brief
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Manu (Hinduism)
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Manu is a term found with various meanings in different mythologies of Hinduism. In early texts, it refers to the man, or to the first man. The Sanskrit term for human. In later texts, Manu is the title or name of mystical sage-rulers of earth, the title of the text Manusmriti uses this term as a prefix, but refers to the first Manu – Svayambhuva, the spiritual son of Brahma. In some Puranic mythology, each consists of fourteen Manvantaras. The current universe, in mythology, is asserted to be ruled by the 7th Manu named Vaivasvata. In Vishnu Purana, Vaivasvata, also known as Sraddhadeva or Satyavrata, was the king of Dravida before the great flood. He was warned of the flood by the Matsya avatar of Vishnu, and built a boat carried the Vedas, Manus family. The myth is repeated with variations in other texts, including the Mahabharata and it is similar to other flood myths such as that of Gilgamesh and Noah. The texts ascribed to the Svayambhuva Manu include Manava Grihyasutra, Manava Sulbasutra, Jain mythology mentions the 14th patriarch named Nabhiraja, mentioning him also as Manu. This, state scholars, links ancient Jain tradition to Hindu mythologies, the Manu of Jainism is the father of 1st Tirthankara Rishabhanatha. This ancient story is significant as it one of earliest mentions of ikshu processing. In the Victor Hugo novel, The Hunchback of Notre Dame, proto-Indo-European religion, §Brothers Minos, king of Crete, son of Zeus and Europa. Manes, king of Lydia Nuu, Hawaiian mythological character who built an ark, nüwa, goddess in Chinese mythology best known for creating mankind. Noah Ziusudra, hero of the Sumerian flood epic Atra-Hasis Shah, Natubhai, Jainism, The World of Conquerors, I, Motilal Banarsidass, ISBN 81-208-1938-1 Manu in Vedic scripture
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Southeast Asia
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Southeast Asia or Southeastern Asia is a subregion of Asia, consisting of the countries that are geographically south of China, east of India, west of New Guinea and north of Australia. The region lies near the intersection of geological plates, with seismic and volcanic activity. Southeast Asia consists of two regions, Mainland Southeast Asia, also known historically as Indochina, comprising Vietnam, Laos, Cambodia, Thailand, Myanmar. Maritime Southeast Asia, comprising Indonesia, East Malaysia, Singapore, Philippines, East Timor, Brunei, Cocos Islands, definitions of Southeast Asia vary, but most definitions include the area represented by the countries listed below. All of the states are members of the Association of Southeast Asian Nations, the area, together with part of South Asia, was widely known as the East Indies or simply the Indies until the 20th century. Sovereignty issues exist over some territories in the South China Sea, Papua New Guinea has stated that it might join ASEAN, and is currently an observer. Southeast Asia is geographically divided into two subregions, namely Mainland Southeast Asia and Maritime Southeast Asia, Mainland Southeast Asia includes, Maritime Southeast Asia includes, The Andaman and Nicobar Islands of India are geographically considered part of Southeast Asia. Eastern Bangladesh and the Seven Sister States of India are culturally part of Southeast Asia, the eastern half of Indonesia and East Timor are considered to be biogeographically part of Oceania. Homo sapiens reached the region by around 45,000 years ago, homo floresiensis also lived in the area up until 12,000 years ago, when they became extinct. Austronesian people, who form the majority of the population in Indonesia, Malaysia, Brunei, East Timor. Solheim and others have shown evidence for a Nusantao maritime trading network ranging from Vietnam to the rest of the archipelago as early as 5000 BC to 1 AD. The peoples of Southeast Asia, especially those of Austronesian descent, have been seafarers for thousands of years and their vessels, such as the vinta, were ocean-worthy. Magellans voyage records how much more manoeuvrable their vessels were, as compared to the European ships, Passage through the Indian Ocean aided the colonisation of Madagascar by the Austronesian people, as well as commerce between West Asia and Southeast Asia. Gold from Sumatra is thought to have reached as far west as Rome and this was later replaced by Hinduism. Theravada Buddhism soon followed in 525, in the 15th century, Islamic influences began to enter. This forced the last Hindu court in Indonesia to retreat to Bali, in Mainland Southeast Asia, Burma, Cambodia and Thailand retained the Theravada form of Buddhism, brought to them from Sri Lanka. This type of Buddhism was fused with the Hindu-influenced Khmer culture, very little is known about Southeast Asian religious beliefs and practices before the advent of Indian merchants and religious influences from the 2nd century BCE onwards. Prior to the 13th century CE, Hinduism and Buddhism were the religions in Southeast Asia
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British Raj
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The British Raj was the rule by the British Crown in the Indian subcontinent between 1858 and 1947. The rule is also called Crown rule in India, or direct rule in India, the resulting political union was also called the Indian Empire and after 1876 issued passports under that name. It lasted until 1947, when the British Indian Empire was partitioned into two sovereign states, the Dominion of India and the Dominion of Pakistan. The British Raj extended over almost all present-day India, Pakistan and this area is very diverse, containing the Himalayan mountains, fertile floodplains, the Indo-Gangetic Plain, a long coastline, tropical dry forests, arid uplands, and the Thar desert. In addition, at times, it included Aden, Lower Burma, Upper Burma, British Somaliland. Burma was separated from India and directly administered by the British Crown from 1937 until its independence in 1948, among other countries in the region, Ceylon was ceded to Britain in 1802 under the Treaty of Amiens. Ceylon was part of Madras Presidency between 1793 and 1798, the kingdoms of Nepal and Bhutan, having fought wars with the British, subsequently signed treaties with them and were recognised by the British as independent states. The Kingdom of Sikkim was established as a state after the Anglo-Sikkimese Treaty of 1861, however. The Maldive Islands were a British protectorate from 1887 to 1965, India during the British Raj was made up of two types of territory, British India and the Native States. In general, the term British India had been used to also to the regions under the rule of the British East India Company in India from 1600 to 1858. The term has also used to refer to the British in India. The terms Indian Empire and Empire of India were not used in legislation, the monarch was known as Empress or Emperor of India and the term was often used in Queen Victorias Queens Speeches and Prorogation Speeches. The passports issued by the British Indian government had the words Indian Empire on the cover, in addition, an order of knighthood, the Most Eminent Order of the Indian Empire, was set up in 1878. At the turn of the 20th century, British India consisted of eight provinces that were administered either by a Governor or a Lieutenant-Governor, during the partition of Bengal the new provinces of Assam and East Bengal were created as a Lieutenant-Governorship. In 1911, East Bengal was reunited with Bengal, and the new provinces in the east became, Assam, Bengal, Bihar, there were 565 princely states when India and Pakistan became independent from Britain in August 1947. The princely states did not form a part of British India, the larger ones had treaties with Britain that specified which rights the princes had, in the smaller ones the princes had few rights. Within the princely states external affairs, defence and most communications were under British control, the British also exercised a general influence over the states internal politics, in part through the granting or withholding of recognition of individual rulers. Although there were nearly 600 princely states, the majority were very small
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Government of India
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It is located in New Delhi, the capital of India. There is a bicameral Parliament with the Lok Sabha as a lower house, the judicial branch systematically contains an apex Supreme Court,24 high courts, and several district courts, all inferior to the Supreme Court. Similar to the government, individual state governments each consist of executive, legislative. The legal system as applicable to the federal and individual state governments is based on the English Common, the full name of the country is the Republic of India. No other name appears in the Constitution, and this is the name appears on legal banknotes, in treaties. The Union Government, Central Government or Government of India are often used in an official and unofficial capacity to refer to the Government of India, because the seat of government is in New Delhi, New Delhi is commonly used as a metonym for the Central Government. Legislative branch in India is exercised by the Parliament and a legislature consisting of the Rajya Sabha. The latter is considered the house or the House of the people. The Parliament does not have control and sovereignty, as its laws are subject to judicial review by the Supreme Court of India. However, it does exercise some control over the executive branch, the members of the cabinet, including the prime minister and the Council of Ministers, are either chosen from parliament or elected there to within six months of assuming office. The cabinet as a whole is responsible to the Lok Sabha, the Lok Sabha is a temporary house and can only be dissolved when the party in power loses the support of the majority of the house. Whereas the Rajya Sabha is a permanent house which can never be dissolved though the members of the Rajya Sabha who are elected for a six-year term, the Executive Branch of government is the one that has sole authority and responsibility for the daily administration of the state bureaucracy. The division of power into separate branches of government is central to the idea of the separation of powers. The executive power is vested mainly in the President of India, the President has all constitutional powers and exercises them directly or through officers subordinate to him as per the aforesaid Article 53. The President is to act in accordance with aid and advice tendered by the Prime Minister, the Council of Ministers remains in power during the pleasure of the President. However, in practice, the Council of Ministers must retain the support of the Lok Sabha, if a President were to dismiss the Council of Ministers on his or her own initiative, it might trigger a constitutional crisis. Thus, in practice, the Council of Ministers cannot be dismissed as long as it holds the support of a majority in the Lok Sabha, the President is responsible for making a wide variety of appointments. His/Her work is to facilitate smooth transaction of business in Ministries/ Departments of the Government, the President is de jure the Commander in Chief of the Indian Armed Forces
26.
Fundamental rights in India
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Fundamental Rights is a charter of rights contained in Part III of Constitution of India. It guarantees civil liberties such that all Indians can lead their lives in peace, violation of these rights result in punishments as prescribed in the Indian Penal Code or other special laws, subject to discretion of the judiciary. The Fundamental Rights are defined as basic human freedoms that every Indian citizen has the right to enjoy for a proper and these rights universally apply to all citizens, irrespective of race, place of birth, religion, caste or gender. Aliens are also considered in matters like equality before law and they are enforceable by the courts, subject to certain restrictions. The Rights have their origins in many sources, including Englands Bill of Rights, Right to equality is provided from Article 14 to Article 18 of Indian constitution. Right to freedom is provided from Article 19 to 22 of constitution, Right against exploitation, Which prohibits all forms of forced labour, child labour and traffic of human beings. It is provided under Articles 23 and 24 of Indian constitution, Article 25 to 28 enumerates the right to freedom of religion. Article 29 and Article 30 of Indian constitution provides for cultural and educational rights, Right to constitutional remedies, Which is present for enforcement of Fundamental Rights. It is provided under Article 32 of Indian constitution, Fundamental rights for Indians have also been aimed at overturning the inequalities of pre-independence social practices. Specifically, they have also used to abolish untouchability and thus prohibit discrimination on the grounds of religion, race, caste, sex. They also forbid trafficking of human beings and forced labour and they also protect cultural and educational rights of ethnic and religious minorities by allowing them to preserve their languages and also establish and administer their own education institutions. They are covered in Part III of Indian constitution, the public opposition to this act eventually led to mass campaigns of non-violent civil disobedience throughout the country demanding guaranteed civil freedoms, and limitations on government power. Indians, who were seeking independence and their own government, were influenced by the independence of Ireland. Task of developing a constitution for the nation was undertaken by the Constituent Assembly of India, the Constituent Assembly first met on December 9,1946 under the presidency of Dr. Sachidanand later Dr. Rajendra Prasad was made its President. While members of Congress composed of a majority, Congress leaders appointed persons from diverse political backgrounds to responsibilities of developing the constitution. The fundamental rights were included in the First Draft Constitution, the Second Draft Constitution and final Third Draft Constitution, the fundamental rights were included in the constitution because they were considered essential for the development of the personality of every individual and to preserve human dignity. The writers of the constitution regarded democracy of no avail if civil liberties, like freedom of speech and religion were not recognised and protected by the State. According to them, democracy is, in essence, a government by opinion and therefore, for this purpose, the constitution guaranteed to all the citizens of India the freedom of speech and expression and various other freedoms in the form of the fundamental rights
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Directive Principles in India
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The Directive Principles of State Policy are the guidelines or principles given to the federal institutes governing the state of India, to be kept in citation while framing laws and policies. The principles have been inspired by the Directive Principles given in the Constitution of Ireland relate to social justice, economic welfare, foreign policy, the concept of Directive Principles of State Policy was borrowed from the Irish Constitution. The makers of the Constitution of India were influenced by the Irish nationalist movement, hence, the Directive Principles of the Indian constitution have been greatly influenced by the Directive Principles of State Policy. The idea of such policies can be traced to the Declaration of the Rights of Man proclaimed by Revolutionary France, the Indian constitution was also influenced by the United Nations Universal Declaration of Human Rights. The public opposition to this act led to mass campaigns of non-violent civil disobedience throughout the country, demanding guaranteed civil freedoms. Indians, who were seeking independence and their own government, were influenced by the independence of Ireland. While members of Congress composed of a majority, Congress leaders appointed persons from diverse political backgrounds to responsibilities of developing the constitution. Directive Principles of State Policy aim to create social and economic conditions under which the citizens can lead a good life and they also aim to establish social and economic democracy through a welfare state. Though the Directive Principles are non-justiciable rights of the people but fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws per Article 37 Besides, all executive agencies should also be guided by these principles. Even the judiciary has to them in mind in deciding cases. The State shall aim for securing right to a means of livelihood for all citizens. Child abuse and exploitation of workers should be prevented, children should be allowed to develop in a healthy manner and should be protected against exploitation and against moral and material abandonment per Article 39. The State shall provide free aid to ensure that equal opportunities for securing justice is ensured to all. The State shall also work for organisation of village panchayats and help them to function as units of self-government perArticle 40. The State should also ensure living wage and proper working conditions for workers, with full enjoyment of leisure and this directive regarding education of children was added by the 86th Amendment Act,2002. It should also organise agriculture and animal husbandry on modern and scientific lines by improving breeds and prohibiting slaughter of cows, calves, other milch and it should protect and improve the environment and safeguard the forests and wild life of the country per Article 48A. This directive, regarding protection of forests and wildlife was added by the 42nd Amendment Act,1976, the State has made few efforts till now to implement the Directive Principles. The Programme of Universalisation of Elementary Education and the plans has been accorded the highest priority in order to provide free education to all children up to the age of 14 years
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Federalism
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Federalism is the mixed or compound mode of government, combining a general government with regional governments in a single political system. It can thus be defined as a form of government in there is a division of powers between two levels of government of equal status. Leading examples of the federation or federal state include the United States, Canada, Mexico, Brazil, Germany, Switzerland, some also today characterize the European Union as the pioneering example of federalism in a multi-state setting, in a concept termed the federal union of states. The terms federalism and confederalism both have a root in the Latin word foedus, meaning treaty, pact or covenant and their common meaning until the late eighteenth century was a simple league or inter-governmental relationship among sovereign states based upon a treaty. It was in this sense that James Madison in Federalist 39 had referred to the new United States as neither a national nor a federal Constitution, thus, this article relates to the modern usage of the word federalism. Modern federalism is a based upon democratic rules and institutions in which the power to govern is shared between national and provincial/state governments. The term federalist describes several political beliefs around the world depending on context, however, in some countries, those skeptical of federal prescriptions believe that increased regional autonomy is likely to lead to secession or dissolution of the nation. In Syria, federalization proposals have failed in part because Syrians fear that these borders could turn out to be the same as the ones that the parties have currently carved out. Federations such as Yugoslavia or Czechoslovakia collapsed as soon as it was possible to put the model to the test, cultural-historical theories, which hold that federal institutions are more likely to be adopted in societies with culturally or ethnically fragmented populations. Infrastructural power theories, which hold that federalism is likely to emerge when the subunits of a potential federation already have highly developed infrastructures. In Europe, Federalist is sometimes used to describe those who favor a federal government. Most European federalists want this development to continue within the European Union, European federalism originated in post-war Europe, one of the more important initiatives was Winston Churchills speech in Zürich in 1946. In the United States, federalism originally referred to belief in a central government. Constitution was being drafted, the Federalist Party supported a central government. This is very different from the usage of federalism in Europe. The distinction stems from the fact that federalism is situated in the middle of the spectrum between a confederacy and a unitary state. Constitution was written as a reaction to the Articles of Confederation, in contrast, Europe has a greater history of unitary states than North America, thus European federalism argues for a weaker central government, relative to a unitary state. The modern American usage of the word is closer to the European sense
