Background

Release us quickly over the foundation to this case. Under the old Article 124, the President was to choose judges in “counsel” with the Chief Justice, and other such judges that he may decide to counsel. In The Second Judges Case, a nine-judge seat of the Supreme Court held that “counsel” was to be perused to signify “simultaneousness”, and subsequently, settled the collegium framework, which updated the legal’s part from a formally consultative one, to one in which the three senior-most judges of the Supreme Court had the last word (“supremacy”) in arrangements. The 99th Amendment was Parliament’s endeavor to defeat the replacing so as to hold of the Second Judges Case Article 124 with another arrangement of sacred procurements, which built up the NJAC. Article 124A nitty gritty the piece of the NJAC. Article 124C assigned the points of interest of the choice procedure to parliamentary enactment, in compatibility of which the governing body encircled the National Judicial Appointments Commission Act.

Issues

As I had contended in my synopsis of the NJAC wrangle about, the Constitution Bench would be required to answer the accompanying inquiries:

124A: In light of the way that the Second Judges Case is tying upon the present seat,

(a) Did The Second Judges Case hold that legal freedom is influenced by the nature or way of legal arrangements?

(b) If yes, then did the Second Judges Case hold that legal supremacy in arrangements is a piece of the fundamental structure, on the grounds that it preserves legal freedom?

(c) If yes, then did the Second Judges Case additionally hold that legal power in arrangements is a fundamental prerequisite for the insurance of legal autonomy?

124C: In light of the way that under the Constitutional plan, arrangement of judges is a constituent force contained in the Constitution, is it steady with the detachment of forces to move it from the Constitution to the space of parliamentary enactment? Will the force of the parliament be moderately aggrandised to the detriment of the official and legal?

5 things Justice Chelameswar said in his objection

1) “Transparency is a crucial element in sacred governance.Transparency is a part of reasonability. The requirement for transparency is more on account of arrangement procedure. Procedures of the collegium were totally murky and blocked off both to open and history, excepting incidental breaks.”

2) Assumption that “supremacy of the legal” in the arrangement of judges is an essential element of Constitution “is exactly defective.”

3) There were situations where the summit court collegium “followed its progressions” in the wake of dismissing proposals of a specific name recommended by the High Court collegium giving degree for a lot of “hypothesis”.

4) “To hold that it (government) ought to be completely rejected from the procedure of delegating judges would be entirely unreasonable and conflicting with the establishments of the hypothesis of majority rules system and a doctrinal sin,”

5) “For all the aforementioned reasons, I would maintain the Amendment. In any case, in perspective of the lion’s share choice, I don’t see any helpful reason in inspecting the legality of the Act,” the judge said.

Conclusion

What then are the key property of the dominant part? I would outline them as takes after:

(1) Judicial arrangements, being an indispensable aspect of legal autonomy, are a piece of the fundamental structure.

(2) Judicial power in legal arrangements is likewise part of the essential structure.

(3) The collegium takes into consideration Executive investment while keeping up legal supremacy through the Collegium.

(4) The NJAC abuses the essential structure by getting rid of legal supremacy through its veto procurements.

What does this mean for what’s to come? Parliament can, on the off chance that it needs, get another NJAC. In any case, as per this judgment, judges will need to have the last word as a major aspect of that Commission – maybe through an express veto power.

For the reasons I have given above, I trust that the focal case of the dominant part, whereupon all else turns, is unverified; and going ahead, it chokes potential outcomes for another commission by requiring legal power in arrangement.

Written by:

PARAG SINGHAL (Research Associate)

NATIONAL LAW UNIVERSITY ODISHA

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He is involved in various programs of United Nations & its organs like UNESCO for the achievement of Sustainable Development Goals, he has been invited as a National Speaker to represent State of Uttar Pradesh at International Youth NGOs Summit organized by YouThink in July 2015

He is a Career Counselor too and delivers free career counseling lectures to the students of class 10th – 12th in his hometown. He has attended and  participated in more than 50 National & International Conferences & Seminars on Law being organized by various International & National Organizations.

   1. How would you like to introduce yourself to our readers ?

Firstly a law student and secondly a young social entrepreneur.

2. Was it pre decided to do law or was it by chance ?

Haha!! Well actually father is having a very respectable governmental job and all the maternal side is full of politicians having the red beacons on their vehicles which allure me to do something to have that on mine and I decided to earn the same through  a  more respectable career i.e. Law . So it was decided in Class 10^th only in 2009. But would like to mention that pursuing Law as a career was decided with the idea & determination of having beacon on my vehicle but now it took a different shape of endless service for Nation’s development.

3. You are actively involved in conducting career councelling sessions. How did this idea strike your mind .

In present days the school going students are very much confused about their career and they end up with something which is not of their interest and ultimately they get fail. So I thought that I should conduct career counselling sessions for the students from class 9^th – 12^th , the idea to pick the students from these particular classes is that, as I think in class 9^th a student become more mature because of  the total change in academic curriculum and also the age, so he/she gets capable enough to think about his/her career and can start early, now why up to 12^th , because if someone who is looking for a proper guidance and haven’t mentored or guided till now, he/she still have a chance and a whole year to think and understand which field is appropriate for him/her. Would also like to mention that “It’s never too late to start thinking about your career till you are in Class 12^th”

4. You are working as Chair, INBA, Section for law students. Tell us something about INBA and your initiatives there.

Indian National Bar Association (INBA) is a fantastic organisation with more than 8000 members globally, it’s the only bar association in India having a fully operational Students Section. INBA has 26 different sections and representations in more than 14 countries. INBA Section for law Students was set up in 2014 and till now it has emerged as the most popular and the most active law student body in India. We took the initiative of representing problems of various Law Colleges to Government and helped in resolving them, Major issues of  students from one of the National Law University has been also represented to Hon’ble Prime Minister of India Shri Narendra Modi for which his Excellency directed Ministry of HRD, Government of India for immediate appropriate actions. We also organise various Debate & Essay Competitions in association with prestigious companies like Novartis Pharmaceuticals & Qualcomm Inc. respectively on annual basis and the prizes of these competitions ranges from INR 50,000 to INR 1 lakh which creates a great participation and quality competition and the best thing is that INBA doesn’t charge anything from law students to participate in these competitions, We have also organise Facebook Q&A Session on Higher Education in association with Top Universities of U.S. & U.K. for the students who want to pursue their higher education from these countries. INBA Section for Law Students’ vision is to promote an awareness of justice and the rule of law across India, and helping law students to become a seasoned professional by giving them global platforms to learn & explore.

5. You were presented with “Youth Icon Award 2016” by Take Care India and Dr. APJ Abdul Kalam International Foundation on National Youth Day. Share with our readers about your exemplary works in social arena.

Haha!! Exemplary…I leave it on you to judge

I have worked with Nobel Peace Prize Laureate Shri Kailash Satyarthi’s NGO Bachpan Bachao Andolan (BBA) for more than a year (2012 & 2013) where I was a part of many various raids conducted in different parts of Delhi to rescue Child Labourers working in hazardous conditions, these raids were hard to conduct as there is always a danger of life during the same. I along with the BBA officials have also met over 60 Parliamentarians and have made a representation to all Members of Parliament including the Prime Minister of India as well as the leader of opposition, to develop a political consensus against trafficking and call upon them to seek their support for inclusion of trafficking in the Criminal Law Amendment Bill, 2013. Till now I have been a part of Kailash Ji’s Save the Childhood movement & Global March against Child Labour and find myself fortunate enough whenever I contribute to the noble cause.

In my hometown Agra I used to teach underprivileged children and help them in getting a basic/primary level education so that they can at least find some good jobs for their livelihood, till now I have personally taught more than 2,500 underprivileged children in Agra.

INBA also plays a very important role in making me a Social Entrepreneur as with the help of INBA I conduct free legal aid camps which helps the people who need legal help but are not able to spend money for it. It is my aim is to provide free legal aid to all the weaker sections of society.

It’s really a great honour to be presented with the prestigious “Youth Icon Award 2016” that too on National Youth Day which commemorates the Birth Anniversary of Great Swami Vivekananda who is an inspiration to all the young people. I am really thankful to Take Care India & Dr. APJ Abdul Kalam International Foundation for this and it will surely encourage me to continue my social work.

6. You were also awarded as the “Best Social Youth Entrepreneur” by the Government of Bangladesh and Dhaka Chamber of Commerce & Industry. Tell us something about the summit and your experience there

The Global Youth Entrepreneurs Summit (20^th – 22^nd November 2015) was organised by Dhrubotara Youth Development Foundation (DYDF) Bangladesh in association with Govt. of Bangladesh and Dhaka Chamber of Commerce & Industry to celebrate the Global Entrepreneurship Week at Bangladesh. Young entrepreneurs both Social & Business from more than 100 countries participated in the summit and had discussions on various topics like Global Entrepreneurship, ICT & Innovation, Human Rights & Good governance, Environment & Climate change, etc. Officials from both Government of Bangladesh and Dhaka Chamber of Commerce & Industry participated actively in the summit and I was fortunate to share the Dias with the one of the Minister of Bangladesh Government in the panel discussion on Human Rights & Good Governance. I have represented India through a speech & presentation on the topic Youth Entrepreneurs: Strengthening Indian Economy through “Make in India” which was appreciated by all.

The work I am doing in India as a Social Entrepreneur was very much appreciated by the Organisers and they found my ideas & views of “Promoting Social Entrepreneurship” very interesting and awarded me the “Best Social Youth Entrepreneur Award”.  I have made a lot of friends from various countries like Jordan, U.S., U.K., Indonesia, Kenya and South Africa and enjoyed the hospitality of the Bengali people.

7. According to you what is the role of moots and paper publications in a law student’s life.

Now, that’s a favourite question.

See when you enter a law school you don’t have anything mentioned  under the “Legal work experience” section of your CV which could grab the attention of a lawyer or a law firm to have you as an Intern (to be an Intern is the basic aspiration of a fresher law student). Moot Court Competitions & Research paper publications are something which a law student can start in his/her first year and build his/her CV (which help him/her to get internship and job afterwards). Moot Court Competitions gives a great insight of how & what all goes inside a court room and apart from this it makes you a good public speaker and a good researcher (qualities of a good lawyer & academician) because you have to speak and research a lot while preparing for a moot which is same in the case of research paper. And I suggest all the law colleges to have Moot Trainers to train the students.

From my experience of four and half year in the legal community , a fresher student in the internship selection process is always judged on his/her moot court experience and the number of papers he/she got published and also in Job his/her internships are counted. This creates a simple formula as follows:

Good number of participation in quality moot court competitions & paper publications = Good number of quality Internships = Good Job.

Would like to share with you all that in making me a good speaker and a complete mooter the only credit goes to my friend Sapna Arora who believed in me & trained me. She herself is a fantastic debater & mooter and has won awards on National & International levels in Moot Court Competitions.

8. Your message to our readers

We all are working in different capacities for bringing positive changes in the society, but who will continue this change after we all are gone??

The answer is ……our younger sisters and brothers …The Children. But these days we are having a major problem of Child labour prevailing in our society which needs to be ended.

So my message is simple “Try to stop child labour as you can and save the childhood, let them get educated as they are the one who will continue the positive change”

The post Interview: Manuj Bhardwaj, Chair, INBA (Section for Law Students) appeared first on Legal Desire Media and Insights.

• First Announcement :  8th February – 2016
• Abstract Confirmation :  11th February – 2016
• Full Paper Acceptance :  18th February – 2016
• Registration :  25th February – 2016

Link : http://www.conferencealerts.com/show-event?id=165055

http://www.modyuniversity.ac.in/ncnpmec/

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Themes:

1. Political Changes – Good governance, new political process, Africa and the World.

2. Economics Changes – Recent trade patterns, Changes in the economic structures, Investments and FDI.

3. Geographic Changes – Climate Change, demography.

4. Social Changes – Education sector, culture, changes in the occupational pattern, urbanization, ICT, cinema.

5. Third Mission

6. Security – Terrorism, Maritime security, Refugee problems, migration.

Important Dates

Abstract Submission : 28 th January, 2016

Submission of Complete paper : 5 th February, 2016

Brochure : http://www.du.ac.in/du/uploads/events/2016/15012016_AfricanSt_TransitionConference.pdf

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Submission of Papers : Participants intending to present papers before the Conference are requested to submit soft copy of the Full papers (neatly typed in MS word format with 1.5 line spacing 12 point Times New Roman font on A-4 size paper) incorporating the motivation, method of solution and important findings of their investigation to icmbe2016@gmail.com

Link : http://www.conferencealerts.com/show-event?id=161536

http://icmbe2016.wix.com/conference
Submission of Papers : Participants intending to present papers before the Conference are requested to submit soft copy of the Full papers (neatly typed in MS word format with 1.5 line spacing 12 point Times New Roman font on A-4 size paper) incorporating the motivation, method of solution and important findings of their investigation to icmbe2016@gmail.com

Link : http://www.conferencealerts.com/show-event?id=161536

http://icmbe2016.wix.com/conference

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Date :24- 26th March 2016

Important Dates:

Link : http://www.conferencealerts.com/show-event?id=165489

http://iba.ac.in/8th-iba-international-conference/

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GUIDELINES

• Authors should not mention their name or any kind of identification mark in the manuscript. Any manuscript found to have any details of authors shall be rejected upfrontly.
• Article shall be of 2500-10000 words, book reviews: 1000-1500 words, short notes and case comment: 1000-1500 words.
• All submissions have to be made in MS Word format with Font size 12 and 1.5 line space.
• Co-authorship is allowed to a maximum of 3 Authors. 3 separate certificates will be provided to each author.
• The piece should not be overly technical, but practical and engaging.
• Papers must be written solely by the candidate, in English, and may not have been submitted for publication elsewhere.
• All the claims of the authors, in the body of the manuscript, are expected to be backed by reasons along with proper citations [any uniform citation will do] and shall not be merely an assertion.
• Submission should also mandatorily include the author’s view, in the conclusion, taking into considerations the aspects/contentions discussed throughout the manuscript.
• Plagiarism is strictly prohibited and shall lead to immediate rejection.

PAPER SUBMISSION PROCEDURE

• The deadline for submissions is 11:59 PM Indian Standard Time on 31st January, 2016.
• Authors should send their papers using the “Submit Article” link on the website i.e. jlsr.thelawbrigade.com
• For any queries, contact us by clicking “Contact Us” Link on our website.

THE REVIEW PROCESS & OTHER INFORMATION:-

• It is the author’s responsibility to ensure that all references and citations are correct, and the submissions do not contain any material that infringes copyright or is defamatory, obscene or otherwise unlawful or litigious.
• The copyright of the manuscript will vest with The Law Brigade Group. Due accreditation will be given to the authors.
• For the purpose of anonymity, the author/s shall not disclose their identities anywhere in the body of the manuscript.
• The submissions will undergo a double blind peer-review process.
• The Editorial Board reserves the right for modification of the manuscript to maintain the standard and quality of the submission. The board will notify its decision and other relevant information through email.

PUBLICATION FEES [AFTER THE PAPER IS ACCEPTED]

The author/s are expected to deposit publication fee, once the research paper is accepted for publication. The mode of payment will be intimated to the author/s via email.

IMPORTANT DATES

Submission Deadline: 31st January, 2016

Intimation of Acceptance: 5^th February 2016

Date of Publication of Volume 1 Issue 2: 15^th February 2016

The post Call for Papers : Journal of Legal Studies and Research [JLSR] appeared first on Legal Desire Media and Insights.

• Identifying the social security issues and need for Indian women.

• Highlight gaps between the social security need of women and the social security schemes available to them.

• Creating financial and insurance awareness amongst women.

• Provide a platform for women to share their concerns and influence policymaking.

• How insurance could be used to bridge this gap in the social security system for women in India ?

Papers and presentations are invited on the following sub-themes and any other related theme:

a. Insurance and social security for women.

b. Social Security Schemes for women.

c. Micro insurance and women.

d. Role of women in Indian economy.

e. Women health and Insurance.

f. Old age pensions and women.

g. Insurance penetration/density and Female Insurance.

h. Role of Intermediaries in Female Insurance.

i. Way forward for social security Insurance for women.

ABSTRACT AND FULL PAPER

An abstract of the proposed paper should be sent in the TEXT BOX of the e-mail (not as attachment). The following information, in the given format, should be mentioned in the text box along with the abstract:

1. Name of Participant(s)

2. Occupation and Name of Institution/Organization.

3. Address, Phone number and E-mail ID.

4. Title of Abstract.

5. Abstract (in not more than 350 words).

6. The abstract should be in type face Times New Roman, Font Size 12 single spacing.

7. Recommended size of poster is 1metre x 1metre.

The abstract must be e-mailed with the subject as “ABSTRACT 2016: [YOUR NAME]” to sisconfnlu@gmail.com on or before 6th February,2016.

All abstracts will be peer-reviewed before they are accepted, and the decision of the organizers will be final and binding on any issues which arise. The presenters of selected abstracts will be intimated by 12th February,2016 and will be required to send the final paper on the same e-mail ID by 23rd February,2016. Selected Papers will be published in the form of proceeding of the Seminar. Awards will be given for best three papers.

REGISTRATION

Registration will be done only after the approval of abstracts.

No fees will be charge for registration.

IMPORTANT DEADLINES

1. For submission of abstracts: 6th February,2016

2. For approval of abstracts: 12th February,2016

3. For submission of registration form: 17th February, 2016

4. For submission of full papers: 23rd February,2016

BOARDING & LODGING All participants will be responsible for making their own travel arrangements. Accommodation will be provided to all outstation participants within the University Campus.

BEST POSTER AWARD: Each poster shall be evaluated by a panel of academicians/professionals and selected outstanding posters will be presented with Best Poster Award.

BEST PAPER AWARD: Each paper shall be evaluated by a panel of academicians/professionals and selected outstanding papers will be presented with Best Paper Award.

Address for Correspondence The Coordinators School of Insurance Studies National Law University NH-65 Nagour Road, Mandore, Jodhpur- 342304 Rajasthan, India Phone: +91-291-2577530, 2577726 E-mail: sisconfnlu@gmail.com

Brochure : http://nlujodhpur.ac.in/uploads/3981601140239.pdf

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Last date of registration : 28th January 2016

Date of Certificate course: 1-7 February 2016

Brochure : http://www.gnlu.ac.in/gnlunews/Information%20Brochure_CCICSC.pdf

Registration form :http://www.gnlu.ac.in/news-inner.php?newsId=373

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Duration: The course will be delivered in English through 13 hours of intensive lectures over a period of three days (4 – 4:30 hours per day).

Cost of the course: All participants: 2000/- INR (Excluding lodging and boarding)

Who should apply? We cordially invite all the law students and professionals passionate about sports and find the field of sports law interesting enough to make a career out of it. Sports enthusiasts from all the fields are most welcome.

Deadline : January 25, 2016

Brochure : http://www.gnlu.ac.in/gnlunews/GCSEL_%20Certificate%20Course.pdf

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