SAILENT FEATURES OF CONSTITUTION: WELFARE STATE AND SECULAR STATE

WELFARE STATE


The Indian Constitution has been conceived and drafted in the mid-twentieth
century when the concept of social welfare state is the rule of the day. The
Constitution is thus pervaded with the modern outlook regarding the objectives
and functions of the state. It embodies a distinct philosophy of government, and
explicitly declares that India will be organised as a social welfare state, i.e., a
state which renders social services to the people and promotes their general
welfare. In the formulations and declarations of the social objectives contained
in the Preamble, one can clearly discern the impact of the modern political
philosophy which regards the state as an organ to secure the good and welfare
of the people.
This concept of a welfare state is further strengthened by the Directive Principles
of State Policy which set out the economic, social and political goals of the
Indian Constitutional system. These directives confer certain non-justiciable
rights on the people, and place the government under an obligation to achieve
and maximise social welfare and basic social values like education, employment,
health, etc.
In consonance with the modern beliefs of man, the Indian Constitution sets up
a machinery to achieve the goal of economic democracy along with political democracy,
for the latter would be meaningless without the former in a poor country
like India.

SECULAR STATE


India is a country of religions. There exist multifarious religious groups in
the country but, in spite of this, the Constitution stands for a secular state of
India.
The word ‘secular’ was not present originally in the Preamble. It was added
thereto by the 42nd Constitutional Amendment in 1976. What was implicit in
the Constitution until then became explicit. Even before 1976, the concept of
secularism was very much embedded in the Indian constitutional jurisprudence as
many court cases of this era would testify.


The concept of “secularism” is difficult to define and has not thus been defined
in the Constitution. Secularism has been inserted in the Preamble by reason
of the Constitution (Forty-second Amendment) Act, 1976. The object of insertion
was to spell out expressly the high ideas of secularism and the compulsive need
to maintain the integrity of the nation which are subjected to considerable
stresses and strains, and vested interests have been trying to promote their selfish
ends to the great detriment of the public good. The concept is based on certain
postulates. Thus, there is no official religion in India. There is no state recognized
church or religion. Several fundamental rights guarantee freedom of
worship and religion as well as outlaw discrimination on the ground of religion

and, thus, by implication prohibit the establishment of a theocratic state. The
state does not identify itself with, or favour, any particular religion. The state is
enjoined to treat all religions and religious sects equally. No one is disabled to
hold any office on the ground of religion. There is only one electoral roll on
which are borne the names of all qualified voters.


The essential basis of the Indian Constitution is that all citizens are equal,
and that the religion of a citizen is irrelevant in the matter of his enjoyment of
Fundamental Rights. The Constitution ensures equal freedom for all religions
and provides that the religion of the citizen has nothing to do in socio-economic
matters. “Though the Indian Constitution is secular and does not interfere with
religious freedom, it does not allow religion to impinge adversely on the secular
rights of citizens or the power of the state to regulate socio-economic relations.”
The Supreme Court has declared secularism as the basic feature of the Indian
Constitution. The Court has further declared that secularism is a part of
fundamental law and an unalienable segment of the basic structure of the
country’s political system. It has explained that secularism is not to be confused
with communal or religious concepts of an individual or a group of persons.

It means that the State should have no religion of its own and no one
could proclaim to make the State have one such or endeavour to create a
theocratic State. Persons belonging to different religions live throughout the
length and breadth of the country. Each person, whatever be his religion, must
get an assurance from the State that he has the protection of law freely to profess,
practise and propagate his religion and freedom of conscience. Otherwise,
the rule of law will become replaced by individual perceptions of one’s
own presumptions of good social order. Religion cannot be mixed with secular
activities of the State and fundamentalism of any kind cannot be permitted
to masquerade as political philosophies to the detriment of the larger interest
of society and basic requirement of a Welfare State. The Court noted disturbing
trends. It noted that lately, vested interests fanning religious fundamentalism
of all kinds, and vying with each other, are attempting to subject
the Constitutional machineries of the State

Advertisement

SALIENT FEATURES OF THE INDIAN CONSTITUTION: SOCIALIST STATE


The word “socialist” was not there originally in the Preamble. It was added to
the Preamble by the 42nd Amendment of the Constitution in 1976. Thus, the
concept of “socialism” has been made explicit and India’s commitment to this
ideal has been underlined and strengthened.


The term “socialist” has not been defined in the Constitution. It does not however envisage doctrinaire socialism in the sense of insistence on state ownership as a matter of policy. It does not mean total exclusion of private enterprise and complete state ownership of material resources of the Nation. In India, there has always been emphasis on mixed economy, i.e., along with a public sector, the private sector also has a role to play. The government accepts
the policy of mixed economy where both public and private sectors co-exist side by side. However, the private enterprises has so far been rigorously controlled by the government, but signs are appearing on the horizon that in future the private enterprise is going to play a much more important economic role than it has
played so far.


The Supreme Court has in a number of decisions referred to the concept of socialism
and has used this concept along with the Directive Principles of State
Policy to assess and evaluate economic legislation. The Court has derived the
concept of social justice and of an economically egalitarian society from the concept
of socialism. According to the Supreme Court, “the principal aim of socialism
is to eliminate inequality of income and status and standards of life, and to
provide a decent standard of life to the working people.”
Democratic socialism aims to end poverty, ignorance, disease and inequality
of opportunity. Socialistic concept of society should be implemented in the true
spirit of the Constitution.

In Samatha v. State of Andhra Pradesh, the Supreme
Court has stated while defining socialism : “Establishment of the egalitarian
social order through rule of law is the basic structure of the Constitution.”

The Court has laid emphasis on social justice so as to attain substantial degree
of social, economic and political equality. Social justice and equality are complimentary
to each other.
Another idea propounded by the Court is that socialism means distributive
justice so as to bring about the distribution of material resources of the community
so as to subserve the common good.
By reading the word ‘socialist’ in the Preamble with the Fundamental Rights
contained in Arts. 14 and 16, the Supreme Court has deduced the Fundamental
Right to equal pay for equal work and compassionate appointment.

SALIENT FEATURES OF THE INDIAN CONSTITUTION: PREAMBLE

Unlike the Constitutions of Australia, Canada or the U.S.A., the Constitution
of India has an elaborate Preamble. The purpose of the Preamble is to clarify who
has made the Constitution, what is its source, what is the ultimate sanction behind
it; what is the nature of the polity which is sought to be established by the
Constitution and what are its goals and objectives?


The Preamble does not grant any power but it gives a direction and purpose to
the Constitution. It outlines the objectives of the whole Constitution. The Preamble
contains the fundamentals of the Constitution. It serves several important
purposes, as for example:


(1) It contains the enacting clause which brings the Constitution into
force.
(2) It declares the great rights and freedoms which the people of India
intended to secure to all its citizens.
(3) It declares the basic type of government and polity which is sought to
be established in the country.
(4) It throws light on the source of the Constitution, viz. the People of India.


The words in the Preamble, “We the people of India…in our Constituent Assembly…
do hereby adopt, enact and give to ourselves this Constitution”, propound
the theory that the ‘sovereignty’ lies in the people, that the Constitution,
emanates from them; that the ultimate source for the validity of, and the sanction
behind the Constitution is the will of the people; that the Constitution has not
been imposed on them by any external authority, but is the handiwork of the Indians
themselves.


Thus, the source of the Constitution are the people themselves from whom the
Constitution derives its ultimate sanction. This assertion affirms the republican
and democratic character of the Indian polity and the sovereignty of the people.
The People of India thus constitute the sovereign political body who hold the ultimate
power and who conduct the government of the country through their
elected representatives.
The claim that the People of India have given to themselves the Constitution
is in line with similar claims made in several other democratic Constitutions,
such as those of the U.S.A., Ireland, etc.

As regards the nature of the Indian Polity, the Preamble to the Constitution declares
India to be a ‘Sovereign Socialist Secular Democratic Republic’. The term
‘Sovereign’ denotes that India is subject to no external authority and that the state
has power to legislate on any subject in conformity with constitutional limitations.
The term ‘democratic’ signifies that India has a responsible and parliamentary form
of government which is accountable to an elected legislature. The Supreme Court has
declared ‘democracy’ as the basic feature of the Constitution. The term ‘Republic’
denotes that the head of the state is not a hereditary monarch, but an elected functionary.
As to the grand objectives and socio-economic goals to achieve which the Indian
Polity has been established, these are stated in the Preamble. These are: to
secure to all its citizens social, economic and political justice; liberty of thought,
expression, belief, faith and worship; equality of status and opportunity, and to
promote among them fraternity so as to secure the dignity of the individual and
the unity and integrity of the Nation.
Emphasizing upon the significance of the three concepts of liberty, equality
and fraternity used in the Preamble, Dr. Ambedkar observed in his closing speech
in the Constituent Assembly on November 25, 1949 : “The principles of liberty,
equality and fraternity are not to be treated as separate items in a trinity. They
form a union of trinity in the sense that to divorce one from the other is to defeat
the very purpose of democracy. Liberty cannot be divorced from equality, equality
cannot be divorced from liberty. Nor can liberty and equality be divorced
from fraternity. Without equality liberty would produce the supremacy of the few
over the many. Equality without liberty, would kill individual initiative”.
The Supreme Court has emphasized that the words “fraternity assuring the
dignity of the individual” have “a special relevance in the Indian context” because
of the social backwardness of certain sections of the community who had
in the past been looked down upon.
To give a concrete shape to these aspirations, the Constitution has a Chapter
on Fundamental Rights which guarantee certain rights to the people, such as,
freedom of the person, freedom of speech, freedom of religion, etc.
According to the Supreme Court, “The Constitution envisions to establish an
egalitarian social order rendering to every citizen, social, economic and political
justice in a social and economic democracy of the Bharat Republic.” The Constitution
thus ensures economic democracy along with political democracy.
The goals and objectives of the Indian Polity as stated in the Preamble are
sought to be further clarified, strengthened and concretized through the Directive
Principles of State Policy.

The Preamble lays emphasis on the principle of equality which is basic to the
Indian Constitution. The principle of equality is a basic feature or structure of the
Constitution which means that even a constitutional amendment offending the
basic structure of the Constitution is ultra vires. A legislature cannot transgress
this basic feature of the Constitution while making a law.

SALIENT FEATURES OF THE INDIAN CONSTITUTION: WRITTEN CONSTITUTION

India’s Constitution is a lengthy, elaborate and detailed document. Originally
it consisted of 395 Articles arranged under 22 Parts and eight Schedules. Today,
after many amendments, it has 441 Articles and 12 Schedules. It is probably the
longest of the organic laws now extant in the world.

Several reasons contributed to its prolixity.

First, the Constitution deals with
the organization and structure not only of the Central Government but also of the
States.

Secondly, in a federal Constitution, Centre-State relationship is a matter
of crucial importance. While other federal Constitutions have only skeletal provisions
on this matter, the Indian Constitution has detailed norms.

Thirdly, the
Constitution has reduced to writing many unwritten conventions of the British
Constitution, as for example, the principle of collective responsibility of the
Ministers, parliamentary procedure, etc.

Fourthly, there exist various communities and groups in India. To remove
mutual distrust among them, it was felt necessary to include in the Constitution
detailed provisions on Fundamental Rights, safeguards to minorities, Scheduled
Tribes, Scheduled Castes and Backward Classes.

Fifthly, to ensure that the future India be based on the concept of social welfare,
the Constitution includes Directive Principles of State Policy.

Lastly, the Constitution contains not only the fundamental principles of governance
but also many administrative details such as the provisions regarding citizenship,
official language, government services, electoral machinery, etc.

In other Constitutions,
these matters are usually left to be regulated by the ordinary law of the
land. The framers of the Indian Constitution, however, felt that unless these provisions
were contained in the Constitution, the smooth and efficient working of the
Constitution and the democratic process in the country might be jeopardized.
The form of administration has a close relation with the form of the Constitution,
and the former must be appropriate to, and in the same sense as, the latter. It
is quite possible to pervert the Constitutional mechanism without changing its
form by merely changing the form of the administration and making it inconsistent
with, and opposed to, the spirit of the Constitution. Since India was emerging
as an independent country after a long spell of foreign rule, the country lacked
democratic values. The Constitution-makers, therefore, thought it prudent not to
take unnecessary risks, and incorporate in the Constitution itself the form of administration
as well, instead of leaving it to the legislature, so that the whole
mechanism may become viable.
It would, however, be wrong to suppose that the Indian Constitution with all
its prolixity finally settles all problems of government. It leaves a number of
matters to be taken care of by ordinary legislation. It also provides scope, though
not so much as in Britain, for the growth and development of conventions.


Thus, the relationship between the President or the State Governor and his Council
of Ministers, the concept of ministerial responsibility for acts of the officials,
the relationship between the Prime Minister or the Chief Minister in a State and
his Council of Ministers, the appointment of a State Governor, dissolution of the
Lok Sabha or of a State Legislative Assembly by the President or the Governor
respectively, the relations between the President and the Governor, are some of the
matters which are left to be evolved by conventions.


It is not correct to assume that the conventions of the British Constitution would operate suo motu in India wherever relevant and applicable. In course of time, some of these conventions have been questioned, and new conventions are in the process of emergence. This is mainly because most of the conventions of the British Constitution have been evolved in the context of a two-party system, while in India, a multiparty system is evolving. More will be said on this subject in later pages.

SALIENT FEATURES OF THE INDIAN CONSTITUTION: MODERN CONSTITUTION



The fact that the Indian Constitution was drafted in the mid-twentieth century gave an advantage to its makers in so far as they could take cognizance of the various constitutional processes operating in different countries of the world and thus draw upon a rich fund of human experience, wisdom, heritage and traditions in the area of governmental process in order to fashion a system suited to the political, social and economic conditions in India. In the end result, the Indian Constitution has turned out to be a very interesting and unique document. One could discern in it the impact of several Constitutions. As for instance, the Indian Federalism is influenced by the American, Canadian and Australian Federalism. Fundamental Rights in India owe a great deal to the American Bill of Rights; the process of Constitutional amendment adopted in India is a modified version of the American system.


The influence of the British Constitutional Law, theories and practices on the
Indian Constitution is quite pervasive. As for example, the parliamentary form of
government in India closely follows the British model in substance; the system of
prerogative writs which plays a crucial role in protecting peoples’ legal rights and
ensuring judicial control over administrative action is Britain’s contribution to
India. Australia’s experiences have been especially useful for ordering the Centre-
State financial relationship, and for promoting the concept of freedom of trade
and commerce in the country. Inspiration has come from the Irish Constitution in
the shaping of the Directive Principles of State Policy.
The Government of India Act, 1935, which preceded the Indian Constitution,
has furnished not only administrative details, but also the verbatim language of
many provisions of the Constitution.
It will, however, be wrong to suppose that the Indian Constitution is just a carbon
copy of other Constitutions and contains nothing new and original. While
adopting some of the principles and institutions developed in other democratic
and federal countries, it yet strikes new paths, new approaches and patterns, in
several directions. It makes bold departures in many respects from the established
Constitutional norms and introduces many innovations. For example, in the area
of Centre-State relationship, with a view to achieve the twin objectives of promoting
the unity of India and reducing rigidity inherent in a federal system, the
Indian Constitution makes several provisions which are original in conception as
nothing parallel to these is to be found in any other federal Constitution and, to
this extent, it makes a distinct contribution to the development of theories and
practices of federalism in general.

About Computers

Today’s twenty-first century is that ‘scientific age’. The first of all technologies here is our PC. It is important to explore the functionality and cons of such a PC throughout this article.

Computer History
The Chinese ‘Abacus’ device is considered to be the first step of the PC. The computing machine was invented in 1824 by Dr. Alan Mathison Turing. PC is a trend for the field unit as we know it these days. PC was created in 1944 by Dr. Howard Aiken, a faculty member at Harvard University. This was followed by the manufacture of mainframes in 1976. It is noteworthy that today’s microcomputers have undergone many changes in almost four decades.

PC type
A computer area unit used in many areas to look after the functions of a PC. They are computers such as analog, digital computers and hybrid computers. Computers that came when the basic generation did the mixing of the basic generation functions. Not only this but also use PC in general business record for area unit calculation for computer.
Blessings of PC
In the days to come, the North American nation will be hard to try to do anything but PC. It plays a very important role in the medical field from microbial detection to surgery. In the nuclear industry it became necessary to understand all the technologies from earth to field. In agriculture it is sensitive to soil level to seed level. PC Reception Rule. We need PCs and adhere to areas like police and pseudoscience fringes.

Disadvantages of computer

Lifestyle is a mixture of good and bad. There is wisdom and sickness in the use of all things, not just life. Similarly, there is a risk of ‘virus’ in the PC. And makes man lazy. Theme minded people are using PC these days for various evils.
We can only take advantage of the PC by demanding similar functions that can be used in a very good way for this PC at home and in the country! Let’s get better!

JUPITER

Jupiter was appropriately named after the king of the gods. It’s massive, has a powerful magnetic field, and more moons that any planet in the Solar System. Though it has been known to astronomers since ancient times, the invention of the telescope and the advent of modern astronomy has taught us so much about this gas giant.

In short, there are countless interesting facts about this gas giant that many people just don’t know about. And we here at Universe Today have taken the liberty of compiling a list of ten particularly interesting ones that we think will fascinate and surprise you. Think you know everything about Jupiter? Think again!

Facts about jupiter

1. Jupiter Is Massive:

It’s no secret that Jupiter is the largest planet in the Solar System. But this description really doesn’t do it justice. For one, the mass of Jupiter is 318 times as massive as the Earth. In fact, Jupiter is 2.5 times more massive than all of the other planets in the Solar System combined. But here’s the really interesting thing.

2. Jupiter Cannot Become A Star:

Astronomers call Jupiter a failed star, but that’s not really an appropriate description. While it is true that, like a star, Jupiter is rich in hydrogen and helium, Jupiter does not have nearly enough mass to trigger a fusion reaction in its core. This is how stars generate energy, by fusing hydrogen atoms together under extreme heat and pressure to create helium, releasing light and heat in the process.

This is made possible by their enormous gravity. For Jupiter to ignite a nuclear fusion process and become a star, it would need more than 70 times its current mass. If you could crash dozens of Jupiters together, you might have a chance to make a new star. But in the meantime, Jupiter shall remain a large gas giant with no hopes of becoming a star. Sorry, Jupiter!

3. Jupiter Is The Fastest Spinning Planet In The Solar System:

For all its size and mass, Jupiter sure moves quickly. In fact, with an rotational velocity of 12.6 km/s (~7.45 m/s) or 45,300 km/h (28,148 mph), the planet only takes about 10 hours to complete a full rotation on its axis. And because it’s spinning so rapidly, the planet has flattened out at the poles a little and is bulging at its equator.

In fact, points on Jupiter’s equator are more than 4,600 km further from the center than the poles. Or to put it another way, the planet’s polar radius measures to 66,854 ± 10 km (or 10.517 that of Earth’s), while its diameter at the equator is 71,492 ± 4 km (or 11.209 that of Earth’s). This rapid rotation also helps generate Jupiter’s powerful magnetic fields, and contribute to the dangerous radiation surrounding it.

4. The Clouds On Jupiter Are Only 50 km Thick:

That’s right, all those beautiful whirling clouds and storms you see on Jupiter are only about 50 km thick. They’re made of ammonia crystals broken up into two different cloud decks. The darker material is thought to be compounds brought up from deeper inside Jupiter, and then change color when they reacted with sunlight. But below those clouds, it’s just hydrogen and helium, all the way down.

5. The Great Red Spot Has Been Around For A Long Time:

The Great Red Spot on Jupiter is one of its most familiar features. This persistent anticyclonic storm, which is located south of its equator, measures between 24,000 km in diameter and 12–14,000 km in height. As such, it is large enough to contain two or three planets the size of Earth’s diameter. And the spot has been around for at least 350 years, since it was spotted as far back as the 17th century.

The Great Red Spot was first identified in 1665 by Italian astronomer Giovanni Cassini. By the 20th century, astronomers began to theorize that it was a storm, one which was created by Jupiter’s turbulent and fast-moving atmosphere. These theories were confirmed by the Voyager 1 mission, which observed the Giant Red Spot up close in March of 1979 during its flyby of the planet.

However, it appears to have been shrinking since that time. Based on Cassini’s observations, the size was estimated to be 40,000 km in the 17th century, which was almost twice as large as it is now. Astronomers do not know if or when it will ever disappear entirely, but they are relatively sure that another one will emerge somewhere else on the planet.

6. Jupiter Has Rings:

When people think of ring systems, Saturn naturally comes to mind. But in truth, both Uranus and Jupiter have ring systems of their own. Jupiter’s were the third set to be discovered (after the other two), due to the fact that they are particularly faint. Jupiter’s rings consist of three main segments – an inner torus of particles known as the halo, a relatively bright main ring, and an outer gossamer ring.

These rings are widely believed to have come from material ejected by its moons when they’re struck by meteorite impacts. In particular, the main ring is thought to be composed of material from the moons of Adrastea and Metis, while the moons of Thebe and Amalthea are believed to produce the two distinct components of the dusty gossamer ring.

This material fell into orbit around Jupiter (instead of falling back to their respective moons) because if Jupiter’s strong gravitational influence. The ring is also depleted and replenished regularly as some material veers towards Jupiter while new material is added by additional impacts.

7. Jupiter’s Magnetic Field Is 14 Times Stronger Than Earth’s:

Compasses would really work on Jupiter. That’s because it has the strongest magnetic field in the Solar System. Astronomers think the magnetic field is generated by the eddy currents – i.e. swirling movements of conducting materials – within the liquid metallic hydrogen core. This magnetic field traps particles of sulfur dioxide from Io’s volcanic eruptions, which producing sulfur and oxygen ions. Together with hydrogen ions originating from the atmosphere of Jupiter, these form a plasma sheet in Jupiter’s equatorial plane.

Farther out, the interaction of the magnetosphere with the solar wind generates a bow shock, a dangerous belt of radiation that can cause damage tos spacecraft. Jupiter’s four largest moons all orbit within the magnetosphere, which protects them from the solar wind, but also make the likelihood of establishing outposts on their surface problematic. The magnetosphere of Jupiter is also responsible for intense episodes of radio emission from the planet’s polar regions.

8. Jupiter Has 67 Moons:

As of the penning of this article, Jupiter has a 67 confirmed and named satellites. However, it is estimated that the planet has over 200 natural satellites orbiting it. Almost all of them are less than 10 kilometers in diameter, and were only discovered after 1975, when the first spacecraft (Pioneer 10) arrived at Jupiter.

However, it also has four major moons, which are collectively known as the Galilean Moons (after their discovered Galileo Galilei). These are, in order of distance from Jupiter, Io, Europa, Ganymede, and Callisto. These moons are some of the largest in the Solar System, with Ganymede being the largest, measuring 5262 km in diameter.

9. Jupiter Has Been Visited 7 Times By Spacecraft:

Jupiter was first visited by NASA’s Pioneer 10 spacecraft in December 1973, and then Pioneer 11 in December 1974. Then came the Voyager 1 and 2 flybys, both of which happened in 1979. This was followed by a long break until Ulysses arrived in February 1992, followed by the Galileo space probe in 1995. Then Cassini made a flyby in 2000, on its way to Saturn. And finally, NASA’s New Horizons spacecraft made its flyby in 2007. This was the last mission to fly past Jupiter, but it surely won’t be the last.

10. You Can See Jupiter With Your Own Eyes:

Jupiter is the third brightest object in the Solar System, after Venus and the Moon. Chances are, you saw Jupiter in the sky, and had no idea that’s what you were seeing. And here at Universe Today, we are in the habit of letting readers know when the best opportunities for spotting Jupiter in the night sky are.

Chances are, if you see a really bright star high in the sky, then you’re looking at Jupiter. Get your hands on a pair of binoculars, and if you know someone with a telescope, that’s even better. Using even modest magnification, you might even spot small specks of light orbiting it, which are its Galilean Moons. Just think, you’ll be seeing precisely what Galileo did when he gazed at the planet in 1610.

Success story of KFC

“It’s too late to start one new thing, to do any or all of those things you’ve always wanted to do.” Dallas Clayton. This statement is true of the KFC owner entrusted with military officer Harland Sanders. He started selling cooked chicken at the age of sixty-nine. He dismissed the idea of ​​capitalism as such that he would start at a young age to become a successful businessman.

History of KFC

KFC (Kentucky Cooked Chicken) was founded by military official Harland Sanders in 1952 in Mormon State. He has worked for many years in many successful mixed fields before starting KFC food. KFC is targeted at cooked chicken when there is a hamburger rule. Sanders learned to prepare at an early age at the age of seven. He developed what he called his “original recipe” containing eleven herbs and spices from the Gregorian calendar in 1940. The same formula is used for KFC restaurants. KFC headquarters was established in Louisville, USA, in 1959.

The first years of KFC

In 1952, Sanders introduced his secret formula “Kentucky Cooked Chicken” for the first time to Pete Harman of South Salt Lake, Utah, the operator of one of the city’s largest restaurants. The idea of ​​a franchise flourished. once in Pete Harman’s success, many other homeowners refused to think and paid Sanders $ 0.04 per chicken. Sanders has visited suitable restaurants in the U.S.A. wanting to provide for a franchise, once he has sold his south building in a salt lake due to new traffic rules that have been reduced. while closing the North Corbin website, Sanders and his wife Claudia opened a new building and company headquarters in Shelbyville in 1959. He slept in the back of his car several times, while visiting restaurants to provide a right if staff liked his chicken. once the jiffy franchise first approached military commander Sanders instead. She has worked for the company and her husband Claudia mixed it up and sent spices to restaurants.

The franchise method was a city necessity; KFC was one of the first expanded food chains in the world, with grocery stores in the North American nation and later within the united states, Mexico and Jamaica in the mid-1960s. powerless to expand the company, authorized military officer Sanders sold the company to John Y. Brown Jr. and Jack C. Massey in 1964. however Sanders continued his association with the company as a fully paid ambassador. a military officer sent by Sanders died at the age of 90 on December 16, 1980. Throughout the trip, he received rejection at 1009 restaurants. However, he does not give up as he is assured about his unique formula and style. and finally, at the same time a few restaurants came to an agreement to sell Sander chicken formula. In 1963, about 600 restaurants agreed to sell the American formula and chicken to make it perfect.

Today KFC has established us as a result of the largest environmental event taking place worldwide in 136 countries. A lesson we can learn from Sander’s life is that Success can happen at any age. the only real story required is your confidence in achieving your dream at any stage of your life. you always believe with all your heart, the burning need to succeed can open your way to your dream despite everything and your age! so don’t give up!

Rights and Rulings regarding Live-in relationship

In India, the concept of Live-In Relationships is not expressly recognized by the legislature.

However, the courts in India have time and again observed that a long continued live-in relationship can raise a presumption of marriage to safeguard the interests of the parties (generally women) to such arrangement and the children born out of such arrangement.

Reforms of Criminal Justice System

Recommendations 

1) That evidence regarding a man and woman living together for a sufficiently long period should be enough to draw the presumption that the marriage was performed according to the customary rights and ceremonies of the parties

2) It was proposed that the word wife in the section 125 CrPC should be altered to include a woman who was living with the men like his wife for a reasonably protracted period.

Marvin versus Marvin

Court used a new expression of “palimony” has been coined the which is a combination of “pal” and “alimony”. For social obligation of a man entering into a live-in relationship with another woman without the formalities of a marriage.

It was held that

1) The provisions of the family law do not govern a non-marital relationship; such a relationship remains subject solely to the judicial decisions.

2) The court should enforce Express contracts between non marital parents except founded on the consideration of meretricious sexual services.

Gokal Chand versus Pravin Kumari

It was held that continuous cohabitation of men and women as husband and wife may raise the presumption of marriage but the presumption which may be drawn from long cohabitation is rebuttable and if there are such circumstances which we can destroy that presumption, the court cannot ignore them.

Badri Prasad v Director of consolidation

A strong presumption arises in favour of wed-lock where the partners have lived together for a long spell as husband and wife. Although the presumption is rebuttable, a heavy burden lies on him who seeks to deprive the relationship of legal origin.

D. Velusamy and D. Patchaimal

To get recognized as “in the nature of marriage,” certain conditions were set by the Supreme Court in the case of “D. Velusamy and D. Patchaimal (5 SCC 600).”

1) Duration of period of relationship Section 2 (f) of the DV Act has used the expression “at any point of time”, which means a reasonable period of time to maintain and continue a relationship which may vary from case to case, depending upon the fact situation.

(2) Shared household The expression has been defined under Section 2(s) of the DV Act and, hence, need no further elaboration.

(3) Pooling of Resources and Financial Arrangements Supporting each other, or any one of them, financially, sharing bank accounts, acquiring immovable properties in joint names or in the name of the woman, long term investments in business, shares in separate and joint names, so as to have a long standing relationship, may be a guiding factor.

(4) Domestic Arrangements Entrusting the responsibility, especially on the woman to run the home, do the household activities like cleaning, cooking, maintaining or upkeeping the house, etc. is an indication of a relationship in the nature of marriage.

(5) Sexual Relationship Marriage like relationship refers to sexual relationship, not just for pleasure, but for emotional and intimate relationship, for procreation of children, so as to give emotional support, companionship and also material affection, caring etc.

(6) Children; Having children is a strong indication of a relationship in the nature of marriage. Parties, therefore, intend to have a long-standing relationship. Sharing the responsibility for bringing up and supporting them is also a strong indication.

(7) Socialization in Public Holding out to the public and socializing with friends, relations and others, as if they are husband and wife is a strong circumstance to hold the relationship is in the nature of marriage.

(8) Intention and conduct of the parties Common intention of parties as to what their relationship is to be and to involve, and as to their respective roles and responsibilities, primarily determines the nature of that relationship. Live-in relationships are the new and on-going trends among the youth that gives them the freedom to live without any pressure of arranged marriages.