In this pdf given MCQs for the competitive exams such as judiciary and any law exams. It is helpful for lawyer and aspirants.

-by Deepanshi Rajput

1. It shows our political, moral & religious philosophy.
2. Political Horoscope- by KM Munshi.
3. It has been described the keynote of the constitution of India.
4. Preamble gives us the direction (lighthouse) true or false.
5. Preamble is summary of the Constitution.

1. The ultimate aim of the makers of the constitution was to have a welfare state and an egalitarian society projecting the aim and aspirations of the freedom movement.
2. The preamble was adopted by the constituent assembly only after the constitution had been approved. The idea was to express in a few words the provisions of the Constitution.

• The Preamble is a legitimate aid in the construction of the provisions of the constitution –observed by Maxwell.
• For the purpose of interpretation, the preamble of the constitution stands in the same position as the Preamble of an Act. –observed by Lord Halsbury, LC in Powell vs Kempton Park Race Course Co., 1899.
• The preamble of Act can be referred to explain the elucidate only the ambiguous and inexplicit provisions of the Act. The Preamble is not considered to be a part of the act – observed by Lord Normand in Attorney General vs H.R.H Prince Emest Augustus of Hanover, 1957.
• The preamble to the Indian Constitution was not a part of the constitution –observed by Gajendragadkar, J in Re Berubari Union & Exchange of Enclave, AIR 1960 SC 845.
• The preamble to the constitution was a part of the constitutions and the observations to the contrary in Berubart union were not correct –observed by Keshavnanda Bharti v. State of kerala, AIR 1973.

Ideals or nature of the Indian constitution

1. SOVEREIGN: Sovereignty is one of the essential attributes of state in jurisprudential terms. COOLEY defines a sovereign state as one where there resides within itself a supreme and absolute power acknowledging no superior. However it is submitted that in this sense, no state today can be said to be an absolute sovereign as international obligations, treaties etc. put restraints and erode sovereignty. However it can be to the contrary, also be argued that even international obligations are undertaken by the states with their own violation. Nevertheless in domestic area, a sovereign state has absolute sovereignty. The Preamble to the US constitution speaks in the name of “we the people of united states”. The history of the constitution clearly brings out the fact that sovereignty in US is divided between the union and the states. But in India, despite a division of powers between the centre and states, there is no division of sovereignty. The union can override the states in national interest during emergencies, and even during normal times, it can invade the state’s sphere by legislating on state subjects on same occasions. The federal supremacy, despite a federal structure, has been asserted State of West Bengal vs Union of India, 1962 & State of Rajasthan vs Union of India, 1977. There is no division of sovereignty in India and the states have no right to succeed from the union. Articles 1 to 4 of the constitution clearly depict the supremacy of the union in matter of cession, acquisition of territories and also alteration of names and boundaries of states or the diminishing of their areas. The citizenship is also only one in India and not a dual citizenship as in the U.S. thus there is no division of sovereignty in India.
   Where does the sovereignty vest?
   The preamble uses the words “we the people of India”. Seervai was the earlier of the view that constitution is a result of India Independence Act and not “We the people”. This view was strongly opposed by Prof. Tripathi who was supported by Prof. Conard who said: Constitutions are self created and not a combination of some other laws, Seervai later on, changed his view and deleted the words from his book. In all constitutions it is the people who give the constitution. e.g. US constitution was made by representatives of the colonies and its ratification was done by the colonies. Yet it starts with “we the people of the US”. The idea behind this is that a constitution is a creation of all the people and not a group of individuals or some older law. Case- Synthetics and chemicals Ltd. vs State of U.P., 1999 ISCC 109, in this case court held that sovereignty is the exercise of sovereign power which gives the state sufficient authority to enact any law subject to the limitations of the constitution to discharge its functions.
   The India state, within the centre and the states has sovereign power to legislate on all branches subject to the limitations as to the division of power between the centre & the states and also subjects to the fundamental rights guaranteed under the constitution. Police power is not the same as the sovereign power of state.
2. SOCIALIST: It was added by the 42^nd Amendment. Earlier also, the resolve to secure to all citizens economic, justice and equality of status & opportunity was there in the preamble. Article 39(b) & (c) of DPSP are the charters of social and economic liberties of the people. To various men, it means various things Marxist or Leninist socialism is different from Nehruian and Gandhian socialism. However, it is difficult to define socialism as it has no where defined in the constitution. The 45^th amendment tried to define it mean ‘free from all forms of exploitation- social, economic and political’. Case- Delhi Science forum vs Union of India, 1996 2 SCC 405, in the case Supreme Court held that constitution does not lay down any economic policies. The privatization of telecom sector cannot be held invalid only on the ground that it is the contrary to the idea of socialism. India socialism is different from Marxist socialism.

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• Federal law provides a variety of powers for the President to use in response to crisis, exigency, or emergency circumstances threatening the nation.
• They are not limited to military or war situations. Some of these authorities, deriving from the Constitution or statutory law, are continuously available to the President with little or no qualification.
• Others—statutory delegations from Congress—exist on a standby basis and remain dormant until the President formally declares a national emergency. Congress may modify, rescind, or render dormant such delegated emergency authority.
• Until the crisis of World War I, Presidents utilized emergency powers at their own discretion.
• Proclamations announced the exercise of exigency authority. During World War I and thereafter, Chief Executives had available to them a growing body of standby emergency authority that became operative upon the issuance of a proclamation declaring a condition of national emergency.
• Sometimes such proclamations confined the matter of crisis to a specific policy sphere, and sometimes they placed no limitation whatsoever on the pronouncement.
• National emergency has been declared in our country three times so far. For the first time, emergency was declared on 26^th oct. 1962 after china attacked our borders in the North East. This National Emergency lasted till 10^th January 1968, long after the hostilities ceased. For the second time, it was declared on 3^rd December 1971 in the wake of second India-Pakistan War lifted on 21^st March 1977.
• While the second emergency on the basis of external aggression was in operation, third National Emergency called internal emergency was imposed on 25^th June 1975. This emergency was declared on the ground of ‘internal disturbances’. Internal disturbances justified imposition of the emergency despite the fact that the government was already armed with the powers provided during the second National Emergency of 1971 which was still in operation.
• The basic need for an emergency occurs whenever there is imbalance within the country, whether wholly or partly.
• The ultimate aim and object of every government or political party is to secure good life and safe life to its citizen and the time we say citizen it means the public of country at large.
• Whether we talk about the first emergency caused by china attack or the second or third emergency in all cases the social equilibrium of the country was imbalanced and security of citizen was on the stack.
• Emergency though suspend the fundamental rights excluding those conferred in art.20 and art.21it does transfer the powers from the hand of state government to the hand of central government. But this all phenomenon took place just to secure its citizen. This is what the concept and policy of “welfare state” greatest happiness to greatest number.
• Fundamental rights are given to individual and the only reason they are suspended during an emergency is to secure the people of country at large. Social interest is always upper then that of individual interest.
• The constitution provides for three different kinds of abnormal situations which call for a departure from the normal governmental machinery set up by the constitution:-
• An emergency due to war, external aggression or armed rebellion {art. 352}. It is also known as National Emergency.
• Failure of constitutional machinery in states Art. 356
• Financial emergency Art. 360

Fudamental Rights and Emergency:-

• Fundamental rights are enrished in part III of the constitution. They are part of those rights which are necessary for the survival of human being with dignity.
• These rights have been incorporated in the ‘fundamental law of land’ i.e. the constitution of India and one can approach courts in case of violation of these rights. These rights reflect a desire of the founding fathers of Indian Constitution to build a new social order.
• For example, these are rights declaring practice of untouchability an offence.

Emergency provisions under the Indian constitution-

• Part XVIII of the constitution permits the state to suspend various civil liberties and the application of certain federal principles during presidential proclaimed states of emergency.
• The constitution for three categories of emergencies: a threat by, war of external aggression or by internal disturbances; a failure of constitutional machinery in the country or in a state; a threat to the financial security or credit of the nation or a part of it.
• Under the first two categories, the fundamental rights with the exception of protection of life and liberty may be suspended and federal principles may be rendered inoperative.

National Emergency Article 352, 353, 354, 355, 358 and 359-

• It is caused by war, external aggression or armed rebellion in the whole of India or a part of its territory. Such an emergency was declared in India in 1962(Indo-China war), 1965(Indo-pak war), 1971 and 1975(declared by Indira Gandhi to maintain law and order in the country).
• The president can declare such an emergency only on the basis of written request by the Council of Ministers headed by the PM. Such a proclamation must be approved by the parliament within one month. Such an emergency can be imposed for six months. It can be extended by six months by repeated parliamentary approval.
• In such an emergency, fundamental rights of the Indian citizens can be suspended. The six freedoms under right to freedom are automatically suspended. However, the right of life and personal liberty cannot be suspended. It modifies the formal system of government to the unitary one.
• The parliament can make laws on 66 subjects of state list. Also all money bills are referred to the parliament for its approval. The term of Lok Sabha can be extended by the period of one year but not more than six months from the date when emergency has ceased to exist.

Effect of national emergency on the fundamental rights-

• These are some cases where the fundamental right infringes during national emergency.

Makhan Singh vs State of Punjab, 1964

• Emergency was declared on an earlier occasion during the Indo-China war. At the time the right to move any court for the enforcement of articles 14, 21 and 22 was suspended under Article 359 only for the persons detained under the defence of India Rules(DIR), the preventive detention law at that time. It was partial suspension. SC interpreted it to mean that rights were suspended only for legally detained persons. So if a person was legally detained under DIR, he could maintain the Habeus Corpus petition. It was for the first time during emergency imposed on 26^th June 1975, that articles 14,19,21 and 22 were suspended the entirety, without any reference to any law. This time when detenues filed habeus corpus petition, a question was raised take article 21 being sole respository of liberty has been suspended in it’s totally, no writ of Habeus Corpus is maintainable. The government also sought to distinguish the earlier case of Makhan Singh on the different phraseology of the notification suspending the rights. Almost all the HC decided this question against the government. On that issue the matter was taken in appeal to the SC.
• The SC held that it was impossible to accept that only right that can be suspended by an order made under article 359(1) was right guaranteed under Article 32(1) to move to the SC for the enforcement of fundamental rights and a citizen would be free to seek relief from HC under art. 226, art. 32(3) which enable parliament to empower any other court to exercise all or any of the power exercisable by the SC.
• The SC pointing on that a citizen would not be deprived of his right to move the appropriate court for a writ of habeus corpus if his detention had been malafide.

Judicial Review-

• Marking the black day of Indian legal history, the SC rejected the arguments of the respondents and held that art. 21 of the constitution was the sole repository of right to life and liberty.
• Therefore, the suspension of it implied that all the remedies protecting this right under any other law shall also be suspended. The court while construing art.21 as the sole repository of life and personal liberty denied all available remedies to the detenus on any ground that any challenge to the detention order for the enforcement of the right to personal liberty under art. 21 could not be so done on account of the presidential order suspending it being in force.
• The majority further held that even the order of detention could not be challenged even on any other ground, even if the detention order was passed malafide, rendering the detenu without any remedy even against an illegal detention.
• Therefore, the court declared, ”in view of the Presidential order dated June 27^th, 1975 no person has any locus standi to move any writ petition under ART. 226 before a HC for Habeus Corpus or any other writ or order or direction to challenge the legality of an order of detention on the ground that the order is not under or in compliance with the Act.

The 44^th Amendment act, 1978-

It has made two important changes in art. 358:

• Article 19 will suspend only when a proclamation of emergency is declared on the ground of war or external aggression and not when the emergency declared on the ground of armed rebellion.
• It has inserted a new clause(2) in art. 358 which says that nothing in clause(1) shall apply to (a) any law which does not contain a recital to the effect that such a law is in relation to the proclamation of emergency,
  (b) To any executive action taken otherwise than under a law containing such a rectal. This clause make it clear the art. 358 will only protect emergency laws from being challenged in court of law and not other laws which are not related to the emergency laws from being challenged in court of law and not other laws which are not related to the emergency. Prior to this, the validity of even other laws, which were not related to emergency, could not be challenged under art. 358.
• The 59^th amendment has amended art. 358 and has inserted the word “or by armed rebellion or that the integrity of India is threatened by internal disturbance in the whole or any part of the territory of Punjab”. This means that, in case of Punjab, the right guaranted by art. 19 will be suspended also when emergency is declared on the ground of armed rebellion or internal disturbance.
• The proclamation of emergency however does not invalidate a law which was valid before the proclamation of emergency.

• It examines continuity and change in Indian foreign policy since Narendra Modi took office.
• It proceeds with analyzing six issues that dominated India’s foreign engagement between the prime ministerial regimes of Narasimha Rao and Manmohan Singh as a reference point.
• To evaluate the level of change, it defines major change as a major shift in the goals and strategies of a state’s foreign policy and argues that most often a major change in foreign policy is a result of changes in the systemic variables followed by a change in either state- or individual-level variables.
• Indian foreign policy under Modi is witnessing a proactive turn infused by a strong leadership. The new government has redefined India’s foreign policy priorities, and the level of external engagement has also gone up.
• It is structured around four main factors that shape, power, and constrain any country’s foreign policy: history, geography, capability, and leadership.
• However, areas like democracy promotion have not upheld their momentum, and the government’s regional policy has failed to utilize the opportunities that were available to it when it began its tenure.
• Also, foreign policy changes under the new government cannot be regarded as a major change because the goals and strategies of Indian foreign policy have not changed.

• During the Cold War, India’s international profile was above-all identified with non-alignment and solidarity with colonized, newly decolonized and other developing countries.
• In the West, India was broadly tarred as moralistic and hypocritical. While this view conveniently ignored serial Western hypocrisies, it is true that India’s relations with some immediate neighbours hardly lived up to the standards it was preaching from global pulpits.
• The end of the Cold War and internal economic pressures forced New Delhi to re-think of many of its international and economic policies.
• Together, these shifts introduced a two-decade long evolution of Indian foreign policy not so much in a straight line as in a set of fits and starts.
• By the turn of the century, the number of scholars and practitioners with in-depth knowledge of India multiplied worldwide. Within India, scholarship took a more critical turn, analysing the specificities of New Delhi’s international relationships, international objectives, and policy implementation.
• Country and regional expertise began to incorporate new theoretical and methodological approaches. In consequence, the range of views and the community of scholars and practitioners interacting with each other grew significantly. And as India’s economic growth accelerated, the country’s international relations became much more relevant to a wide range of international actors.
• Early on, Kanti Bajpai offers a rich essay on the relevant literature. From fairly intense interaction with the rest of the world, as of the late 1960s, India turned inwards and its academic links with the rest of the world began to diminish, while the Indian education system became more centralized.
• Consequently, Indian scholars tended toward explicating and extolling official positions on international relations rather than questioning them.

It is structured around four main factors that shape, power, and constrain any country’s foreign policy: history, geography, capability, and leadership.

History

• Although fragmented through most of the last three millennia into many smaller polities, in the modern period, India gradually became a unified territorial entity under the authority of the British Raj.
• While the Raj tends to be remembered with a touch of nostalgia in the West, its legacy in India was far from an unalloyed blessing.
• It laid the institutional basis of a modern state and sought to integrate India with the global economy, but its economic record was at best mixed, its administrative performance frequently feckless, and its political stance deeply and permanently divisive.
• This experience profoundly shaped post-independence India and its foreign policy, breeding lasting suspicion of Western hegemony. However, the Raj also left a different, more positive legacy.
• It incubated an Indian elite steeped in the values of political liberalism, which under the leadership of Nehru, built one of the earliest and most successful democracies outside the West.
• Much like the Raj, which emulated the Mughal Empire in many ways, independent India incorporated many institutions left behind by the Raj, including armed forces subordinated to civilian control and an experienced-if-small bureaucracy, including a diplomatic staff.

Geography

• Although India is, to a degree, cut off from neighbours by the Himalayas and by its extensive coast-line, its neighbourhood is a tough one, marked by competition and conflict. India’s most consequential and contentious land borders are with Pakistan and China. All three countries are armed with nuclear weapons.
• India also shares borders with Bangladesh, Myanmar, Nepal and Bhutan. In India’s mind, Afghanistan is a close and important neighbour, even though territorial contiguity was extinguished in 1947 with the creation of Pakistan and loss of the Northern Areas of Kashmir in the 1947–48 Kashmir conflict.

• Across the seas, India considers Sri Lanka and the Maldives as close neighbours, while it also enjoys a special relationship with Mauritius, whose population is of mostly Indian origin, despite considerable geographic distance.

• Beyond these immediate neighbours, India’s extended neighbourhood includes Iran and the Persian Gulf, and through Myanmar and across the Indian Ocean shades into South-East Asia.
• Meanwhile, India’s large and entrepreneurial Diaspora extends India’s sense of connection to Malaysia and Singapore in South-East Asia, Africa, the Caribbean, and to other lands as distant as Fiji.
• With Saudi Arabia and the sheikhdoms of the Gulf fast-developing their countries, large Indian Diasporas provide some of the mid-level professional and much other labour required by the ambitious infrastructure and wider economic plans of these countries.
• India’s growing energy demand is met by ever-expanding energy imports from the oil-rich Middle East and has provided a strong economic interdependence with the region.

Capability

• A country’s capability depends on a number of factors, but none is more important than the health and dynamism of its economy. On this score, until the 1980s, India’s record was generally dismal.
• At independence, India accounted for less than 2% of global wealth, despite having 345 million people to provide for. While the colonial state had integrated India into the first wave of globalisation and fostered some industrialisation, its share of the global GDP and trade steadily diminished after independence until the 1980s.

• When the British started their expansion into India in 1700, the country accounted for 24–25% of global production, according to studies cited in the volume. The UK’s GDP at the time amounted to little more than 11% of India’s, but by 1947 it exceeded India’s by half.
• Looked at another way, India’s GDP per capita remained essentially flat during the 200 years of British domination, while the UK’s GDP per capita increased five-fold. Thus, Nehru and his colleagues in 1947 faced a very bleak economic picture.

• Since then, a constant until quite recently was India’s weak capability to implement its international ambitions, in the instances when it was able to formulate them.
• Indeed, policy in a number of fields has been confused and contradictory.
• For example, this volume advances a strong argument that India’s often-large weapons imports are necessitated by the failure of much of its defence industry to provide high-quality output, which stands in contrast to successful nuclear weapons and space programmes.

• As of the 1990s India’s private sector came into its own, as discussed by Rajiv Kumar in chapter 19.
• The Indian private sector boasts a number of highly successful business empires, but many of these companies, such as Mittal Steel, succeed better outside India than within due to the domestic burdens of bureaucracy, corruption, and frequent contestation.
• The outlook for India’s economy, while hopeful, is still clouded by uncertainty over whether such systemic challenges will be overcome.

Leadership

• Two Indians stand out globally as among the twentieth century’s most appealing leaders.
• The first is Mohandas Karamchand Gandhi, who drove India’s 40-year independence movement, but never held political office and was assassinated in 1948, and thus does not appear much in the volume.
• Second is Jawaharlal Nehru, the first prime minster of independent India, who advocated passionately for those still under the colonial yoke while helping to shape the notion of non-alignment in the unforgiving climate of the Cold War.

• His daughter, Indira Gandhi, gained some admirers internationally, but made few friends for India.
• India’s first nuclear test in 1974 alarmed much of the world, and led to a form of purdah (seclusion) for India among nations endowed with nuclear technology. Nevertheless, she remains wildly popular among her own people as a leader who “stood up for India”.

• No subsequent leaders rivalled Nehru and Indira Gandhi on the world stage.
• Rajiv Gandhi championed the fight against apartheid but also launched an ill-fated military intervention in Sri Lanka under the guise of peacekeeping between 1987-90, and he initiated moves that would influence the transformation of Indian foreign policy during the 1990s and beyond. 
• Of his successors, Narasimha Rao (1991–96) stands out as having engineered India’s deft response to the end of the Cold War. I. K. Gujral consistently championed more generous relationships with India’s neighbours under the so-called Gujral Doctrine.

• Atal Bihari Vijpayee, Prime Minister in 1996 and again in 1998–2004, was the first government leader of the Bharatiya Janata Party (BJP) and proved a deft hand both at engaging Pakistan while also skilfully dealing with Islamabad’s military venture into Indian-held territory at Kargil in 1999.

• The two Congress-led coalition governments of 2004–09 and 2009–14 will be remembered above all for the delicate and controversial dance between Prime Minister Manmohan Singh and the administration of US President George W. Bush to secure an agreement on civil nuclear cooperation in 2008, notwithstanding the fact that most of India’s international nuclear cooperation ground to a halt in the wake of the sweeping Civil Nuclear Liability Act passed by the Indian Parliament in 2010.

• With the BJP’s arrival in power in 2014, the country’s new prime minister, Narendra Modi, playing against expectations, launched a charm offensive vis-à-vis India’s neighbours, including Pakistan.
• He radiated intent to see India prosper, not least due to greater international investment and trade.
• However, his confident style and the growing global relevance of India have not yet, beyond tone, yielded significant change in India’s international stance, which could well evolve in years ahead as it is still very early days for his government.

Multilateral matters

• During Dr Singh’s years, India’s international profile grew in tandem with the country’s economic success.
• New Delhi articulated a strong claim to a greater role in global governance, which was achieved to a certain extent with the creation of the Group of 20 at the head of state level in 2008 and by the creation of new plurilateral forums such as the BRICS.

• One chapter discusses the importance of the UN in Indian foreign policy going back to its early years, while another addresses India’s growing voice and growing frustrations within a number of international institutions.
• India’s position on climate change is considered in a forward-looking chapter near the volume’s end. While recognizing the need to act on the issue domestically, Delhi has maintained an increasingly lonely position at the global level favouring the “status quo” established by the Kyoto Protocol in 1997, unlike China.

Key relationships

• It is the unhappy lot of editors to have to make choices. This responsibility came into focus most sharply when we began to discuss India’s most important relationships beyond its immediate vicinity.
• Some, like the USA, Western Europe and the Russian Federation were obvious. Others required greater thought. We ultimately provided for two chapters on India’s relationships with Africa, one on Brazil and another on Israel (having dealt with the Persian Gulf states, as part of India’s extended neighbourhood).

• New Delhi’s relationship with Tokyo has been intensifying, particularly since the election of Shinzo Abe as Prime Minister of Japan in 2012, in part as a result of tectonic shifts underway in Asia related to the accelerated rise of China, and in part because Prime Ministers Abe and Modi had developed a close political relationship going back a number of years.
• Though not discussed in depth here, India–Japan relations will be the focus of a separate volume, in some ways a spin-off of this one, to be published by OUP in January 2016 with distinguished and exciting contributors from both countries, edited by Rohan Mukherjee and Anthony Yazaki.

• In considerable part, the intellectual establishment’s lack of imagination stems from its paucity of trained international affairs specialists. Shocking though it may seem, in a country of over a billion people, perhaps only a dozen or so political analysts are of truly global stature.

• Other factors are also likely to constrain partnership with the United States.
• India’s political order has become increasingly federalized, and despite the existence of at least two national parties, it is unlikely that either will be able to form a national government of its own in the foreseeable future.
• That means India’s ruling party will be forced to pursue a compromise foreign policy. Thanks to the exigencies of coalition politics, for example, the United Progressive Alliance government in New Delhi has been forced to shelve a decision to allow investment from foreign multibrand retail stores like Wal-Mart.
• Similarly, a carefully negotiated water-sharing agreement with Bangladesh also fell prey to the demands of a fractious coalition partner.

• Finally, the United States and India cannot paper over some fundamental differences of interest. The two countries remain at odds over how best to deal with Iran’s apparent quest for nuclear weapons.
• Even though most Indian policymakers view Iran’s nuclear pursuit with concern, they will not endorse unilateral military action against the country.
• India remains dependent on Iranian oil and natural gas, it has a substantial Shiite population, and, above all, it is extremely uncomfortable with the unilateral exercise of U.S. military power against recalcitrant regimes.
• In fact, India becomes particularly concerned when regimes are forcibly ousted because of their human rights records, as in NATO’s action against Libya.
• In considerable part, this fear stems from India’s own domestic infirmities and its uneven record in suppressing domestic insurgencies.
• Admittedly, the notion that any country would militarily target India over its human rights record seems far-fetched, but the concern nevertheless animates Indian thinking about the subject.
• Undoubtedly, the India of today is a far cry from the poverty-stricken, militarily weak, socially fractured, and diplomatically isolated country of the Cold War.
• Nevertheless, unless its leadership can tackle problems from corruption to bureaucratic stagnation to political dysfunction, its hope for global standing in the 21st century will remain just a hope.

The industrial dispute act, 1947 enacted for investigation & settlement of industrial disputes, to prevent illegal strike & lock-out and to provide relief to workman in case of lay-off & retrenchment.

STRIKE:-

• It defined in sec. 2(q). It means ceasation of work by a body of persons employed in any industry acting in combination.
• It can be defined in another word stoppage of work by a body of workman bring pressure upon the employer.
• A concreted refusal of any no. of persons has been employed in any industry.
• Dispute b/w employer & his workers.
• A refusal under a common understanding of any no. of persons has been employed in any industry.
• Ceasation of work even for half hour amount to a strike.

Essential of strike:

1. Ceasation of work by worker
2. Stoppage must be within common intention.

Kinds of Strike:

1. General strike:

Come together+ common cause+ stay away+ but long period of time.

In this strike labour has need to run factory.

• Token strike:

Come together+ common cause+ stay away+ but short period of time.

• Stay-in-strike:

It is called tools-down-strike & pens-down-strike. It is a strike where workman has problem in duties then they do not work.
Come to the work+ occupy their duty+ but do not work.

• Go- slow:

Come to the work+ occupy their duty+ but they work very slowly.

• Hunger Strike
• Work to rule:

Workers do not observe their duties and not perform rules but it is not strike because there is no stoppage of work at all.

LOCK-OUT:-

It defined in sec. 2(i) of the industrial dispute act, 1947. It is a weapon in the hands of employer shuts down his place of business or pressure upon the employees.

Essential of lock-out:

1. Refusal of er to continued
2. Suspension of work
3. Closure of place of employment

Prohibition of strike & lock-out:

• Section 22 of the act deal with this. This sec. applies strike & lock-out in industries carrying on public utility service.
• It is not absolutely prohibited in this sec. but the certain requirement must be fulfilled by wm.

Right to strike & lock-out:

• Case: Kameshwar vs. State of Bihar, 1962

In the case Supreme Court held that it is not fundamental right, it is statutory right.

• Case: All India Bank Employee Association  Vs. National Industrial Tribunal

It was held that right to go on strike is not included within the ambit of freedom of speech & expression.

General prohibitions of strike & lock-out:

• Section 23 of the act deal with this.
• It apply on both public utility service as well as non-public utility establishments.
• Case: Bharat Petroleum Corp. ltd vs Petroleum Union

Bombay court held that Sec. 22 &23 mandates that no person under these section shall go on strike when proceeding are pending before the authorities.

Penalties for illegal strike & lock-out:-

It deals with the section 26.

Sec. 26(1) two conditions must be fulfilled-

1. A workman must commence, continue or in some other manner act in furtherance of a strike.
2. Such strike must be illegal under the act.

If any workman found guilty participated in illegal strike then he shall be punishable with imprisonment Rs. 50 fine & one month imprisonment.

Sec. 26(2) two conditions must be fulfilled-

1. A workman must commence, continue or in some other manner act in furtherance of a lock-out.
2. Such lock-out must be illegal under the act.

If any workman found guilty participated in illegal lock-out then he shall be punishable with imprisonment Rs. 1000 fine & one month imprisonment.

• Doctrine of Res gestae as found under section 6 of The Indian Evidence Act, 1872. The term has Latin origin and it means things done or “actus”.
• The doctrine of Res gestae is portrayed under section 6 of the Indian Evidence Act, 1872 in the following words-

“Facts which though not in issue are so connected with the facts in issue so as to form a part of the same transaction, are relevant, whether they occurred at the same time and  place or at different times and places” – Section 6 of Indian Evidence Act, 1872.

• Res gestae, originally was used by the Romans to mean acts done or actus.
• The English and American writers described it as facts that form the same transaction. Res gestae are those facts which automatically or naturally form a part of the same transaction. They are the acts talking for themselves.
• Circumstantial facts are admitted as forming a part of res gestae i.e. it being a part of original proof of what has taken place. Statements may also accompany physical happenings like gestures. Things said or acts done in course of transaction amounts to res gestae.
• The statements made or an act done has to be spontaneous and simultaneous to the main transaction. Where time gap is enough for fabrication or concoction, then statement or act shall not fall under section 6.

Few Illustrations:

• The cry of an in injured or wounded person.
• The cry of witness on seeing a murder happening
• The sound of a bullet being shot.
• The cry for help by the person being attacked.
• Gestures made by the person dying etc.

According to Section 6 the facts forming a part of the same transaction may or may not occur at the same place or same time. For example in the case of Ratten v. Queen, 1972 the victim (wife) had called the police for help but before operator could connect her to the police, her call was disconnected. Later the police found her dead body from her house from where the call was made and the time of death and the time of phone call was almost the same. The call made to the police came under the purview of section 6 and thereby defeated the accused husband’s defence that he accidentally fired his wife.

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Few case laws covering various aspects of the principle of res gestae as envisaged under section 6:

• The act may not have occurred at the same place:

 In case of Ratten v. Queen, already discuss in above.

• The time gap should be very little OR contemporaneous so that there is no time to fabricate or make up a story:

 In case of Sukhar v. State of UP, 1972 the accused in this case shot the victim when he raised an alarm. On hearing the alarm the witness reached almost at the same time when the victim told that the accused at shot him. The victim did not die. The accused was charged with section 307 IPC, 1860. However during the trial the victim died for some other cause. Despite being hearsay evidence, the statement of the witness was held to be admissible as it formed a part of the same transaction. The event of the victim being shot and the witness being told by the victim about the accused was contemporaneous.

• Act of witness during the same time and same place where the offence was committed:

In case of Sawal Das v. State of Bihar,1974 the cry of the children from the house when their mother was being killed by their father became a part of the same transaction and therefore fell under section 6 and became admissible as valid evidence.

• Gestures made by the victim when dying:

 In case of Queen v. Abdullah, 1885 The gesture made by the victim who was dying, that the accused had killed her came under the purview of res gestae.

• When FIR becomes Res gestae:

In case of Shyam Nandan Singh v. State of Bihar, 1991 an FIR was lodged soon after the incident by persons who witnessed it. It was held to be a part of the happening so it came under the purview of section 6.

INTRODUCTION

• Police cross examination constitutes a vital piece of the current criminal equity framework. In spite of the fact that Confirming law.
• The Indian Evidence Act 1872 and Criminal Procedure Code 1973 don’t cast much weight on any announcement leaving an accused individual while cross examined by the police which in legitimate terms isn’t considered as an acceptable piece of confirmation according to Section 25(1) of the Indian Evidence Act, 1872.
• In any case police personals are applying third degree strategy to extricate statement which may encourage the examination.
• In India such affirmations are visit that they torture accused under guardianship to inspire confession booth articulation, however it is made to a magistrate and that legal officer needs to keep up some affability and take after the set request given under Cr.P.C. when recording confession booth explanation, however it is made to a magistrate and that legal officer needs to keep up some thoughtfulness and take after the set request given under Cr.P.C. when recording confession booth articulation of any person.

OBJECTIVE:

1. To study on confession and then it’s irrelevant.
2. To study on when confession proved to the police officers and its relevant.
3. To study on confession by accused while in custody of police where proved against him

INTERROGATION BY POLICE AND CONFESSIONS:

• The announcements made to the police are not conceded for the reasons for allowable bits of proof as can be followed from perusing Section 162(3) Of Cr. P.C with Section 25 of the Indian Evidence Act.
• Articulations to police not to be marked: Use of explanations in evidence. A plain perusing of segments 61 and 167 of the Cr.P.C. uncovers that the police investigation of the offences on account of a man captured without warrant ought to be completed in the principal case inside 24 hours under area 61 or if not then inside 15 days under segment 167.
• Any cop making an examination may look at orally any individual expected to be familiar with the actualities and conditions of the case, the finding can from that point be illustrated in composing however these statements aren’t to be marked by the creator of such proclamations under Segment 162 (2). Segment 161 (2) gives what civilities ought to be trailed by cop when making oral examination.
• A person during oral examination might will undoubtedly answer all inquiries identifying with the case put to him by the concerned cop, other than questions the responses to which would have a propensity to uncover him/her to a criminal allegation or to a punishment or relinquishment.
• Any statement made to a cop can’t be utilized for any reason for any request or trial in regard of any offence under scrutiny. This announcement might be used to contradict such witness. [Section 162 of the Cr.P.C]

CONFESSION IN POLICE CUSTODY:

• The Evidence Act gives a few shields with regards to the time when a man is interrogated by police. While cross examining speculate the scrutinising must not be coercive or excessively scary. The police ought not to remove confirmation or admission by third degree method.
• Explanation made to cop by the accused isn’t allowable in confirm aside from that piece of the announcement which drives to discovery of implicating material.
• The alert with regards to the suitability of confession made to a cop is proposed to secure the denounced individual against third degree method by the police. The proving law is clear in that an admission made to a cop isn’t permissible, yet it can be utilized as a part of confirmation of the thing recuperated as a result of the admission made to a cop by the charged.
• In this way if a weapon utilized in a number of cases is recuperated by the police because of admission made by a blamed individual, the recuperation is a pertinent bit of confirmation. In this manner it neither would nor not be right to say that the arrangements of the Evidence Act unmistakably censure the police and don’t keep trust on them.
• In the event that we read together the arrangements of the Constitution and the Evidence Act, the message is clear. There is no command under the plan of the Constitution and Evidence Act that a man can be undermined, tormented or any route controlled to extract any sort of explanation which has implicating sway on the arrested or blamed individual.
• In any case, the miserable and the awful piece of the story is that despite the arrangements of the Constitution and Evidence Act, Police is applying third degree strategy, which renders the authentication of a genuine and bona fide admission by the blamed, the observers under suspicion and the whole criminal procedures under legal displays.
• The practicality of Indian Prisons and Police custodial torment has turned out to be endemic to the point that consistently numerous individuals kicked the bucket of or seriously harmed of police torment.
• In view of different reasons third degree strategy is by and by. In any case solidified lawbreakers have some training to survive extreme treatment thus; police can’t extricate data from them without the guide of third degree technique.
• This implies a huge level of confession booth explanations that are made will be made automatic out of the extraordinary pressure that is forced behind the bars or while in police guardianship.
• Other than this admissions of the witnesses additionally continue changing by the impact and the circuitous weight that the criminals or denounced in the prominent cases can practice by goodness of their high societal position.
• Secondly, police captures a few people and undermines to torment or torment them as a result of inspiring cash and numerous pure individuals on premise of constrained Confessions are arrested by police and rebuffed by the courts. This sort of affirmation has been frequently leveled against police.
• Thirdly, normal people have some average ethos with reference to how criminals should be dealt with by the police. An extensive area of police intensely consider that police can’t be successful on the off chance that they do not take depend on extreme treatment against solidified criminals.
• Fourthly, criminal equity arrangement of the Indian sub-mainland depends on the Anglo-Saxon accusatorial framework under which the focal point of the legal isn’t on truth, yet on proof and this makes the ‘Confessionary Statements’ to be conceded as-evidence as critical in Criminal Adjudication.

RECORDING OF STATEMENT:

• The law gives that the confession both explanation should be recorded “either in writing or any mechanical or electronic gadget like tapes, tapes or soundtracks from out of which sound or pictures can be repeated” (Sec.32 (1) POTA).
• This is the verbatim replication of the applicable arrangement in the TADA Act (Section 15 (1)), except for the expansion of the word ‘electronic’. As indicated by both these arrangements just police officers not bring down in rank than a Superintendent of Police can record the admission.

OTHER CONSIDERATION:

• These procedural shields don’t deplete the security offered to the accused. Though custodial admissions are allowable in prove, it is still for the court to decide on its worthiness or evidentiary or probative esteem.
• Under the appropriate, be that as it may, the evidentiary estimation of custodial admissions is held to be unimpeachable.
• It was frequently contended that a confession booth proclamation being recorded by a cop is a powerless sort of confirmation and should dependably be authenticated before basing a conviction.
• In a progression of cases, the Supreme Court has held that once the confessional statement is observed to be intentional and honest, it ends up substantive confirmation and does not require any validation, and the creator of an admission can be sentenced on such uncorroborated admission.

INCREASING VULNERABILITY TO CUSTODIAL TORTURE:

• As a signatory to the Convention against Torture and Other Cruel, in human or Degrading Treatment or Punishment, India has resolved to not do anything that is inconsistent with its protest and reason.
• The denial of torment is total and may not be suspended regardless of how deplorable the wrongdoing for which somebody has been arrested, even in circumstances of crisis .
• However there is little uncertainty that torment and other pitiless, cruel and degrading treatment keep on being endemic all through India. Incomparable Court requests, NHRC guideline and authority sanctions have not discouraged authorities from exacting torment on individuals in their guardianship. The Mali math Committee’s suggestions talked about beneath may additionally build powerlessness to torment.

CONFESSION UNDER MEDIA TRIAL:

• While shedding the worn out old cover of bookkeeping proof the Courts in India have as of late begun perceiving the significance of confession booth statements made in media.
• The Supreme Court included another, and noteworthy, part to the conservative criminal statute and given a part to the media in criminal trials by ruling that meetings given by a denounced to TV channels could be thought about proof by courts.

CONCLUSION:

• On a closing note it is well-suited to express that the significance of confession can never be undermined for the reasons for a criminal trial. Admission under the Criminal Procedure Code, 1973 has numerous features to it.
• It has a key an incentive in the Criminal Justice System, and in this manner the sacredness of the validness of confessionary explanations be kept up and the consistent procedure of evolvement of new structures and components of remembering confessionary confirm, might well be adjusted in the standard arrangements of the current Procedural laws and the whole evidential law in the nation.

• In India, the significance and the holy of the admission is all the more vital for the reason that the Law implementing office is the same as the examining office is both vested in the police.
• So now and again the over energy and the tension of the police agency is reflected in their curse of intense means and falling back to the utilization of third degree violence for the reasons for the withdrawing and drawing out the admission out of the accused people in authority or the one’s gone up against police remand.

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As per Hindu orthodox view, there was an inseperable relationship between law and dharma. Sources of law & dharma are common; Manu said four dharmas are sources of law also.

• Vedas
• Smritis
• Approved usages & what is agreeable to one’s conscience.

There are two kinds of sources of law:-

1. Ancient Sources
   Shruti’s
   Smritis
   Commentaries & digests
   Customs
2.  Modern Sources
   Judicial decision
   Legislation
   Justice, equity & good conscience.

1. Ancient Sources:-

a. Shruti’s– It stands for what has been heared. General speaking shruti’s contain the words of God which came down to us through the seers ans sages. These shruti’s include uprishadas constitute complete codes of spritual learning which are helpful in attainment of salvation.

The following are the four vedas-
i. Rigveda– Rigveda distinguish itself for its jurisprudential value. It deals with duties of king. (1st Shruti’s)(songs)
ii. Yajurveda– (ritual, sacrifices, mantras)
iii. Samveda– (prayers composed in mantras & set to music)
iv. Atharveda– (magic, spells & incantations)

Next to vedas, six vedangas in its development process-
Kalpa, vyakarna, chhanda, shiksha, jyotish, nirukta. A mantra is a scared prayer addressed to any deity.

     b. Smritis– It means what has been remembered.
     Recollection of human mind put in a consolidated form. The rules of law laid down in these     smritis are not controversial and their superiority is not doubted by anyone.

It is of two types:-
i. Primary– (written in prose style like manu, narada, yajnavalkya, vishu, brishaspah, katyayam). Those smritis are in Sholokas are known as Dharmsastras.

ii. Secondary- (latter works)

• Smritis are foundation of hindu law. Justically, they occupy an important position.
• Yajnawalkya smriti also contains the rule of procedure and evidence to be followed in civil disputes.
• Next important smriti is that of Narada, it acknowledges that his work is an abridgment of the larger work of manu. He over-emphasized the importance of customs.
• Another important contribution of narada smriti has been the recognition of the authority of king made laws.
• Arthashastra: It was written during the period of Chandragupta Maurya. It is of no less importance in the history of legal developing in India.
  The exclusive & systematic treatment of law was a distinct achievement of Arthashastra as against the foregoing Dharmasatras.

    c. Commentaries & digests:- Besides comment digests are also prepared which collected all the available texts of law on certain points at one place and gave concrete means to ascertain the law.
The commentaries are-

• Asahaya on narada (7^th century)
• Viswarupa on yajnavalkya (8^th century)
• Mednatithi on manu (9^th century).

1. Mitakshra-   
2. Commentary on yajnavalkya & command reverence.
3. Author- Vijyaneshwar published throughout India except Bengal.
4. Several commentaries were later written on it.

1. Dayabhag-
2. Commentary in Bengal.
3. Deals with laws of inheritance & partition.
4. Under this property goes to heirs through succession.

Conflicts of law in textas-

• At the tym of conflict in text of shruti & smriti, the text of shruti was authoritative.
• Dharmashastras & widely accepted practices were superior to Arthshastra.
• At present common & digest have been assigned superior authority because they though profersing to interpret smritis have consider modified the old view; according with the views of writer and according to change of time.
  d. Custom- The Hindu law attributes great importance to custom, because the king was excepted to adjudge the dispute. Acc. To custom, the custom could pre-dominate the law made by the king.

In a ways, conducts which people feel obligatory to practice.

• Modern Sources:-

1. Judicial  Decision: Decision propounded by courts upon various points have also developed as source of law. All important points found in the law reports. The decision of privy council, Supreme Court, High Court constitute precedents to become important source of law.
2. Legisltaion: The legislation have the effect of reforming the law & in certain repects have superseded the textual law. The important legislations which have modified, altered & supplement the hindu law are as follows-
3. The caste disabilities removal act, 1850

[Person renouncing his religion not deprived of his rights of inheritance].

• The hindu widow’s remarriage act 1856

[show rights & disabilities on re-marriage]

• The special marriage act, 1872

[Marriage b/w persons having different castes & different religion]

• The guardian & wards act, 1890

[Appointment of guardian foe welfare of minors]

• The Indian succession act, 1925

[Modified law relating to wills]

• The hindu marriage act, 1955

[Related to marriage b/w hindus, including jain, sikh and Buddhists].

• Prohibition of child marriage act, 2006
• Indian contract act, 1872.