Posts

Showing posts with the label Legalstudiesgurukul

"Right to Health in India: Constitutional Provisions and Judicial Interpretations"

Image
The Supreme Court of India has stated that right to health is a bundle of rights which includes within its ambit several other fundamental rights. State the relevant constitutional provisions in this regard and support your answer with case laws.   Right to Health as a Bundle of Rights The right to health is not limited to healthcare access alone. It extends to various other dimensions that ensure overall well-being, forming a “bundle of rights” including: Right to Clean Environment : A healthy environment is essential for a healthy life. The Supreme Court has linked the right to health with environmental protection. Case Law 1.  Subhash Kumar v. State of Bihar (1991) : The Court held that the right to life includes the right to enjoy pollution-free air and water. Environmental degradation, which threatens public health, is a violation of the right to life. Right to Food : Adequate nutrition is vital for maintaining good health, and the right to food has been read into the rig...

Utres Valet Potior Quam Pereat in interpretation : Legal Maxim

Image
Utres Valet Potior Quam Pereat in interpretation : Legal Maxim In this article the meaning of the magazine is defined along with introduction , definition , application in the Indian legal system and conclusion.. Introduction  The magazine " Ut res magis valeat Quam pareat" is an important principle of interpretation of statute which means : "it is better for a thing to have effect then to be made void."institute should be interpreted to make it affect and operative rather than become white. Meaning of :  Ut res magis valeat Quam pareat in interpretation of statute  The magazine Ut res magis valeat Quam pareat Means "it may rather become operative then null".  That means while interpreting any provision or part of any statute the code should not lean towards a construction that render any prohibition or the statute right hence the court should always try to use those principles that will keep the statute in effect. Definition of the Maxim :  Ut res magis...

Linguistic politics in India

 Introduction  Language is one of the important factor which has exercised as deep impact on the politics as cast and religion.  The eight schedule of constitution recognise 22 different language. For example: Assamese, Bengali , Gujarati ,  Hindi , Nepali , Sanskrit, santhali , Telugu , Tamil etc    In India politics is influenced by various factors like caste ,class ,race , region, religion and among then language is one of the most . When. Countries politics is influenced by language then the politics is called as linguistic politics.  Examples   1. DMK in Tamil Nadu 2. TDP in Andhra Pradesh  Reasons for emergence of linguistic politics in India  The emergence of linguistic politics in India can be attributed to a combination of historical social and political factors here are some of the key reasons:  1..Diversity  India has over 19500 languages and direct and every language groups one protection and recognition on their in...