LEGAL RESEARCH METHODOLOGY INDIA PDF

Title: Legal Research and Methodology. Authors: Verma, S.K. · Wani, M. Afzal. Publisher: Indian Law Institute,New Delhi. ation: ation‎: ‎ Legal Education and Research Methodology. By: Dr. Mona Purohit. By: M. Afzal Wani, S.K. Verma, Indian Law Institute. Methodologies of Legal Research (What Kind of Method for - What Kind of Discipline? JOURNAL OF THE INDIAN LAW INSTITUTE. Volume 14 OCTOBER-DECEMBER Number 4. LEGAL RESEARCH AND METHODOLOGY. S. N. Jain *.


LEGAL RESEARCH METHODOLOGY INDIA PDF

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LEGAL RESEARCH METHODOLOGY INDIA PDF

The Constitution of Legal research methodology india recognizes certain basic fundamental rights for every citizen of India, such as the Right to Equality, the Right to Freedom, the Right against exploitation, the Right to Legal research methodology india of Religion, Cultural and Educational rights, and the Right to Constitutional Remedies.

Any infringement of fundamental rights can be challenged by any citizen of India in the court of law. The Constitution of India also prescribes some fundamental duties on every citizen in India.

A Guide to India’s Legal Research and Legal System - GlobaLex

The Supreme Court, since its inception, was empowered with jurisdiction far greater than that of any comparable court anywhere in the world.

Legal research methodology india a federal court, it has exclusive jurisdiction to determine disputes between the Union of India and any state and the states inter-se.

Under Article 32, it issue writs for enforcement of fundamental rights guaranteed under the Constitution of India. As an appellate court, it could hear appeals from the state high courts on civil, criminal and constitutional legal research methodology india.

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It has the special appellate power under Article to grant leave to appeal from any tribunal or legal research methodology india.

Thus, it is a forum for the redressing of grievance not only in its jurisdiction as conferred by the constitution, but also as a platform and forum for every grievance in the country which requires judicial intervention.

LEGAL RESEARCH METHODOLOGY INDIA PDF

The Supreme Court, with the present strength of 25 judges and the chief justice, is the repository legal research methodology india all judicial powers at the national level.

Supreme Court judges holds office until they reach the age of 65 years. The State Judiciary consists of a high court for each state and subordinate courts in each district.

Each high court consists of a chief justice and a number of puisne judges. The high court judges are appointed legal research methodology india the President after consultation with the chief justice of India and the chief justice of that state.

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The high court judge holds office until he reaches the age of 62 years. Independence of Judiciary The principle of the independence of justice is a basic feature of the constitution. In a country like India, which is marching along the road to social justice with the legal research methodology india of democracy and the rule of law, the principle of independence of justice legal research methodology india not only be treated as an abstract conception but also a living faith.

Independence of justice deals with the independence of the individual judges in relation to their appointment, tenure, and payment of salaries, and also non-removal except by process of impeachment.

The concept of independence of justice is a noble concept which inspires the constitutional scheme and constitutes the foundation on which rests the edifice of our legal research methodology india polity. It is absolutely essential that the judiciary must legal research methodology india free from executive pressure or influence and this has been secured by the constitution maker by making elaborate provisions in the constitution of India.

In order to confront new situations and problems which arise from time to time and to amend law which calls for amendment, a body like the Law Commission is absolutely essential. This is because it is a body which is not committed to any political party and which consists of judges and lawyers, who are expert in the field and who would bring to bear upon the problems purely judicial and impartial minds.

LEGAL RESEARCH METHODOLOGY INDIA PDF

As the parliament is very busy in day-to-day debates and discussions, its members do not have the necessary time to consider legal changes required to meet the new situations and problems in a constructive manner.

For that the Law Commission may be able to serve its purpose effectively. The function of the law commission is to study the existing laws, legal research methodology india amendments to the same if necessary, and to make recommendations for enacting new laws. The recommendations for amendment of the existing laws are made by the commission either suo motu or on the request of legal research methodology india government.

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Presently, the eighteenth Law Commission is in existence. The Law Commission in India has brought out scholarly reports to date on various legal aspects.

Legal Profession The profession of law is called a noble profession, and lawyers are a force for the perseverance and strengthening of constitutional government because they are guardians of the modern legal system. The first step in the direction of organizing a legal profession in India was taken in with the establishment of the Supreme Court at Calcutta.

Other, legal research methodology india regulations were passed to regulate the legal profession in the Companies courts in Bengal, Bihar, Orissa, Madras, and Bombay.

The Legal Practitioner Act of was legal research methodology india to consolidate and amend the law relating to legal practitioners.



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