Veto is an executive power to prevent any bill becoming a law. Normally all the modern constitutions confer this power upon the executive in order to prevent any unconstitutional matter getting passed as a law. There are four types of veto namely:

1. Absolute veto
2. Qualified veto
3. Suspensive veto
4. Pocket veto

Absolute Veto: If the President declares that he withholds his assent to the bill presented to him, the bill is dead. The legislature cannot override this veto by any majority.

Qualified Veto: It is a veto that can be overridden by the legislature by an extraordinary majority (special majority) prescribed by the constitution or any law. In the USA, the presidential veto in certain bills can be overridden by the resolution of the legislature passed by a special majority. But in India this type of veto is not available.

Suspensive Veto: It is a veto that is overridden by a resolution passed by the legislature supported by an ordinary (simple) majority. The President of India enjoys this veto. According to the proviso of Article 111, when the President returns a non-money bill for reconsideration of the House, the President is exercising his veto power. He declares that he will give his asset to the bill in the form in which it is passed by the House. In that case, the House needs to reconsider and pass the bill again. It is the discretion of the House to either accept the recommendations of the President.

Once reconsidered and passed, the bill is presented to the President for his assent. At this juncture, the President does not have any choice but only to give his assent. Since the constitution does not prescribe any special majority for this the presidential veto is overridden by an ordinary (simple) majority. Hence, this veto is known as suspensive veto.

Pocket Veto: It is not a veto in the true sense of the term veto. It is a consequential power. The constitution does not prescribe any specific time limit within which the President needs to declare his decision on giving assent to a bill. Therefore, it implies that the President can take any length of time to decide on the bill. When the President retains the bill with him without declaring his decision, it is known as the President ‘sitting on the bill’. After the expiration of a considerable length of time, the bill may lose its relevance even if it comes to force and hence, it is almost dead. In such cases the President is said to have pocketed the bill. This is known as pocket veto.

INDIAN PRESIDENT—A COMBINATION OF VETO POWER

The President of India enjoys a combination of veto powers. He possesses a combination of absolute, suspensive and pocket veto. He enjoys these veto powers in accordance with the type of the bill. This is an executive power which the President is to exercise with the aid and advice of the Council of Ministers.

ABSOLUTE VETO

The President enjoys absolute veto with respect to:

• Ordinary bills passed by the Parliament: The ordinary bills passed by the Parliament can be absolutely vetoed by the President, on the advice of the Council of Ministers. After passing a bill the circumstance could change and a need for abolishing the bill may arise. For instance, in Jammu and Kashmir the legislature passed a bill that took away the right to inherit property for the Kashmiri women who married non-Kashmiri men. This bill met with huge public opposition and the government could not go ahead. So, the government advised the Governor to absolutely veto the bill. In case this power to absolutely veto the bill is not available, it would require another law to replace it or to declare it invalid. That would be a cumbersome and expensive process. However, in practice absolute veto is usually exercised in case of Private Member’s Bills. With respect to Government Bills, absolute veto is exercised in circumstances when the government resigns or removed.
• Money Bills passed by the Parliament: Although the Money Bills are introduced in the Parliament with the previous recommendation of the President, it does not bind the President to give his assent. Since, it is introduced on his recommendation he cannot return the bill for reconsideration. Article 111, expressly prohibits the President form returning the Money Bill for reconsideration. If he needs any clarification on the bill, he has to clarify at the stage of introduction itself.
• Private Member’s Bills: A bill introduced by the member who is not a minister is known as Private Member’s Bill. The President absolutely vetoes the bill if the Council of Ministers advised him to veto the bill.
• Financial Bills passed by the Parliament: Financial bills are Ordinary Bills for all the practical reasons of passage in the Parliament. Hence, such bills can also be absolutely vetoed.
• State Bills reserved for his consideration: According to Article 200, the State Bills can be reserved for the consideration of the President. The Governor of the State is empowered to reserve the bills, including the money bills, presented to him for assent. According to Article 201, the President has the powers to veto the bills absolutely.

SUSPENSIVE VETO

The President enjoys suspensive veto with respect to the Ordinary Bills including the Financial Bills of both the union and the States. In any case, the President cannot return a Money Bill for the reconsideration of the House.

POCKET VETO

Since the constitution does not prescribe any time limit for the President to declare his decision, the President can retain any bill submitted to him. Thus, over a period of time the bill might lose its relevance and be dead. The postal amendment bill passed in 1984 was pocket vetoed the President.

CONSTITUTIONAL AMENDMENT BILLS

After the 24th Amendment Act, 1971, the President does not enjoy any veto power with respect to the constitution amendment bills. Article 368 (2), makes it mandatory for the President to give his assent to the constitution amendment bill when passed by both the Houses of the Parliament and presented to him for his assent. Thus, the President of India enjoys a combination of veto power.

According to Article 53, all the executive powers of the union are vested in the President. The executive powers of the President are multidimensional in character and it includes the powers of the nature of:

• Administrative powers
• Legislative powers
• Pardoning powers
• Military powers
• Diplomatic powers
• Miscellaneous powers

Although these powers are classified into many groups, they are executive powers of the President which he shall exercise only with the aid and advice of the Council of Ministers.

(a) Administrative Powers: Administrative powers are those are required for the purpose of the making and implementing policy, law and administrating the departments of the government. The administrative powers include:

1. The power to appoint and remove persons to various offices under the Government of India. All the constitutional offices such as Prime Minister, Council of Ministers, judges of Supreme Court and high courts, Comptroller and Auditor General of India, members of UPSC, etc.
2. Most of the incumbents, except a few such as the judges of Supreme Court and high courts, Comptroller and Auditor General of India, hold office during the pleasure of the President. For instance, the ministers of the union hold office during the pleasure of the President. [Article 75 (2)]. Therefore, the President also the powers to remove those who he appoints from office.
3. According to Article 77, the President has the powers to ‘make rules for the more convenient transaction of the business of the government’. He also has the powers to allocate the portfolios to the ministers. Exercising this power, the President has made the Allocation of Business Rules and Transaction of Business Rules.
4. Article 77 also empowers the President to create and abolish various ministries and departments.
5. According to Article 78, the President as the head of the State and administrative head, has the powers to:
   1. Be informed about the decisions of the Council of Ministers relating to the affairs of the union.
   2. Call for any information relating to the administration of the affairs of the union.

These are the duties of the Prime Minster. Thus, Article 78 confers upon the President the power to supervise and call for report. These are some of aspects of the executive power.

(b) Legislative Powers: The legislative powers of the President are the executive powers of legislative nature because such powers are exercised by the President in accordance with the aid and advice of the Council of Ministers. Also, they are subjected to judicial review. The Legislative powers include:

1. Article 79: The President is part of Parliament.
2. Article 80: The President has the powers to nominate twelve members to be nominated from among the ‘persons having special knowledge or practical experience in respect of literature, science, art and social service’.
3. Article 331: President has the powers to nominate two members of the Anglo-Indian community, if in his opinion the community is not adequately represented in the House of People.
4. Articles 85 and 108: The President has the power to summon and prorogue the Houses of the Parliament from time-to-time. However, he has to ensure that not more than six months expires between the last sitting of the previous session and the first sitting of the next session. He also has the power to dissolve the Lok Sabha, when the term of the Lok Sabha expires or whenever it is required and call for election. Article 108 provides for the power of the President to convene a joint sitting of both the Houses of the Parliament to resolve the deadlock between the two Houses in respect of an Ordinary Bill.
5. Articles 86 and 87: Provides for the right of the President to address the Houses of the Parliament and send messages to the Houses. The President can address the Houses either separately or jointly. For the purpose he can require the attendance of the members. The President also has the right to send messages to the Houses. Article 86 provides for the special address by the President. The first session after every general election to Lok Sabha and the first session of the Parliament every year begin with the President’s address. The President informs the members the cause of the summoning of the Houses.
6. Previous Sanctions to Bills: Certain bills can be introduced into the Parliament only the previous recommendation of the President. Such bills are:
   1. Bills relating to creation of new states or the alteration of the names, areas or boundaries of any existing State (Article 3).
   2. The bill providing for compulsory acquisitioning or requisitioning of property under Article 31A.
   3. Money Bills can be introduced only with the previous recommendation of the President (Article 117).
   4. Any State Bills imposing restriction upon freedom of trade (Article 304).
   5.  Bills affecting taxation in which States are interested [Article 274 (1)].
   6. A bill which, if enacted and brought into operation, would involve expenditure from the Consolidated Fund of India shall not be passed by either House of Parliament unless the President has recommended to that House the consideration of the bill [Article 117 (3)].
7. Assent to Bills: According to Article 111, after a bill passed by the Houses of the Parliament, it is presented to the President for his assent. When a bill is presented to him the President may:
   1. Declare that he gives his assent, in this case the bill will become a law or;
   2. Declare that he withholds his assent, it means the President has vetoed the bill and the bill is dead or;
   3. Return the bill to the House in which it originated for reconsideration, with or without certain recommendations for amendment.
8. Ordinance Making Power (Article 123): Article 123 confers upon the President the power to promulgate ordinances in certain circumstances/contingencies when the Parliament is not able to enact a law. ‘If at any time, except when both the Houses of Parliament are in session, the President is satisfied that the circumstances exist which render it necessary for him to take immediate action, he may promulgate’ ordinances.

(c) Pardoning Powers: All the modern constitutions confer the powers to pardon upon the executive. It is an executive power of judicial nature. It is vested in the President to correct any error that may occur in the judicial decisions for no human system is perfect. The pardoning powers of the President comprise a group of five powers, each having distinct significance and legal consequence namely:

1. Commutation
2. Remission
3. Respite
4. Reprieve
5. Pardon

Commutation: It means to substitute one form of punishment with another punishment of lighter character. For example, reducing the death sentence to life imprisonment is commutation.

Remission: It means to reduce the amount of punishment without changing the character of the punishment. For example, it is to reduce the number of years of imprisonment to a convict.

Respite: It is to award a lesser punishment instead of the prescribed punishment in view of certain special reasons such as the age of the convict or pregnancy of a woman.

Reprieve: It is to stay the execution of a sentence during when the petition for pardon is pending before the President or the Governor.

Pardon: It absolves the offender from all sentences, punishments and disqualifications.

According to Article 72, the President can exercise the above powers with respect to any offence committed against the law enacted by the union Parliament. The President is the only authority who can grant pardon in respect of:

1. All cases in which the sentence is one of death;
2. A sentence of a court martial.

The Constitution of India does not specify the manner in which the President to exercise the pardoning powers. He has to exercise the power only in accordance with the aid and advice of the Council of Ministers, like other powers. According to a series of decisions of the Supreme Court and of some high courts:

1. The exercise of the power by the President under Article 72 is primarily a matter for his discretion and the courts would not interfere with his actual decision on the merits.
2. But courts exercise a very limited power of judicial review, to ensure that the President considers all relevant materials before coming to his decision.
3. The President can, in the exercise of this power, examine the evidence afresh. In doing so, he is not sitting as a court of appeal. His power is independent of the judiciary. He can, therefore, afford relief not only from a sentence which he regards as unduly harsh., but also from an evident mistake.
4. The President is not bound to hear a petitioner for mercy before he rejects the petition.

(d) Military Powers: According to Article 53 (2), the President is the supreme commander of the armed forces and the exercise of this power is regulated by the law. Thus, the President is only authority who can declare war and peace.

(e) Diplomatic Powers: The President is the only authority who delegates the Indian envoys to foreign countries and it is to him the foreign envoys submit their credentials.

(f) Miscellaneous Powers: Other powers of the President than the above are included in the miscellaneous powers. Such powers include:

1. Administration of the Union Territories: Union Territories (UTs) are under the direct administration of the Union government. The President carries out the administration of the UTs. The administrator is responsible only to the President. Final legislative power to make regulations with respect to Andaman and Nicobar Islands, the Lakshadweep, Dadra and Nagar Haveli is with the President. According to Article 240, President has the power to amend any law of the Parliament to apply to these UTs. He may even repeal any law relating to the UTs.
2. Administration of Tribal areas: With respect to the Scheduled Area and Tribes and Tribal Area in Assam the President has certain special powers which are mention below:
   1. The President has the power to declare any area to be a Scheduled Area. He also has power to alter the Scheduled Area (Schedule V Para 6).
   2. According to Para 4 of Schedule V, the President has the powers to direct the establishment of a Tribes Council in the States having Scheduled Tribes.
   3. The regulations made by the Governor of a State for the peace and good government of the Scheduled Areas has to be submitted to the President and assented to by the President for it to come to effect [Schedule V Para 5 (4)].
   4. President has the powers to give directions for the administration of Scheduled Areas and direct the Governor to make report on the administration [Schedule V, Para 3].
3. Special Powers in respect of Scheduled Castes and Scheduled Tribes: The President has certain special powers and responsibilities regarding Scheduled Castes and Tribes:
   1. According to Article 341, the President has the power to draw up the list of Scheduled Caste in the States and UTs in consultation with the Governor.
   2. According to Article 342, the President has the power to draw up the list of Scheduled Tribes in the States and UTs in consultation with the Governor.
4. Emergency Powers: The emergency powers are vested in the President. Articles 352 to 360 deal with the emergency powers. Article 352 provides for National Emergency. According to Article 356, the President can proclaim constitutional emergency based on the report of the Governor or otherwise. Article 360 confers the power to proclaim financial emergency.
5. Other Powers: According to Article 213, the President has the power to give instructions to the Governor to issue ordinances in case the bill containing the same provisions requires the previous sanction of the President. The President can refer any matter of public importance to Supreme Court for its opinion.

I believe the human mind is far superior to computers and it’s unfair to compare the two.

-Shakuntala Devi

Shakuntala Devi (4 November 1929 – 21 April 2013) was an Indian writer and mental calculator, popularly known as the “Human Computer”. Born on November 4, 1939, Shakuntala Devi could not receive any formal education due to financial constraints. She was admitted to St Theresa’s Convent in Chamarajpet (Bengaluru) in Class I, but had to drop out as her parents could not afford the monthly fee of Rs 2. When she was just six years old, Shakuntala displayed her arithmetic abilities at the University of Mysore.

In 1977, at Southern Methodist University, Shakuntala Devi gave the 23rd root of a 201-digit number in 50 seconds. Her answer—546,372,891—was confirmed by calculations done at the US Bureau of Standards by the UNIVAC 1101 computer, for which a special program had to be written to perform such a large calculation.

On 18 June 1980, she demonstrated the multiplication of two 13-digit numbers—7,686,369,774,870 × 2,465,099,745,779. These numbers were picked at random by the Department of Computing at Imperial College London. She correctly answered 18,947,668,177,995,426,462,773,730 in 28 seconds, which was the time taken by her to speak the answer. This event was recorded in the 1982 Guinness Book of Records.

In 1988, she travelled to US to have her abilities studied by Arthur Jensen, a professor of educational psychology at the University of California, Berkeley. Jensen tested her performance at several tasks, including the calculation of large numbers. Jensen published his findings in the academic journal Intelligence in 1990.

In 1977, she wrote The World of Homosexuals, the first  study of homosexuality in India, for which she was criticized. In the documentary For Straights Only, she said that her interest in the topic was because of her marriage to a homosexual man and her desire to look at homosexuality more closely to understand it.

In addition to her work as a mental calculator, Devi was a notable astrologer and an author for several books, including cookbooks and novels.

                                                                                                  -SHUBHANKAR

This footballing season has been one of its kind in many years. With the coronavirus pandemic halting the season in between, the season went on for long than ever anticipated. But for football fans, its football and football all around. The new season of the English Premier League begins in September, 2020. With the previous season being one of the most unpredictable one, with Liverpool winning their 1^st title after 30 years. The side which never looked to compete for a place in the top 4 before the 2019/20 season started, finished in the top 4, i.e., Manchester United. With the new season approaching, we look at the possibilities of who could be title contenders this season, and who are the contenders for the top 4 positions in the league.

With the huge transfers made by Chelsea already, they have invested brilliantly in youth and with Frank Lampard at the helm, Chelsea are the ones who could challenge for the Premier League title next season with the likes of Liverpool and Manchester City. The other contenders as earlier stated would be the same two opponents who have performed brilliantly over the past two seasons, Manchester City and Liverpool. With Liverpool winning the title this season and with the quality of players they have, like Sadio Mane and Mo Salah and with their ever determined captain Jordan Henderson. For Manchester City, this could be a defining point in Pep’s career, with every team getting stronger and with Manchester City not having a good season this time, the next season is very crucial for Pep as a manager and Manchester City as a team. These three are the real title contenders of what I feel given the squads they have and the form they displayed the previous season. But if I am given a situation to pick one team for the title, I would choose Chelsea over the other teams.

As we know that the Premier League is a long tournament, with 38 games to be played by each and every team. And with the young and enthusiastic squad Chelsea have got, they are certainly top contenders. Also, with a manager like Frank Lampard, who has spent most of his footballing career at the Stamford Bridge, this is surely the big bonus for Chelsea. Also, with Manchester City juts falling a little bit apart this season and with not such a strong defensive line, they would not make it to the title I guess this season. And as far as Liverpool are concerned, they would be the closet to challenging Chelsea this season. For the top 4, I feel the obvious 3 places will be taken by Chelsea, City and Liverpool and for the 4^th spot there will be tough competition between the other top sides which are in rebuilding process. Yes, I’m talking about Manchester United, Arsenal and Spurs. With this season being brilliant for Manchester United, the same wasn’t the case for Arsenal and Spurs. Arsenal had a distortful season, just able to finish in the top 10 somehow. But I feel they would do a lot better next season with Arteta at the helm. What Arteta needs to do is find some useful defensive line so that they can fight for a Champions League spot next season. And now talking about Spurs, I feel they have a better chance of qualifying for the Champions League with a world class manager like Jose Mourinho. But for what has so far transpired in the transfer window, I feel Manchester United would once again be in the top 4 next season, with the type of squad they have. Be it the likes of Bruno Fernandes, Paul Pogba or the defensive line headed by the captain Harry Maguire.

This is my prediction for the next season in the English Premier League starting in September.

we don’t allow a stranger to enter into our dealings or contracts and that is why the rule of privity came into existence. However, there are exceptions to this rule. i have tried to explain the same in this article.

The concept of privity of contract says that there cannot be a stranger to a contract. It means that any third party to a contract cannot involve into of the contract. This means that he/ she who is not a party to the contract does not hold the right to sue or cannot sue a party to the contract. This right is reserved only to the parties of the contract. This means that privity of contract is a legal doctrine that confers rights and imposes duty only on the parties to the contract and no stranger or a third party.

This is mainly because only the parties to the contract are in a legal relationship and not the other party and therefore, they are only answerable to each other when there is a breach of contract and the third party is not given the right to interfere. This principle has evolved with the change in time. Here, we must understand two major parts of the privity rule namely: –

1. Privity of contract

The concept of privity of contracts mainly talks about who is eligible to sue or can be sued in a contract, which is dispute redressal mechanism in a contract.

• Privity of consideration

To understand the privity of consideration, we must look into sec.2(d) of the Indian contracts Act,1872 which states that (When, at the desire of the promisor, the promisee or any other person has done or abstained from doing, or does or abstains from doing, or promises to do or to abstain from doing, something, such act or abstinence or promise is called a consideration for the promise)  at the desire of the promisor the promise or any other person ( which may be a person who is not a party to the contract ) has given the consideration. This tells us that as long as the consideration is given, it is immaterial who has given it.

However, there are a few exceptions to the rule of privity.

One of those is Trust or beneficiary. A trust is an organisation set up in the objective for giving some sort of benefit to the beneficiaries. It is a fiduciary relationship in which one party is the trustor and the other party is the trustee.  The beneficiary Is a person who receives benefit from the contract between the trustor and trustee. It is considered that beneficiary is a third party to this contract and therefore will not be able to sue the trustor or trustee in case of any breach of contract if the privity rule is followed. But by the breach of the contract between the trustor and trustee, the beneficiary is affected and therefore he/she must be allowed to sue the parties to the contract in case of any breach and thus, it is declared as an exception to the privity rule.

An example for the beneficiary rule is

 A executed an agreement with B’s father in the consideration for B’s marriage with A’s son will give Rs500 every month. Both the husband and wife were separated and the suit was brought by the daughter and she was not a party to the contract. It was held that thought the daughter was not a party to contract, she is eligible to file the case because she is a beneficiary to the contract[1]. This case stands as an exception to the privity rule.

An example for Trust  

A was appointed by his father as his decedent and was given the entire estate. In return Agreed to pay a certain amount and give a village to B. But A failed to do this. It is observed that the A’s father is the trustor, A is the trustee and B is the beneficiary in this case. This is because B is receiving a benefit from the agreement between A and A’s father. The question is whether B can sue A? The court said that B is eligible to sue A though he is not a party to the contract in this case because it is an exception to the privity rule[2].

Therefore we can conclude that trust and beneficiaries are an exception to the privity rue and they possess the right to sue a party to the contract even though they are not party to the contract.

[1] Khwaja Muhammad Khan v. Husaini Begum 1910 SCC OnLine PC 15:(1909-10) 37 IA 152.

[2] Rana Uma Nath Bakhsh Singh v. Jang Bahadur 1938 SCC OnLine PC 41: AIR 1938 PC 245.

There are many cases related to the doctrine of basic structure and the wagon mound case is one of the most famous cases under this doctrine. it is explained below:-

The wagon mound case.

The wagon Mound was an oil burning vessel that was charted by the appellants, overseas Tankship ltd. was taking fuel at the Sydney port and the respondents, Morts Dock Company, owned a Wharf where repairs and of a ship and welding works were going on there. Due to negligence of appellant’s servants a large quantity of oil spilt out of their possession and it was carried on to respondent’s wharf. this resulted in molten metal with water and fire causing a damage to the wharf and equipment. it was said that the appellants could not forsee that the oil would catch fire. The trial court applied the rule of directness and held that the appellants are liable. Privacy council held that the appellants are not held liable. The rule of proximate cause was established in this case for the first time.

CASES RELATED TO DOCTRINE OF REMOTENESS OF DAMAGES IN INDIA

1. Municipal Board, Kheri vs Ram Bharosey And Ors.[1] 

FACTS

The plaintiff granted a license to build a flour mill next to the respondent’s house and the house of the respondent was damaged due to the vibrations produced by the mill.

HELD

The Allahabad High Court held that the plaintiff will not be held liable because the damage did not arise as a direct consequence of the plaintiff’s act of granting the license. The court also laid down the following tests of remoteness: –

1. Consequences intended by the wrong doer are will not be considered too remote.
2. Consequences that are reasonable and probable will not be considered too remote.
3. Consequences that are direct are not too remote even if they could not have been reasonable of foreseen.  

1. Shantaben Ambalal Sutaria and … vs Valjibhai Harjibhai Patel And ors.[2] 

FACTS

the plaintiff who was returning home was knocked down by a vehicle causing multiple fractures to the person. the plaintiff was treated in the hospital for a few days and was later discharged. The plaintiff faced complaints after that and died after a few days.

HELD

The court held that there is no definite and direct relation between the dearth of the plaintiff and the accident and therefore the defendant will not be completely held liable.

10. CONCLUSION

Remoteness of damages in torts is defined using many tests and conditions. It is important to decide if the damage caused due to the tort is direct or too remote. This will help us in understanding if the plaintiff can claim for damages or not. The plaintiff must prove that the damages caused to him are not remote but direct and it was foreseeable and therefore he/ she can claim for damages.

The doctrine of remoteness of damage tells us that an event amounting to a wrong can be leading to many consequences which are interconnected leading to a series of acts or wrongs.

The damages can accordingly be proximate, direct, remote or too remote.

As explained using case laws, we can understand that in the case of remoteness of damages the decision held by the courts are mainly based on the facts and circumstances of the case and there is no hard and fast rule to decide. But a few principles as explained can help in drawing the line between direct and remote damages.

[1] A.I.R. 1961 All 430

[2] II (1992) ACC 553

i am sure you heard of butterfly effect. did u know that it has a role to play in the tort law. The concept of remoteness of damages talks about the effect of one act on another person’s rights even if the person is nowhere related to the tortfeasor or his acts.

DOCTRINE OF NATURAL OR PROBABLE CONSEQUENCE

The doctrine remoteness of damage is also called doctrine of natural or doctrine probable consequence. It proved that a plaintiff is not to be entitled to get damages if the damage sustained by him is too remote a consequence of the defendant’s conduct. The chain of causation between the defendant’s act and the plaintiff’s injury must not be too indirect for no man is liable in law “ad infinitum” for the consequences of his act.

For example, the plaintiff’s dredger was negligently damaged and was sunk by the defendant.

At that time the plaintiff was into a contract and he needed the dredger to discharge his labilities as a part of his contract. The damage of the dredger effected the plaintiff indirectly.

It was held that the plaintiff cannot claim for damages for additional contract hire expenses because the defendant could not have foreseen the loss caused to the plaintiff.[1]

TESTS OF REMOTENESS OF DAMAGE

The problem of remote and proximate damages can be solved using the following tests: –

1. The test of reasonable foresight

According to this test, the consequences of an act can be foreseen be a reasonable man, then they are not too remote and the plaintiff can claim relief under those circumstances.

This test was upheld in Pollock C. B in Rigby v. Hewit[2] and Greenland v. Chaplin[3].the

• The Test of directness

According to the test of directness, a person will only be liable for the direct consequences of his act, whether he could foresee them or not, because consequences which directly follow a wrongful act are not too remote to the act.

            The test of reasonable foresight was rejected and the test of directness was upheld to be more appropriate. In the case of Smith v. London and south Western Company[4], It was held that the railway company had breached their duty and were negligent and in allowing the heap of trimmings of grass near a railway line during such weather conditions. Therefore, the damages are not too remote.

PRINCIPLES AND RULES INVOLVED IN CONSIDERING THE OUESTION OF REMOTENESS OF DAMAGE.

Lord Rodger developed these principles of remoteness of damages. He summarised it into 5 main principles as explained below: –

1. The respondent will not be held liable for consequences that he/ she cannot foresee as the consequences of the act.
2. The circumstances will decide weather the respondent is liable or not and it may not be the same for all cases.
3. Considering the second principle, if the injury to the plaintiff is foreseeable, the respondent will be liable, even if the damage to a greater extent was foreseeable or it could not have been foreseen.
4. The respondent must take his victim if he finds him.
5. Where the personal injury to the pursuer is reasonably foreseeable by the tortfeasor, he will be held liable for personal injury. The injury suffered by the pursuer as a result of wrongdoing may be physical or psychiatric.    

 RULES RELATING TO REMOTENESS OF DAMAGE

• Egg-shell skull Rule

This rule is an exception to the rule in Wagon Mount. This rule proves that “to the effect that the amount of damage need not be foreseen at least so far as the physical condition of the victim is concerned, abnormal existing at the time of wrongful act do not negative casual connection.”

 This rule is called the egg shell rule because egg shell is fragile and it should be moved from one place to with care and similarly the defendant cannot cause any harm to a person who is week.

• Novus Actus rule

This rule talks about human intervention between the wrongful act and its consequences. This rule says that if there is an intervention of a third party

And the plaintiff sufferers a loss due to this, then the defendant will not be held liable for the damage caused. A consequence will be considered too remote if the chain of causation between the wrongful act and plaintiff’s damage is broken by an intervention of a new act by the third party.

[2] (1850) 5 Ex.240.

[3] (1850) 5 Ex. 243.

[4] (1870) L R 6 C.P 14.

DAMAGES AND REMEDIES

to understand the concept of remoteness of damages, it is important for one to understand the basic meaning and definition of remedies and damages.

Remedy is a means employed to enforce a right or redress an injury.

According to Tomlin “Remedy is the action or means given by law for the recovery of a right; and it is a maxim of law that whenever the law gives anything, it gives a remedy for the same.”  

In simple terms we can say that a remedy is the action or means given by the law for the recovery of a right.

There are mainly 2 kinds of remedies under torts namely: –

1. Judicial
2. Damages
3. Injunctions
4. Specific restitution of property
5. Extra – judicial.

Damages means loss or injury. When plaintiff suffers loss or injury due to the wrongful act of the defendant then he/she is entitled to receive damages from the defendant or respondent.

Black’s law dictionary states that “By a damage we understand every loss or diminution of what is a man’s own, occasioned by the fault of another. The definition of damage extends the notion beyond a man’s goods. His life, his limbs , his liberty an exemption from pain, his character or reputation, are all his own in a strict and proper sense; so that the loss or diminution of any of them gives him a right to demand reputation from those by whose fault they have been lost of diminished.”

The damages can be classified into the following categories; –

1. General damages
2. Specific damages

The primary object of awarding damages in an action of tort is to offer pecuniary compensation to the party injured. The nature of damages is generally compensatory.

LATIN MAXIM AND DEFINITIONS
To further understand the concept of remoteness of damages, we can use the legal maxim behind this concept and the definitions or views of great scholars about the topic.

LEGAL MAXIM- “injure non remota causa sed proxima spectator”

This means that in law, the immediate and not the remote cause of any event is regarded.

The consequences of wrongful act may be endless but the defendant or tortfeasor cannot be held liable for all the consequences followed by the wrongful act. The defendant is only liable for consequences that are not too remote or proximate. The consequences of the act must me foreseeable and only then plaintiff can claim for relief from the respondent or defendant.

For example, if a dog escapes from the possession of its owner and gets into the neighbour’s house and bites the neighbour and the dies because of a rear disease that he had. Here, the owner of the dog will only be liable for negligence and not for the dearth of the neighbour because that is an unforeseen circumstance and this is too remote for the tortfeasor or defendant to estimate.

Lord wright- “the law cannot take account of everything that follows a wrongful act; it regards some subsequent matters outside the scope of its selection, because it was infinite for the law to judge the causes of causes, or consequences of consequences. In the varied web of affairs, the law must abstract some consequences as relevant, not perhaps on ground of pure logic but simply for practical reasons.”

Lord Campbell- “the damage is too remote,” when the damage and loss are not sufficiently concatenated as cause and effect.”

Salmond and Houston- “while dealing with the doctrine of remoteness of damages the following conclusion with both on principle and authority seem to be indisputable.

In the first place, an event may be the consequence of several causes.

Secondly, the doctrine of remoteness of damage is not limited to wrongs of negligence but also applies to wrongs of all kinds.

Thirdly, a consequence cannot be held to be too remote if it was actually intended by the wrong doer.

Fourthly, the question of remoteness of damage, arises only after it is established that the defendant has been guilty of wrongful act.

 Fifthly, remoteness of damage is one of fact.” 

Doctrine of severability says that all those pre-constitutional laws that are not inconsistent with the post constitutional laws will not be legally valid according to this doctrine. the case will help us in understanding this concept in a better way.

STATE OF BOMBAY AND ORS. Vs. F.N. BALSARA

Citation – AIR 1951 SC 318, (1951) IIMLJ141, [1951]2SCR682

Bench–

 Saiyid Fazl Ali, M. Pantanjali Sastri, B K. Mukherjea, Sudhi Rajan Das and Vivian Bose.

Facts–

 Balsara filed petition in the Bombay High Court. He requested for passing an order for forbidding the state and the prohibition commissioner from enforcing the provisions of the Bombay prohibition act,1949. He prayed for granting him the assent to (a) allow him to have the right to consume, possess and use and import and export through the customs certain goods like whisky, brandy, wine and other alcoholic products and medical preparations using these products. (b) to not interfere and restrain him from exercising his rights and he should not be penalised for the same. The petitioner requested for passing an order under the specific relief act.

Issues–

 1) whether keeping and selling the alcohol mixed medicines and other products can be prohibited or not?

2) whether the act fell under Entry List II of the Government of India Act, 1935  namely, “intoxicating liquors, that includes, the production, manufacture, possession, transport, purchase, and sale of intoxicating liquors”, or under Entry 19 of List I  namely, “import and export of liquors across customs frontier”, which is a Central subject?

3) whether the act as a whole must be declared void or only the provisions that are unconstitutional must be declared void?

Arguments of Parties:

The petitioner Balsara requested the Court to pass an order to allow him to have the right to consume, possess and use and import and export through the customs certain goods like whisky, brandy, wine and other alcoholic products and medical preparations using these products and to not interfere and restrain him from exercising his rights and thus wanted the government not to object under the Prohibition act in the use of his personal rights and may not take any action against them.

But the respondent opposed it as the right to consume or possess alcoholic products is prohibited by the Bombay Prohibition Act.

This case was challenged on the ground that it incidentally encroached upon import and export of liquors across custom frontier- a Central subject. It was contended that the prohibition, purchase, use, possession and sale of liquor will affect its import

Judgment:   

Decision in High Court:

The High Court, agreeing with some of the Petitioner’s allegations and not agreeing with some others, declared some provisions of the Bombay Prohibition Act as legal while some others as illegal. Aggrieved with the decision of High Court both the State Government as well as Balsara, with the permission of High Court, file appeals before the Supreme Court, against the Decision. 

Decision of Supreme Court:

The Supreme Court held that if any act passed by the State Legislature, prohibits or controls the export of the things mentioned in Entry 27 or 29 of List (II) outside the boundaries of the State, then the Act is illegal, but that Act has been passed on the basis of the Entry 31 of the List, Section 297(1)(a), therefore does not apply to it. It also held that the provisions of the Bombay Prohibition Act, 1949 which were declared as void did not affect the validity of the entire act and therefore there was no necessity for declaring the entire statute as invalid. The Supreme Court gave weight to Article 47 which directs the State to bring about prohibition of consumption of intoxicating drink except for medical purposes- to support its decision that the restriction imposed by the Bombay Prohibition Act was a reasonable restriction on the right to engage in ant profession or carry on ant Trade.

The Supreme Court declared illegal those provisions of the Bombay Prohibition Act which were regarding keeping alcohol-mixed medicines and toilet goods, selling and buying them and also using them etc as violation of Article 19(1)(g) of the Constitution and the rest of the provisions, legal. It was also decided that an Act, by declaring certain provisions thereof as illegal, cannot be wholly declared as illegal. Hence, selling and keeping of alcohol mixed medicines and other products are not prohibited and are legal.

Analysis:

This case explains that the law is void only to the extent of the inconsistency or any action which offends against a law (contravention). The word “to the extent of the inconsistency or contravention” makes it clear that when some of the provision of a statue when some of the provisions of a statute becomes unconstitutional on account of inconsistency with fundamental rights, only to the contradictory or conflicting provision of the law in question shall be treated by the courts as void, and not the whole statute. This Separation of provisions that are unconstitutional is called as Doctrine of Severability. In this case, it was held that the provision of the Bombay Prohibition Act, 1949 the provisions which are unconstitutional are declared as void and it did not affect the rest of the part hence, the whole statue is not declared as void. The Doctrine used in this case is Doctrine of Severability.

Violence against women is not uncommon in Turkey. The recent killing of 27-year-old student Pinar Gültekin at the hands of her former boyfriend, however, sent shock waves through the country. The woman from Turkey’s southwestern Mugla province was beaten and strangled to death by the man. He then tried burning the corpse in a nearby forest. After failing to do so, he disposed of her corpse in a bin, which he then filled with concrete.

Several days after the murder, the man was apprehended thanks to CCTV footage captured at a gas station where he was loading a fuel canister into his vehicle. The police say the man acted out of jealousy. According to the We Will Stop Femicide online platform, this year alone, 27 women were murdered for similar motives; a further 23 suspected femicides were recorded as well.

Violence against women and so-called “honour” killings are deeply rooted and prevalent issues in Turkey. According to a 2009 study on prevention strategies, 42% of Turkish women aged between 15–60 had suffered some physical or sexual violence by their husbands or partners.

Every year, the problem is getting worse: in 2019, 474 women were murdered, mostly by partners and relatives, the highest rate in a decade in which the numbers have increased year on year. The figures for 2020, affected by coronavirus lockdowns, are expected to be even higher.

“Violence against women is a problem everywhere. In Turkey we have a strong women’s rights movement but we also face a lot of opposition,” said Fidan Ataselim, We Will Stop Femicide’s general secretary. “In the last 20 years society has changed a lot: more women are demanding their right to work and go to university. The more choices we have, the more intense the backlash gets.”

Turkey was the first country to adopt a 2011 Council of Europe convention on gender-based violence and domestic violence, a groundbreaking legal framework designed to protect victims and effectively prosecute offenders, known as the Istanbul Convention.

Since then, however, even basic rights and protections won by Turkish women have come under threat as Recep Tayyip Erdoğan’s conservative Justice and Development party (AKP) has tried to roll back legislation politicians say threaten traditional family values.

Satyabrata Ghose v. Mugneeram Bangur &co.

 DATE OF JUDGMENT: 16/11/1953

BENCH: MUKHERJEA, B.K. BENCH: MUKHERJEA, B.K. BOSE, VIVIAN BHAGWATI, NATWARLAL H.

Facts

Satyabrata (plaintiff), assignee of Bejoy Krishna Roy, sued defendant alongwith Bejoy as party defendant, for wrongfully repudiating the contract of developing the lands which were sold to the plaintiff, and asked for specific performance of the same. Defendant took the defence of frustration as the lands which needed to be developed were temporarily requisitioned by the Govt. under the defence rules such that for unspecified period of time, any development work if executed on the land would be illegal. The contract was made at a time when war conditions were prevailing and any such requisition was imputed to be in contemplation of the parties while forming contract. Further, no time was specified in the contract.

Issue– Whether the doctrine of frustration will be applicable in this case?

Whether the plaintiff can seek relief under sec.56 of the Indian contracts act, 1847 ?

Held

Impossibility’ u/s 56 doesn’t mean literal impossibility to perform (like strikes, commercial hardships, etc.) but refers to those cases where a supervening event beyond the contemplation and control of the parties (like the change of circumstances) destroys the very foundation upon which the contract rests, thereby rendering the contract ‘impracticable’ to perform, and substantially ‘useless’ in view of object and purpose which the parties intended to achieve through the contract. Therefore, this is not a case applicable under the sec.56 of the Indian contracts act,1872 and a defence of frustration of contracts cannot be claimed under this case.

In the present case, Firstly, war condition were known to the parties while entering into the contract such they were aware of the possible difficulty in performance of the contract, in such circumstances, the requisition of property did not affect the root of the contract; Secondly, no stipulation as to time was provided in the agreement such that the work was to be completed within a reasonable time, but having regard to the nature of the development contract and the knowledge of the war conditions prevailing during the contract, such a reasonable time was to be relaxed. Therefore, the contract had not become impossible of performance u/s 56.

Caldwell v. Taylor

Facts. 

Plaintiff and Defendant entered into a contract, in which, Defendant agreed to let the Plaintiff use The Surrey Gardens and Music Hall on four certain days. After the signing of the contract, but before the first contract, the concert hall was destroyed by fire. The destruction was without fault of either party and was so extensive that the concerts could not be given.

Issue. 

Whether the loss suffered by Plaintiffs, is recoverable from the Defendant?

 Held-
The Defendant was discharged from performing, and his failure to perform was not a breach of the contract. When the contract is absolute, the contractor must perform it or pay damages for nonperformance although in consequence of unforeseen events the performance of the contract has become impossible. However, that occurs only where the contract is absolute. The contract here is subject to an implied condition that the parties shall be excused if performance becomes impossible from the perishing of the thing without fault of the contractor. The parties regarded the continuing existence of the hall as the foundation of the contract, and the contract contained an implied condition that both parties would be excused if the hall did not exist. Therefore, the destruction of the hall without fault of either party excuses both parties, the Plaintiff from taking the gardens and paying the money and the Defendant from performing their promise to give the use of the hall.

Conclusion– This is the case where the doctrine of impossibility through destruction of the subject matter was established by the queen’s bench.

Introduction

Discharge of contract by impossibility of performance. The section 56 of the Indian contract act 1872 deals with doctrine of frustration. Under this doctrine a promisor is relieved of any liability under a contract, in this case the contract will be deemed to be void.

Legal marme” less non – cogit ad impossibbilla. (law will not compel a man to do what he cannot possibly perform). Doctrine of frustration results in making a contract void and this means that a contract becomes void due to impossibility of performance of obligations by either of the parties because of unforeseen situations in the process of fulfilling the obligations.

The doctrine of frustration is applicable in 2 cases:

1. If the objective of the contract has become impossible.
2. An event has occurred making the performance of the contract to be impossible beyond the control of promisor.

Sec 56 of Indian contract act, 1872

56. Agreement to do impossible act — An agreement to do an act impossible in itself is void.

Contract to do an act afterwards becoming impossible or unlawful —A contract to do an act which, after the contract is made, becomes impossible, or, by reason of some event which the promisor could not prevent, unlawful, becomes void when the act becomes impossible or unlawful.

Compensation for loss through non-performance of act known to be impossible or unlawful.— Where one person has promised to do something which he knew, or, with reasonable diligence, might have known, and which the promise did not know, to be impossible or unlawful, such promisor must make compensation to such promise for any loss which such promise sustains through the nonperformance of the promise.

 Applicability of Doctrine of Frustration:                                                                                                                              (1) there should exists a valid and subsisting contract between the parties                                                (2) there must be some part of contract which is yet to be performed                                                   (3) the contract after it is entered into becomes impossible of performance.

Causes in which Frustration of Contract can be Applicable:                                                                          (i) Death or incapacity of a party.                                                                                                                       (ii) Frustration by virtue of legislation.                                                                                                              (iii) Frustration due to change of circumstances.

     Literature review–  

AVATAR SINGH-

Frustration is an act outside the contract due to which the completion of a contract becomes impossible. After the parties have concluded a contract, events beyond their control may occur which frustrate the purpose of their agreement, or render it very difficult or impossible, or as even illegal, to perform. An example of this is where a hall, which has been booked for the performance pf a play, is destroyed by fire, after the contract has been concluded, but before the date of performance of the play.

The origin of the ‘Doctrine of Frustration’ as many other laws has been from the roman laws. It was part of the roman contract law which extinguished obligations of innocent parties where the ‘thing is destroyed without the debtor ‘s act or default’, and the contract purpose has “ceased to be attainable”. It was applied in roman times, for instance, to save, from liability, a man who promised to deliver a slave by a certain day if the slave died before delivery.   

      VANDANA JAISWAL-

The doctrine of frustration in contract law was initially defined by two points, namely: (i) the doctrine was to be only permitted where it was raised as a defense to a primary assumption on which the agreement was reached; and (ii) the parties were entitled to insert provisions as a contingency measure to provide for the occurrence of the same.

    Scope of the study-

   the scope is this study is limited to understanding the doctrine of frustration. This is done with                                      the help of 2 cases. One Indian case and one foreign case have been taken into consideration    while studying this topic. The research paper is mainly based on basic knowledge about the   doctrine of frustration and sec. 56 of the Indian contract act,1872.

Research methodology-

this study is done using the doctrinal method of research. It is mainly based on secondary data. This data explains about the doctrine of frustration with the help of case laws. The application of sec.56 of the Indian contracts act, 1872 is given importance in this study. This data and information is from articles, websites, books, journals and from the Indian contracts act, bare act. Analytical study method was adopted in the process of research.

Objectives of the study-

1. To study the doctrine of frustration.
2. To understand the applicability sec.56 of Indian contracts act,1872.
3. To analyse the conditions for applicability of doctrine of frustration.
4. To examine the causes of doctrine of frustration.

Significance and benefits of study-

1. Basic understanding of the doctrine of frustration.
2. Analysing sec.56 of the Indian contract act.
3. Application of topic in various cases.
4. Understanding the impossible and unlawful acts.

This is an important case analysis on environment law. we have had such incidents in Delhi and recently in Vishakapatnam. this is an incident that changed the lives of many people. The supreme court of India recognized the need for supporting the victims and compensating them.

CASE NAME– Union Carbite Corporation v. UOI.

CITATION- 1990 AIR 273, 1989 SCC (2) 540

BENCH – R S Pathak, (CJ), Venkataramiah E S, , M N Venkatachalalliah, Ranganath Misra, N D Ojha.

FACTS-

Union Carbite Corporation India Ltd. manufactured batteries, chemicals, and other similar products in their manufacturing unit in Bhopal, Madhya Pradesh. This was set up in the year 1970. On the night of 2^nd December, Methyl Isocyanate is a poisonous gas that leaked from the plant. This effected more than 800000 people in total. The government of India enacted The Bhopal Gas Leak Disaster Act,1985 to give an easy was of presentation of the victims by invoking the doctrine of Parens Paraie.

ISSUES- 

• Whether tort was committed by the defendant?
• Whether UCC can be criminally held liable?

ARRGUMENTS OF BOTH PARTIES

The central government filed a complaint before the southern district court in New York saying that the Indian judiciary will not be able to handle such a complex issue because of lack of expertise in the law of torts. It was also said that the delay in Indian judicial proceedings will delay the justice. The jurisdiction was refused by the court saying that there can be a more appropriate court to handle this issue.

Later the central government filed a case against the corporation in the district court of Bhopal. The court said that 350 crore rupees must be given by the UCC in compensation to the damages caused to the victims. The respondents appealed to the high court of Madhya Pradesh and the compensation was reduced to 250 crore rupees. The UCC filed an appeal to the Supreme Court of India.

JUDGEMENT-

Justice R S Pathak said that it was the duty of the court to secure immediate relief to the victims of the MIC leak and while doing that the court did not entered into any virgin territory. He applied the polluters pay principle and decide the compensation to be US $470. the majority opinion was given by Justice Venkatchaliah on behalf of himself and K.N. Singh and N.D. Ojha JJ. CJ Mishra concurred with him and Ahmadi J. it was also held that criminal proceedings must be initiated against the UCC and later they were quashed. A compensation of 750 crore rupees was to be given to the victim by UCC as per the judgement.

ANALYSIS-

The judgement was criticised mainly on the ground that the criminal proceedings were dismissed. It was also said that the Indian judicial system must have a speedy redressal mechanism and it was compared with the other countries saying that if such an incident had happened in any other countries then the authorities would have reacted in a completely different way. This incident also lead to enactment of several acts like the Environmental Protection Act, 1986; Public Liability Insurance Act, 1991 and etc. to ensure public welfare.

Even though UCC was a multinational corporation it was held liable for the tort committed by one of its subsidiary.  However, the victims were compensated and justice was delivered to the maximum extent.

we know that the Parliament is the law making authority and also has the power to amend the constitution but it is important for us to understand that the parliament cannot amend all the provisions of the constitution. this is is because of the basic structure doctrine.

The doctrine of basic structure is a judicial made doctrine. It is understood that this is not a part of the constitution of India and was propounded on 24^th of April 1973 in the famous case Kesavananda Bharati Sripadagalvaru and Ors. v. State of Kerala[1] and Anr. In this case, the term basic functions of the constitution were used. The term basic structure was used in the case of Minerva Mills Ltd. and Ors. vs Union Of India and Ors.[2] Which was decide on 3st July 1980.

 I support the basic structure doctrine because this doctrine is brought in with the intention that the power of the parliament to amend the constitution must be restricted and the fundamental idea of the constitution must not be allowed to be amended. It is understood that the basic features like equality, secularity, Judicial review, rule of law and etc are not only a part of the preamble or the fundamental rights but also the fundamental idea of the constitution makers behind the drafting of the constitution. Though all the contents of the basic structure are not declared on any document, various cases (Waman Rao And Ors vs Union Of India (Uoi) And Ors.[3] ,  Indira Sawhney & Ors v. Union of India[4], and many other cases) give us an idea of what could be the contents of basic structure doctrine. The fundamental rights (Part 3) of the constitution must be restricted from being amended because it will result in being a thread to the basic principles of not only the constitution but also democracy and therefore, they can be amended to widen the scope but not narrow it down.

 In my opinion if there is no restriction on the amending power of the constitution, then the parliament will have unlimited power. It may start amending all the provisions of the constitution. For example, if the parliament amends the constitution by removing the right to seek judicial review then it will stop the people from going to courts for relief and eventually the judiciary will loose complete power. This will indirectly lead to the supremacy of the parliament and not supremacy of law which is against the principle of rule of law. This gives an unfair opportunity to amend any provision of the constitution and the preamble. This may also lead to demolition of the basic idea of democracy which including equality and principles of separation of powers and rule of law. It is not only India but many other countries do not allow the parliament or legislature to amend the essential or basic features of their constitution. 

It is important for us to remember that precedents are an important source of law. As explained in the cases, the doctrine of basic structure is a law and holds value even though it is not a part of the constitution or it is an unwritten doctrine. 

[1] Kesavananda Bharati v. State of Kerala, (1973) 4 SCC 225: AIR 1973 SC 1461.

[2]  Minerva Mills Ltd. v Union of India (1980) 3 SCC 625.

[3]  Waman Rao And Ors vs Union Of India (Uoi) And Ors.(1981) 2 SCC 362, 1981 2 SCR 1

[4]  Indira Sawhney & Ors v. Union of India AIR 1993 SC 477, 1992 

Fraud, we listen to this word very often in our day to day life.it is used in various statutes. in this article, I have tried to briefly cover what exactly it means in contract law.

consent given by a party is not said to be free when it is caused by fraud. Fraud is defined under sec. 17 of the Indian Contract Act as the following: –

“17. ‘Fraud’ defined. — ‘Fraud’ means and includes any of the following acts committed by a party to a contract, or with his connivance, or by his agent1, with intent to deceive another party thereto or his agent, or to induce him to enter into the contract: —

(1) the suggestion, as a fact, of that which is not true, by one who does not believe it to be true;

(2) the active concealment of a fact by one having knowledge or belief of the fact;

(3) a promise made without any intention of performing it;

(4) any other act fitted to deceive;

(5) any such act or omission as the law specially declares to be fraudulent. Explanation.—Mere silence as to facts likely to affect the willingness of a person to enter into a contract is not fraud, unless the circumstances of the case are such that, regard being had to them, it is the duty of the person keeping silence to speak2, or unless his silence, is, in itself, equivalent to speech.”

The Essentials of fraud: – 

1. It should be done by one party of the contract
2. There must be a representation
3. The representation must be false
4. The fraud must be committed before completion of the contract
5. The misrepresentation should be made by the will of the party
6. There should be an intention to deceive the other party
7. The other party must actually be deceived
8. The other party has suffered a loss due to this misrepresentation with a mala fide intention.

A famous English case House of lords in Derry v. Peek[1] is an example under this concept. In this case, A company’s prospectus said that it was authorised by a special act of Parliament to run trams by stream or mechanical power. This was however not true. The plaintiff was a shareholder and sued the directors for fraud. The defendants were not held liable in this case.

An Indian case is, Haji Ahmad Yarkhan v. Abdul Gani Khan [2], the plaintiff could not recover the expenses incurred for the engagement of his son. the marriage was broken because the girl’s family hid the facts about her health. Silence or non-disclosure of essential facts may not amount to  a fraud.

Sec.19 of the Indian Contract Act,1872

“19. voidability of agreements without free consent.—When consent to an agreement is caused by coercion, 1[***] fraud or misrepresentation, the agreement is a contract voidable at the option of the party whose consent was so caused.

A party to contract, whose consent was caused by fraud or misrepresentation, may, if he thinks fit, insist that the contract shall be performed, and that he shall be put in the position in which he would have been if the representations made had been true.”

The contract is not voidable : –

1. When the party who consent was caused by silence amount to fraud and be has the means of discovering the truth with ordinary diligence.
2. When a party gives the consent by ignoring the fraud.
3. When the party takes a benefit after getting the knowledge about the fraud.
4. When the parties cannot be restored to their initial position.
5. When the interest of a third party is intervened before the contract is avoided.

[1] House of lords in Derry v. Peek (1889) LR 14 AC 337 (HL)

[2] Haji Ahmad Yarkhan v. Abdul Gani Khan AIR 1937 Nag 270.

Ambedkar, B. R. (1891 – 1956): A leader of the depressed classes throughout his life, he worked for the moral and material progress of the untouchables. He was jurist by profession and equally a great social worker, politician, writer and educationist. He launched a number of movements for securing equal status for the lower castes. He was appointed the Law Minister in the Interim Government and also Chairman of the Constituent Assembly’s Drafting Committee.

Ansari, M.A. (1880 – 1936): Qualified as a physician, he organised the All India Medical Mission of Turkey in 1912-13. Later took a leading part in the Home Rule League agitation. Elected President, Muslim League in 1920. Participated in the Khilafat, the Home Rule and Non-Cooperation Movements. He was the founder of the Nationalist educational institution, Jamia Millia Islamia in 1920.

Azad, Chandra Shekhar (1906 – 31): One of the most famous revolutionaries from the present day Uttar Pradesh. He was arrested during Non-Co-operation movement, and was flogged for ridiculing the court during trial by declaring his name as Azad, his father as Swatantra and his home as prison. From this he became famous as Azad. He shot himself dead with the last bullet he had in his pistol, while fighting alone with the police.

Asaf Ali (1888 – 1953): Started his legal career at Delhi and later joined the Home Rule movement, in 1945, took up the Secretaryship of the INA Committee and he was India’s first Ambassador to Washington.

Badruddin Tyabji (1844 – 1906): First Indian barrister at Bombay High Court.

Bal Gangadhar Tilak (1857 – 1920): Remembered as Lokmanya, he played a leading part in popularising the cult of patriotism; first nationalist leader who sought close contact with the masses and he was also a forerunner of Gandhiji. He started akharas, lathi clubs, Shivaji and Ganapati festivals to inculcate among the people the spirit of service to the nation, the first congress leader to suffer several terms of imprisonment for the sake of the country. He openly declared, “Swaraj is my birthright and I shall have it”.

Bhagat Singh (1907 – 1931): Born in a Sikh Jat family of Lyallpur district, joined the Hindustan Socialist Republician Army in 1925; in 1928 shot and killed Saunders to avenge the death of Lala Lajpat Rai who received injuries during the anti-Simon Commission agitation at Lahore. He was the main accused and received the death sentence; executed on 23 March, 1931.

Bhulabhai Desai (1877 – 1946): Established the Swadeshi Sabha for promoting the boycott of foreign goods. His last and perhaps the greatest contribution to the national cause was his brilliant defence of the INA prisoners in 1945.

Bipin Chandra Pal (1858 – 1932): Entered into the Brahmo Samaj and founded the English weekly, New India; initially follower of Surendranath in politics; founded Bande Mataram in 1906 and was imprisoned for refusing to give evidence in the Bande Mataram Sedition case in 1907.

Chakravati Rajagopalachari (1878 – 1972): Participated in the anti-Rowlatt Bill Satyagraha in 1919 and gave up his legal profession in 1920, to join the Non-Co-operation Movement; a chief organiser of the Congress in the South; involved a formula for the solution of Indian Constitutional tangle in 1944 and assisted Gandhiji in his negotiations with Jinnah, served the Interim Government as Minister for Industry, Supply, Education and Finance and then as the Governor of West Bengal. In 1948 succeeded Lord Mount Batten as the first Indian Governor General of the Indian Dominion till 26 January 1950 when India became a republic, between 1952 and 1954 Rajaji was the Chief Minister of Madras. Founded the Swatantra Party in 1959.

Dadabhai Naoroji (1825 – 1917): The Grand Old Man of India, associated with the Indian National Congress right from its inception. The Indian to become a Member of the House of Commons on the Liberal Party’s ticket, President of Indian National Congrees thrice, in 1886, 1893 and 1906, first Indian to draw the attention of the Indians as well as the British Public to the drain of wealth from India to great Britain and the resulting poverty of the Indians; “Poverty and un-British rule in India”, a book written by Naoroji was published in 1901, proves his thesis of Drain of wealth.

Gopal Krishna Gokhle (1866 – 1915): A follower of Mahadev Govind Ranade, popularly known as the socrates of Maharashtra; Gandhiji became Gokhle’s political pupil, in 1905 laid the foundation of the ‘Servants of India Society’ for the trainning of national missionaries for the service of India, and to promote, by the constitutional means, the true interest of the Indian people.

Gopinath Bordoloi (1980 – 1950): One of the builders of modern Assam; imprisoned in 1941 and 1942 for taking part in the individual satyagraha and the in the Quit India Movement.

Jatindra Mohan Sen Gupta (1885 – 1933): Renounced his legal practice during the Non-Co-operation Movement, organised the strike of the employees of Assam Bengal Railways, led the Civil Disobedience Movement.

Kamala Nehru (1899 – 1936): She was married to Jawaharlal Nehru in 1916, joined her husband in the Non-Cooperation Movement, and the Civil Disobedience Movement.

Kasturba Gandhi (1869 – 1944): Endearingly married to Mohandas Karamchand Gandhi in 1882, one of the first of a group of Indian women to be imprisoned in the Transvaal, arrested for participating in the Quit India Movement in 1942, died while serving imprisonment at Poona.

Sarojini Naidu (1879 – 1949): Educated in England, showed a marked flair for literature at an early age which later found expression in beautiful English verses and earned her the title “Nightingale of India”. She joined Home Rule League in 1916; first Indian lady to preside over the Congress, led the salt raid at Dharsana in 1930, at the beginning of the Quit India Movement in 1942 arrested and detained with Gandhiji; the first Indian lady to become the Governor of Uttar Pradesh in free India, fought all her life against poverty, ignorance and social taboos.

Narayan Malhar Joshi (1879 – 1955): He was a member of the Central Pay Commission in 1947, an important leader of the Indian trade union movement; organised creches, dispensaries for women and children and industrial training schools and co-operative societies.

Swami Sahjanand Saraswati (1889 – 1951): He was President of the “All India Kisan Sabha”. He pioneered the peasants cause and became the Founder-President of the Bihar Kisan Sabha in 1927.

Vijaya Lakshmi Pandit (1900 – 1990): Sister of Jawaharlal Nehru, a prominent national leader, was imprisoned thrice in connection with Civil Disobedience Movement in 1932, 1941 and 1942; played an important role as India’s representative in San Francisco during the first meeting in UN where she challenged the might of the British.

Khan Abdul Ghaffar Khan (1890 – 1988): Born in a village of Peshawar district of the British India, joined the national movement at very young age and inculcated the ideas of nationalism into the minds of the Pathans; plunged into the agitation against the Rowlatt laws, the Khilafat, Non-Cooperation and Civil Disobedience movements, never saw eye to eye with the fanatical ideology of the Muslim League and was committed to secularism. He opposed to the Partition of India. He was popularly known as Frontier Gandhi.

Mahadev Desai (1892 – 1942): In 1917 came in close contact with Gandhiji pledged himself into the Champaran Satyagraha, editor of Motilal Nehru’s periodical, Independent.

Ram Manohar Lohia (1910 – 1968): A socialist, in 1934 became a founder member of the Congress Socialist Party and edited its journal’. ‘The Congress Socialist’, in free India. A forceful journalist who promoted the cause of Hindi as national language.

Sachchidananda Sinha (1871 – 1950): A distinguished lawyer, journalist, politician and educationist, joined the Congress in 1899, actively participated in the Home Rule movement, from 1936 to 1944 Vice-Chancellor of Patna University.

Vallabhai Patel (1875 – 1950): Born in an agriculturist family of Nadiad in Gujarat; entered politics by joining the Gujarat Sabha in 1915, of which Gandhi ji was the President; joined the Non-Co-operation Movement; led the famous peasants agitation against in increase in land revenue at Bardoli and won a signal victory; joined the Quit India Movement in 1942; in free India became the Deputy Prime Minister; a man of iron who never allowed personal sentiment to confuse his duties.

Acharya Vinoba Bhave (1895 – 1982) : Close associate of Gandhiji; leader of Sarvodaya and the Bhoodan Andolan; was a staunch advocate of cow protection.

Rajendra Prasad (1884 – 1963): As a student he took interest in the anti-partition agitation in Bengal and established the Bihari Students ‘Conference’ in the fore-front of the salt Satyagraha and the Civil Disobedience Movement in 1930 and 1932 and suffered imprisonment; on failure of Cripps Mission undertook a tour of his province and prepared the masses for the Quit India Movment; joined Interim Government as Minister for Food and Agriculture in 1946; the first President of the Constituent Assembly, became the first President of the Indian Republic.

Abdul Kalam Azad (1888 – 1958): Known as the Maulana Abul Kalam Azad, born in Mecca where his ancestors had migrated from India during the revolt of 1857; in 1898 accompanied his parents to India and settled in Calcutta, associated himself with the revolutionaries during the Swadeshi Movement; in 1929 he came in close contact with Gandhiji and supported the Non- Cooperation programme; Chief of the Khilafat Committee, elected President of the special session of the Congress at Delhi in 1924, he led the negotiations with British Cabinet Mission (1946), a member of the Constitutent Assembly; joined the Interim Government as Minister of Education and Arts, in free India he became the Education Minister and later took charge of the portfolios of National Resources and Scientific Research, he established the University Grants Commission.

Ghosh, Aurobindo (1872-1950): A leading Bengali revolutionary who later turned yogi. For about ten years, he remained active in the political field, particularly during the partition of Bengal, and was one of the propounders of the programme of Swadeshi and boycott. He expressed the view that political freedom was “the life and breath of our nation”. In 1910, he retired to Pondicherry, where he spent his life in mediation and spiritual pursuits.

Hume, Allan Octavian (A.O.Hume) (1829 – 1922): A British Civil Servant in India, who after his retirement for service in 1882 worked for India’s political claims and is known as the ‘father and founder’ of the INC. Hume was the guiding spirit during the formative years of the INC. He had studied medicine and surgery and was a great naturalist and botanist.

Ishwar Chandra Vidyasagar (1820 – 1891): He was an upcompromising social reformer and put up a valiant fight for introduction of widow remarriage and stamping out polygamy from society.

Jinnah, Mohammad Ali (1875 – 1948): A leading lawyer, leader of the Muslim League and founder of Pakistan.

Besant, Annie (1847 – 1933): An Irish English woman, who came to India in 1939 to work for the Theosophical society. She ardently worked for India’s independence. In 1915 she founded the Home Rule League to launch the Home Rule Movement and was made President of the Calcutta session of the Congress in 1917.

Bose, Subhash Chandra (1897 – 1945): He was the supreme commander of Azad Hind Fauj (the Indian National Army). In January 1941, he escaped out of India and reached Berlin. He died in a plane crash on August 18, 1945.

Sanskrit word ‘Sangha’ means a group of persons or an association. The Tamil Sangam was an academy of poets and bards, who flourished in three different periods and in different places under the patronage of the pandyan kings. The Sangam literature speaks highly of three south Indian Kingdoms—Chola, Pandya and Chera. The earliest reference that we find about this era is preserved in three forms: Ashokan inscriptions, Sangam literature and Magasthenese accounts. The three important kingdoms of the Cholas, the Pandyas and the Cheras, combinedly was known as Tamilakam. The ancient literature of Tamils, known as the Sangam literature, is very massive, but it hardly fulfill is the demands of history and chronology.

THE CHOLAS

The kingdom of the Cholas with its capital at Kaveripattanam was started from Kavery delta to the adjoining region of modern Tanjore and Trichinopoly. One of their early kings, Karikala (A.D. 190), who figures very prominently in ancient literature, is credited with victories over the rulers of the neighbouring Pandya and Chera kingdoms and is believed to have even extended his authority over Ceylon. Towards the beginning of the fourth century A.D., the power of the Cholas began to decline mainly because of the rise of Pallavas on one hand and the continuous wars waged by the Pandyas and the Cheras on the other.

THE PANDYAS

The kingdom of the Pandyas with its capital at Madurai extended to the modern districts of Madura, Ramnad, Tinnevelly and the southern parts of Travancore. References to the Pandyas occur in ancient literary works like the Mahabharata and the Jatakas as well as in Indica of Megasthenes. According to Ashokan edicts, the Pandyas were independent people living beyond the southern border of the Maurya empire. A Pandya king is also known to have sent as embassy to the court of the Roman emperor Augustus and Trojan.

THE CHERAS

The earliest reference to the Chera (Keralaputra) kingdom can be traced in the Ashokan inscriptions. It comprised the modern districts of Malabar, Cochin and Northerm Travancore. Its capital was Vanji, which is identified by some with a site of Periyar River, by others with Karur or Karuvur located in the western most Taluq of the Trichinopoly district. The people of Chera Kingdoms were a sea-faring people who, established close commercial relationship with Egypt and the Roman Empire. Tondi, Musiri, Kaveripathanam and Korkai were among the well-known trade centres of Peninsular India.

SANGAM LITERATURE

Sangam was an association or assembly of Tamil poets held probably under chiefly or royal patronage. But we do not know the number of Sangams or the period for which they were held. The Sangam literature was compiled in circa A.D. 300-600. But parts of this literature look back to at least the second century A.D. The Sangam literature can roughly be divided into two groups, narrative and didactic. The narrative texts are considered works of heroic poetry in which heroes are glorified and perpetual wars and cattle raids frequently mentioned. The didactic texts cover the early centuries of the Christian era and prescribe a code of conduct not only for the king and his court but also for various social groups and occupations. All this could have been possible only after the fourth century A.D. when Brahmanas appeared in good numbers under the Pallavas.

Sangam literature consists of the earliest Tamil works (such as Tolkappiyam), the Ettutogai (Eight Anthologies) the Pattuppattu (Ten Idylls), the Padenenkilkanakku (Eightten Minor works) and the three epics. Earliest Tamil Works were the Agattiyam (a work on grammar of letters and life) by Rishi Agastya, Pannirupadalam (a grammatical work on puram literature) by 12 disciples of Agastya the Kakkipadiniyam (a work on prosody) and Tolkappiyam (a treatise on grammar and poetry). It is divided into three sections each consisting of nine sub chapters and has a total of 1,612 sutras) by Talkappiya. The last epic shows the dominance of Sanskrit style over the indigenous style of the previous epics.

SANGAM POLITY

The Tamils during the Sangam period were ruled by powerful kings. The kings were regarded as Vendar while the local chieftains were called Mannar. The form of government was hereditary monarchy. The eldest son usually succeeded the father. The crowned king held impressive courts to which the subjects were allowed. There was conspicuous absence of Privy Council or a Council Chamber. The king was regarded as God. The theory of divine right of kingship was accepted. But he was always assisted and guided by wise men whether a minister, or a poet or a purohitar. These wise men were divided into two categories—Aimperukulu consisting of Purohita, the army chief, the ambassador, the spies and the ministers; and Enperayam consisting of accountants, executive officials, treasury officials, palace guards, and the leading men among his subjects. Wars occurred on the pretext of cattle-lifting.

LAW AND JUSTICE

Sangam literature does not describe any posts of Judge disputes were settled by learned men of high character, and the judgement was based on integrity and impartiality. The Cholas have gained great respect because of this. The king was the supreme magistrate. The town court was called ‘Avai’ and the village court was knonw as ‘Manrams’ which might have been pachayats, were distributed across Mandalam (kingdom) in Nadu (districts) and Ur (town).

SOCIAL LIFE

The Sangam society was based on binary fission, i.e.

1. Vyarntoc (high born people),
2. Ilipirappalar (low born people)

However, Tholkappiyan mentions, about four categories of castes–

1. Andanar (Brahmanas)
2. Arasar (kings)
3. Vaisiyar (Traders)
4. Velalar (Farmers)

Moreover, these were communities, called parciyas experienced untouchability among higher classes.

Position of Women
Women took part in various fields like–
• They contributed in literature, evidence is from their poetry.
• Women were allowed to choose their life-partners, i.e. love-marriage was permitted.
• Widows lived a miserable life and sati system was practiced in higher classes of society.
• The kings and nobles patronised dancers for their entertainment.

ECONOMY

The Sangam economy was most prosperous. The common people were included agriculturists or cow-herders, hunters and fisherman. Indigenous industries such as textile, weapon making, ship-building, carpentary, metal smelting, etc. There were also a large number of merchants who indulged in comprehensive trade with foreign countries particularly with Rome. Roman coins of Augustus Caesar’s period have been found in a large number in South India. But, South Indians did not have a system of coinage and they bartered their goods. Examples of honey and roots exchanged for fish-oil and of sugarcane and cornflakes for venison and toddy find its mention.

ART AND ARCHITECTURE

The temples of South India had a distinct Dravidian style which is different from the Nagara style of the North Indian temples. The Kailash Temple at Ellora, Hoysala temple at Belur and Halebid, Chennakesava temple at Belur, the Hoysaleswara temple at Halebid, Ratha and Shore temple at Mahabalipuram, Brihadeshwara temple at Tanjavur, Vithala temple at Hampi, and Meenakshi Temple at Madurai are fine examples of architecture.

In the hustle and bustle of everyday life it sometimes becomes impossible to do everything ourselves and hence it becomes necessary to employ people to perform our acts. The person employed is the “agent” and the contract by which he is appointed is called “Agency”. In an agency, an agent acts on behalf of his principal and often uses his name and his acts in that capacity are attributable of the Principal. The law of agency is based on the maxim “qui facit per alium facit per se” i.e. he who does an act through another does it by himself.

“Agent” and “Principal” defined: Section 182

Section 182 of the Indian Contract Act, 1872 defines an “agent” and “principal” as follow: An ‘agent’ is a person employed to do any act for another, or to represent another in dealings with third persons. The person for whom such act is done, or who is so represented, is called the ‘principal’.

The concept of “agency” has been thus explained by Ramaswami J. of the Madras High Court in Krishna v. Ganapathi, AIR 1955 Mad 648. In legal phraseology, every person who acts for another is not an agent. A domestic servant renders to his master a personal service; a person may till another’s field or tend his flocks or work in his shop or factory or mine or may be employed upon his roads and ways; one may act for another in aiding in the performance of his legal or contractual obligations to third persons…….In none of these capacities he is an “agent” within the above meaning as he is not acting for another in dealings with third persons. It is only when he acts as representative of the other in business negotiations, that is to say, in the creation, modification, or termination of contractual obligations between that other and the third persons, that he is an “agent.”…… Representative character and derivative authority may briefly be said to be the distinguishing features of an agent.

The essence of the matter is that the principal authorised the agent to represent or act for him in bringing the principal into contractual relationship with a third person. Representative capacity is the test of agency relationship, merely because the respondent had undertaken to supply machinery for certain period did not make him an agent to the petitioner.

Existence of Agency relationship

The test of determining the existence of agency relationship has been explained by Dhawan J. of the Allahabad High Court in the following words: “Agency depends on true nature of relationship. The use of the word “agency agreement” and “agent” by the parties in a contract does not necessarily establish the relationship of agency is not conclusive; if the incidence of this relationship as disclosed by evidence does not justify a finding of agency and that the Court must examine the true nature of the relationship and the functions and responsibilities of the alleged agent.

Co-agents and Co-principals

When the authority given to co-agents is joint, it would be necessary for them to act jointly and only then their principal would be bound. When the authority is joint and separate, any one of them would be competent to act for the principal. An agent who represents more than one principal in one and the same transactions, he should account to all of them jointly, for an account given to one may not absolve him from his liability.

This article tries to explain briefly the emergency provisions of our constitution. The emergency provisions include Art.352 to Art.360. emergency is a situation which arises due to the failure of the government authority that causes immediate action from the authority.

The power of imposing all three types of Emergencies is vested upon the President of India. The concept of Emergency was borrowed from the Constitution of Germany. The three types are as follows –

Article 356 – President’s Rule

Article 352 – National Emergency

Article 360 – Financial Emergency.

Article 352 discusses about the Proclamation of Emergency.

During the times of such emergency the executive, legislative and financial power rests with the centre whereas the state legislature is not suspended. National emergency has been imposed thrice in the country- in 1962 at time of Chinese aggression, in 1971 during the India Pakistan war, in 1975 due to internal disturbances.

Article 353 discusses about the Effect of Proclamation of Emergency.

the power of Parliament to make laws with respect to any matter shall include power to make laws conferring powers and imposing duties, or authorising the conferring of powers and the imposition of duties, upon the Union or officers and authorities of the Union as respects that matter, notwithstanding that it is one which is not enumerated in the Union List is explained in this article.

Article 354 talks about the Application of provisions relating to distribution of revenues while a Proclamation of Emergency is in operation which is by the President not extending in any case beyond the expiration of the financial year in which such Proclamation ceases to operate, as may be specified in the order, have effect subject to such exceptions or modifications as he thinks fit. Every order made shall, as soon as may be after it is made, be laid before each House of Parliament.

Article 355 discusses about the Duty of the Union to protect States against external aggression and internal disturbance and to ensure that the Government of every State is carried on in accordance with the provisions of the Constitution.

Article 356 Provisions in case of failure of constitutional machinery in States that is the President’s Rule.

 If the President, on receipt of a report from the Governor of a State or otherwise, is satisfied that a situation has arisen in which the Government of the State cannot be carried on in accordance with the provisions of this Constitution, the President may by Proclamation assume to himself all or any of the functions of the Government of the State and all or any of the powers vested in or exercisable by the Governor or authority of the State other than the Legislature of the State and can also declare that the powers of the Legislature of the State shall be exercisable by or under the authority of Parliament.

The President can make such incidental and consequential provisions as appear to the President to be necessary or desirable for giving effect to the objects of the Proclamation, including provisions for suspending in whole or in part the operation of any provisions of this Constitution relating to anybody or authority in the State, Provided that nothing in this, shall authorize the President to assume to himself any of the powers vested in or exercisable by a High Court, or to suspend in whole or in part the operation of any provision of this Constitution relating to High Courts. Article 357 deals with the Exercise of legislative powers under Proclamation issued under article 356.

Article 358 says about the Suspension of provisions of article 19 during emergencies.

Nothing in article 19 shall restrict the power of the State as defined in Part III to make any law or to take any executive action which the State would but for the provisions contained in that Part be competent to make or to take, but any law so made shall, to the extent of the incompetency, cease to have effect as soon as the Proclamation ceases to operate, except as respects things done or omitted to be done before the law so ceases to have effect. Article 359 deals with the Suspension of the enforcement of the rights conferred by Part III during emergencies.

Article 359A that is about the Application of this Part to the State of Punjab is Repealed from the Constitution of India that was inserted in the 63^rd amendment , 1989.

 Article 360 deals with the Provisions as to financial emergency.

The president under this Article 360 of the constitution has the power to declare financial emergency if he is satisfied that the financial stability or the credit of India or any part of its territory is threatened. It has to be laid before both the Houses of Parliament and ceases to operate at the expiration of two months unless meanwhile approved by the resolution of Houses.

During the operation of financial emergency, the executive authority of the union extends to the giving of directions to any state to observe certain specified canons or financial propriety and such other directions that the President may find necessary. The directions may include reduction of salaries or allowance of those serving a state, of all those in connection with the affairs of union including judges of high court and Supreme Court. There has been no occasion of financial emergency in India.

citizenship has become a controversial topic in all the heated debates in all forums and news channels by the implementation of the Citizenship Amendment Act that was passed in 2019. In this Article, I have tried to throw light on the citizenship provisions of our constitution.

The Part II of the constitution of India explains about citizenship. It includes articles 5 to 11.

Art. 5 “5. Citizenship at the commencement of the Constitution At the commencement of this Constitution every person who has his domicile in the territory of India and

(a)who was born in the territory of India; or

(b) either of whose parents was born in the territory of India; or

(c) who has been ordinarily resident in the territory of India for not less than five years preceding such commencement, shall be a citizen of India”

The article 5 of the constitution of India says that citizenship of an individual at the commencement of the constitution of India. It can be decided on the grounds as mentioned in the Art.5.  

The Art. 6 of The constitution of India 

“6. Rights of citizenship of certain persons who have migrated to India from Pakistan Notwithstanding anything in Article 5, a person who has migrated to the territory of India from the territory now included in Pakistan shall be deemed to be a citizen of India at the commencement of this Constitution if

(a) he or either of his parents or any of his grandparents was born in India as defined in the Government of India Act, 1935 (as originally enacted); and

(b)

(i)in the case where such person has so migrated before the nineteenth day of July, 1948 , he has been ordinarily resident in the territory of India since the date of his migration, or

(ii) in the case where such person has so migrated on or after the nineteenth day of July, 1948 , he has been registered as a citizen of India by an officer appointed in that behalf by the Government of the Dominion of India on an application made by him therefor to such officer before the commencement of this Constitution in the form and manner prescribed by that Government: Provided that no person shall be so registered unless he has been resident in the territory of India or at least six months immediately preceding the date of his application.”

The article 6 of the constitution of India talks about the citizenship of persons migrated to India from Pakistan. This is mainly because there was a migration of a large number of people after the division of India and Pakistan after 1947.

The Art. 7 of The Constitution of India

“7. Rights of citizenship of certain migrants to Pakistan Notwithstanding anything in Articles 5 and 6, a person who has after the first day of March, 1947 , migrated from the territory of India to the territory now included in Pakistan shall not be deemed to be a citizen of India: Provided that nothing in this article shall apply to a person who, after having so migrated to the territory now included in Pakistan, has returned to the territory of India under a permit for resettlement or permanent return issued by or under the authority of any law and every such person shall for the purposes of clause (b) of Article 6 be deemed to have migrated to the territory of India after the nineteenth day of July, 1948 “

This Art. Of the Constitution of India talks about the citizenship rights of people who migrated to Pakistan from India after the Division of the two nations.

The Art.8 of the Constitution of India states

“8. Rights of citizenship of certain persons of India origin residing outside India Notwithstanding anything in Article 5, any person who or either of whose parents or any of whose grandparents was born in India as defined in the Government of India Act, 1935 (as originally enacted), and who is ordinarily residing in any country outside India as so defined shall be deemed to be a citizen of India if he has been registered as a citizen of India by the diplomatic or consular representative of India in the country where he is for the time being residing on an application made by him therefor to such diplomatic or consular representative, whether before or after the commencement of this Constitution, in the form and manner prescribed by the Government of the Dominion of India or the Government of India”

This Art. Talks about NRI’s (Non-Resident Indians) and the rights that they possess in the Indian Territory.

The Art.9 of the Constitution of India

“9. Person voluntarily acquiring citizenship of a foreign State not to be citizens No person shall be a citizen of India by virtue of Article 5, or be deemed to be a citizen of India by virtue of Article 6 or Article 8, if he has voluntarily acquired the citizenship of any foreign State. “

This Art. talks about the persons who are acquiring citizenship of a foreign state are not considered as the citizens of India. India does not allow citizens to have dual citizenship unlike other states.

The Art.10 of the Constitution of India

“10. Continuance of the rights of citizenship Every person who is or is deemed to be a citizen of India under any of the foregoing provisions of this Part shall, subject to the provisions of any law that may be made by Parliament, continue to be such citizen”

This Art. talks about the rights of people who are the citizens of India under the part 2 of the Constitution Of India will not restrict the parliament to make laws on citizenship.

The Art.11 of the Constitution of India

“11. Parliament to regulate the right of citizenship by law Nothing in the foregoing provisions of this Part shall derogate from the power of Parliament to make any provision with respect to the acquisition and termination of citizenship and all other matters relating to citizenship PART III FUNDAMENTAL RIGHTS General.”

This Art. talks about the power that the parliament has the power to make laws and amend the laws made regarding citizenship.

We always claim our fundamental rights but we often tend to forget our fundamental duties. This article will give a brief explanation on our fundamental duties and help us in understanding what they say and who should follow them.

The fundamental duties are written In the part 4A of the constitution.

These are the duties of every person residing in the territory of India.

They are written in the Art. 51A which was Inserted as the 42^nd amendment in the year 1976 of the constitution of India. The Article states the following:-

“51A. Fundamental duties It shall be the duty of every citizen of India

• to abide by the Constitution and respect its ideals and institutions, the national Flag and the National Anthem;
• to cherish and follow the noble ideals which inspired our national struggle for freedom;
•  to uphold and protect the sovereignty, unity and integrity of India;
•  to defend the country and render national service when called upon to do so;
•  to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women;
•  to value and preserve the rich heritage of our composite culture;
•  to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures;
• to develop the scientific temper, humanism and the spirit of inquiry and reform;
• to safeguard public property and to abjure violence;
•  to strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement PART V THE UNION CHAPTER I THE EXECUTIVE the President and Vice President.”

  The first fundamental duty of every citizen of India is to respect the national flag, national anthem and all the institutions of national significance and follow the constitution of India.

The second fundamental right is to follow the ideals and revolutionaries and ideas which inspired our national struggle for freedom.

The third fundamental duty is to uphold the principles that include sovereignty, unity and integrity of India.

The fourth fundamental duty is to defend the nation and render national service when required.

The fifth fundamental duty is to promote harmony and brotherhood of India transcending religious and sectional diversity.

The sixth fundamental duty to value and preserve the rich culture and heritage. 

The seventh fundamental duty to value and protect environment and wild life and to have compassion for living creatures.

The eighth fundamental duty is to develop the scientific temper, humanism and the spirit of inquiry and reform of the nation.

The ninth fundamental right is to safeguard public property.

The tenth fundamental right is to strive towards excellence in all spheres of individual to achieve that helps in the constant rise of the nation.

We don’t have to be nationalists to follow out duties we just have to have the correct mindset and responsibility towards our fellow beings. So it is important for every citizen to know and follow these duties.

It is very important for us to understand our rights. the Fundamental rights are a part of the Part III of the Constitution of India. It is one of the most important parts of the constitution. The Art.12 of the constitution defines state as the only element that can violates the fundamental rights of an individual. Therefore, if one has to file a case foe violation of fundamental rights, the respondent will be state. the Art.13 of the constitution talks about those laws that are inconsistent with the fundamental rights. the clause 1 of the article talks about the laws that were in existence before the constitution came into force. It says that those laws in contradictory with the fundamental rights will be declared void. The second clause of the article says that the state or the parliament will not make any laws that are inconsistent with or are going against the fundamental rights and any law made so will be considered void. The clause 1 of the article talks about the pre- constitutional laws and the clause 2 of the article talks about the post constitutional laws. The clause 3 of this article attempts to define laws. Those laws under Art.13(3) are considered under Art.13(1) and Art.13(2). The fourth clause of this article states that the provisions of this article do not apply to those constitutional amendments made under Art.368 of the constitution. This part of the constitution covers Art. 12- Art.35 of the constitution. There are mainly 6 fundamental rights and they are: –

1. Right to equality (art.14- art. Art.18)

the Art.14 of the constitution states” 14. Equality before law The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.”  This article talks about 2 main elements that is equality before law equal protection of laws.

Art.15 of the Constitution talks about prohibition of discrimination on the grounds of religion, sex, place of birth, rase or place of birth.

Art.16 of the constitution talks about equality of opportunity in in matter of public employment. This article talks about reservation of appointments of backward classes.

Art. 17 of the constitution talks about abolition of untouchability shall be an offence.

Art.18 of the constitution talks about abolition of titles which includes titles like sir and does not include educational titles like Dr. 

1. Right to freedom (Art. 19- Art. 22)

Art.19 of the is a part of the golden triangle. It talks about freedom of speech.

Art. 20 talks about protection in respect of conviction for offences.

Art.21 in also part of the golden triangle. It talks about protection of life and personal liberty.

Art.21A talks about right to equality.  The Art.22 of the constitution talks about protection against arrest and detention.

1. Right against exploitation (Art. 23- Art.24)

Art.23 talks about human trafficking and forced labour of people.

Art. 24 of the constitution talks about prohibition of child labour.

1. Right to freedom of religion (Art. 25- Art. 28)

Art.25 of the constitution talks about freedom of profession, practice and propagation of religion.

Art.26 talks about freedom to manage religious affairs.

Art. 27 talks about freedom as to payment of taxes foe religious affairs.

At.28 says that everyone has the right to religious worship and it cannot be forced upon anyone in any educational institutions.

• Cultural and educational rights (Art. 29- Art. 30)

The Art.29 protects the interests of minorities and art. 30 gives the right to minorities to establish and administer educational institutions.

• Right to constitutional remedies (Art. 32- Art. 35)

Art. 32 is called the heart and soul of Indian Constitution because it gives the remedies foe enforcement of rights conferred by the part 3 of the Constitution.

Art. 33 gives the parliament the power to modify the provisions of this part.

Art.34 talks about the restriction of fundamental rights when martial law is in force.

Art. 35 talks about legislation to give effect to the provisions of this part.