REFORMS IN THE ADMINISTRATION OF JUSTICE: “BEATING THE BACKLOG”

Dr. Abhishek Singhvi, Member of Parliament
Senior Advocate, Supreme Court of India

It is a great pleasure and a special privilege to be present with you in Manipur on the 25th Birthday of the Bar Association. There are many firsts, some ironies and a few mysteries regarding this function. My visit to Manipur is a first for me and the dual attraction of seeing your beautiful state and interacting with the Bar was compelling and irresistible.  A chamber Junior of mine for many years is a Manipuri and I therefore keep getting stray and piecemeal tidbits of information about both your state as also the High Court and the Bar, which has constantly aroused my curiosity about this lovely State. Secondly, I am still trying to unravel the mystery of the 1972 to 1990 years when, despite the start of the Imphal bench in 1972, a separate High Court Bar Association was established a ...READ MORE


NECESSITY TO RE-LOOK THE POCSO ACT, 2012 IN RELATION TO THE STATE OF MANIPUR

Huidrom Kenajit, Advocate

The Protection of Children from Sexual Offences Act, 2012 (in short, “the Act”) is an act to protect children from offences of sexual assault, sexual harassment and pornography and provide for establishment of Special Courts for trial of such offences and for matters connected therewith or incidental thereto. While passing the Act, the Central Legislature has kept in mind the rising crime and commercial exploitation of children under the age of 18 years and to provide proper development of the child that his or her right to privacy and confidentiality be protected and respected by every person by all means and through all stages of a judicial process involving the child and to make the law operates in a manner that the best interest and well being of the child are regarded as being of ...READ MORE


“JUSTICE IS NOW POLITICS BY ANOTHER NAME OR QUITE SIMPLY ABOUT LUCK”

Rajkumar Banna Singh, Member (HCBAM)

Parliament with rare political unity passed the NJAC act. It was right on two grounds. It had the power to pass such law; and the Law was premised on the sound thinking that the appointments process needed to be broadened. But parliament over-reached in a design and institutional sense, to put the collegium system comes to an end. Eminent Jurists have raised important questions about the efficacy and constitutionally questionable character of these measures. The Supreme Court striking down of the 99th Amendment (National Judicial appointment commission Act (NJAC) as unconstitutional has basically asserted the Independence of the judiciary. The purpose commission violates the separation of powers between the judiciary and the executive, which the apex court rightly holds, is fundamental to ...READ MORE


FAITH OF PUBLIC ON JUSTICE DELIVERY SYSTEM

Salam Rupachandra Singh, Advocate, Assistant Solicitor General of India, High Court of Manipur

Rule of Law is to be maintained by all the sections of people. However, if whenever, the terminology comes up, the Rule of Law revolves round the law making agencies, enforcing agencies, justice delivering agencies and judicial systems. Rule of Law is one of the fundamental principles of any civilized legal system as defined by Dicey. He attributed the three meanings to the Doctrine of Rule of Law as (i) Supremacy of Law, (ii) Equality before Law & (iii) Judicial Independence, Judge made constitution and pre dominance of legal spirit. There has been wide and elaborate discussion on the rights and duties of Indian citizens as provided under the Constitution of India. Though right and duties of citizens are unseperable from each other, there is tendency of demanding rights by people rat ...READ MORE


THE RIGHT TO EDUCATION : A BASIC FUNDAMENTAL RIGHT

Irengbam Jugeshwar Singh, Principal, Royal Academy Of Law Oinam

Objectives:- To abolish illiteracy from the country To provide free and compulsory education to all children of age 6 to 14 years To ensure the child for an all round development of personality: physical, mental, moral and social. Introduction:- Education is the back bone of a nation. Without education, people cannot work productively, care for their health, sustain and protect themselves and their families or culturally enriched lives. Illiteracy makes it difficult for them to interact in society in a spirit of understanding peace, tolerance and gender equality among all people and groups. As Mahatama Gandhi the father of nation said, “Education certainly is a mean to all round progress of man, in other words the path way to human development goes through the lane of educa ...READ MORE


SIXTH SCHEDULE OF THE CONSTITUTION OF INDIA IN MANIPUR.

I. Lalitkumar Singh, Senior Advocate.

The tiny and glorious State of Manipur was a monarchial State before Manipur was merged into the Dominion of India with effect from 15th Oct., 1949 by signing the merger agreement between the dominion of India and the Maharajah of Manipur only on 21st September, 1949 at Shillong.  The Manipur had its own constitutional law and other laws enforced from time to time. The Indian Constitution under which provides such provision of Sixth Schedule came into force only from 26th January, 1950.  As such, in order to clarify the legal position of Sixth Schedule in the State of Manipur as it was a monarchial, independent country ruled by different monarchs from time to time before merger into the dominion of India, it is needed to trace out the source of legislation as to why and how such Sixth Sc ...READ MORE


LAWYERS AS PROFESSIONALS OR AS BUSINESS

Thoudam Manihar Singh, Advocate, High Court of Manipur

In any state there are different tribes or casts or communities. Only one community or tribe cannot live alone in a society.  Today’s scene of the present society reminds one of Wordsworth’s line, “The wealthiest man amongst us is the best, Plain Living and high thinking are no more.” It is forgotten that the essential difference between business and a profession is that while the chief end of business is personal gain, the main goal of profession is public service. I am proud and privileged to belong the profession of law. Every community of a state are to be united under the Rule of Law of the State. United we stand, divided we fall. There was a time when a lawyer was regarded with respect. And for good reasons, prominent Freedom Fighters belonged to the legal fraternity and pl ...READ MORE


ESSENTIAL QUALIFICATION OF MP/MLA IN INDIA

N. Kumarjit Singh, Senior Advocate

Creation of India India was under British Colonial Rule for many centuries. During the 18th/19th Century AD, there was a Freedom movement under the able leadership of Ratrapita Mahatma Gandhi, Pandit Jawaharlal Nehru, Sadar Balabhai Patel, Netaji Subaschandra Bos, etc. (to name a few). In course of time, soon after the 2nd World Ward, the British authorities decided to grant Freedom and Sovereignty to India. Consequently the 1st meeting of the Constituent Assembly of India took place in Constitution Hall, New Delhi, on Monday, the 9th December, 1946 at 11.00 a.m. and initiated all steps for framing a Constitution of India. In the meantime under the provisions of the Indian Independence Act, 1947, India attains Independence on the midnight on 15th August, 1947. The constituent Assembly ...READ MORE


REALM OF IMPUNITY AND JURIDICAL LANDSCAPE

Dr. N. Pramod Singh, L.M.S. Law College, Imphal

Sanctity of Judicial Review Law by itself is not an expression of justice as it is interpreted by the judges in such a manner as to provide justice to the needy people.  The judiciary upholds the supremacy of the rule of law and strengthens the sense of justice by defending the rights of individuals as a bulwark against the authoritarian actions of the state.  The rule of law ensures that everyman is bound by the ordinary laws of the land whether he is a private individual or a public authority.  It also serves as the core basis of judicial review over the arbitrary and capricious actions of the state with objective to keep them within the limits of law.  The constitution of India, being the supreme law of the land, precisely encapsulates the basic tenets of the principle of rule of l ...READ MORE


STATUS AND ROLE OF ASSISTANT PUBLIC PROSECUTORS OF MANIPUR IN OBLIVION

R.S. Reisang, Senior Advocate.

The role of Public Prosecutor in a criminal justice system has been very aptly put in the following words : “The Prosecutor has a duty to the State, to the accused and to the court. The Prosecutor is at all times a minister of justice, though seldom so described. It is not the duty of the prosecuting counsel to secure a conviction, nor should any prosecutor even feel pride or satisfaction by the mere fact of success.” [Centre for Public Interest Litigation and others Vs. Union of India and others, reported in (2012) 3 SCC 117].  Therefore, the Public Prosecutors enjoy a special status and a unique place in dispensing criminal justice system/administration by the criminal courts in India inasmuch as he is a holder of “public office’ and hold a “statutory post”. Needless to say ...READ MORE


NEED OF THE HOUR IS TO START CAMPAIGN FOR CHANGE UNDER THE BANNER OF “PEOPLE FOR CHANGE”

Khaidem Mani, Sr. Advocate

In our society in the State of Manipur, we have been facing various unending problems, such as corruption, injustice, human rights violations, crime against women, law and order, and failure in all respect. We may put a big question to ourselves that why and how we have been facing these unlimited various problems in our state? The BIG answer may be because of lack of governance or misgovernance. If the proper governance is there everything can be checked in a proper manner. Here I would like to mention that the most important problem is lack of governance or misgovernance in our State. So it can be said that misgovernance causes all these unlimited various problems and it may be termed as the mother of all the problems. Then, why this lack of governance or themisgovernance in our State? ...READ MORE


DIFFERENT SIDES OF TRUTH & LIES

R. K. Nokulsana Singh, Senior Advocate.

The Justice is within the reach of all whoever high or low irrespective of creed and cast. What is justice? According to DICTIONARY meaning, it is –(1) the quality of being just, (2) integrity, (3) impartiality, (4) rightness (5) the awarding of what is due, (6) just conduct (7) fairness (8) the exercise of authority in the maintenance of right. In the administration of justice in a Court of law, it is widely taken as (a) awarding of what is due (b) the exercise of authority in the maintenance of right. In the social trend and system in the modern days, two habits appear to be predominant – (i) Truth and (ii) Lies. The meaning of the two habits is always addressed to social trends. In Democracy, the rule of law always prevails. In parliamentary democracy, what the leader utters is tak ...READ MORE


LAWS DEROGATORY TO MUSLIM PERSONAL LAW

F.A. Khalid, Advocate

Islamic Law governs the Muslims who have faith in Prophet Mohamed, the founder of Islam. Islam is a religion based on the holy book Koran. The Koran is the word of Almighty God and it was revealed to the Prophet Mohammad through an angel known as Gobriel. The Koran is the main source of Islamic Law and no Muslim can go beyond Koran. Islamic Law of Mohammadan Law is applied for adjudication between the parties if both parties belongs to Muslim (AIR 1925 All. 720, Sayed Murtaza -v- Alhan Bibi). A Muslim has to admit the Koranic rules and those Ahadees (Traditions) which coincide with Koran and its basic principles have to be followed strictly. If no answer is found in Koran or Ahadees in any question only then one has to take advice from other source. Mohammadan Law is applied by Courts i ...READ MORE


DOMESTIC VIOLENCE TO WOMEN

Md.Jalaluddin, Advocate, High Court of Manipur, Imphal.

Causes of Domestic Violence – Higher rates of illiteracy and unemployment also contribute to increase domestic violence. Though statistical data reflects that women in urban areas are as much vulnerable to the threat of domestic violence as those in rural area, nevertheless, it can’t be denied that higher educated women are more apt to be economically self sufficient and less reluctant to end an unsatisfactory marriage by seeking legal remedies. Economic inequality between men and women is also a contributory factor to domestic violence. In many societies, majority of women are economically inactive and are dependent upon their husbands for financial support. In a country like India a women is idealised with the notion of passivity of dependence and submissiveness. These notions are ...READ MORE


CYBERCRIME AWARENESS AMONG THE PEOPLE

Santa Khaidem, Advocate

Technology has brought with it much advancement which makes our lives easier. Education and technology have been going hand in hand with each other from the beginning to till now. As an innovation tool, technology has played a central role in improving teaching and learning in light of educational reforms around the globe. An incredible drift in the field of education has been the use of information and Communication Technologies (ICT) which makes life more dynamic and practical. Internet has grown rapidly over the last decade and given rise to many awareness in the field of education, profession, business and entertainment. The integration of ICT into education has been assumed as the potential of the new technological tools to revolutionize an out moded educational system. Technology ha ...READ MORE


CRIME AGAINST WOMEN AND ITS PREVENTIVE MEASURES

Justice T. Nandakumar Singh, Senior Judge, High Court of Meghalaya

In India, women have been held in high esteem at all times, of women, the ancient law-giver, spoke in the most eloquent and reverential tones: “A father excels ten Upadhayas in glory But a mother excels a thousand fathers.” Taking blessings and inspiration from her, whatever works a man undertakes, succeeds. I myself following this principle I never go for important assignment without taking blessings of my mother by touching her feet. In Mahabharata, “The wife is half the man, The best of friends, The root of the three ends of life, And of all that will help in the other world.” Hillary Clinton observed that “It is past time for women to take their rightful place, side by side with men, in the rooms where the fates of peoples, where their children’s and grandch ...READ MORE


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