Saturday, 15 June 2013

                         The core of all law and legal rules is Fundamental rights which guaranteed by constitution  of India From Art. 12 to 35. 

                            These rights are provide by constitution to citizen of India ( Who is a citizen of India Explain In Part II Art. 5)

A.Right to Equality

Article 14. The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.


B.Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.


Article 15. (1) The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them.

(2) No citizen shall, on grounds only of religion, race, caste, sex, place of birth or any of them, be subject to any disability, liability, restriction or condition with regard to—

(a) access to shops, public restaurants, hotels and places of public entertainment; or

(b) the use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly out of State funds or dedicated to the use of the general public. 


(3) Nothing in this article shall prevent the State from making any special provision for women and children.

C. Equality of opportunity in matters of public employment
Article number 16 is important in manner of employment opportunity to all citizen who having Indian Nationality. It is helpful to give equal opportunity to all kind of people

(1) There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State.
(2) No citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them, be ineligible for, or discriminated against in respect of, any employment or office under the State.
(3) Nothing in this article shall prevent Parliament from making any law prescribing, in regard to a class or classes of employment or appointment to an office 1[under the Government of, or any local or other authority within, a State or Union territory, any requirement as to residence within that State or Union territory] prior to such employment or appointment.
(4) Nothing in this article shall prevent the State from making any provision for the reservation of appointments or posts in favour of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the State.
(4A) Nothing in this article shall prevent the State from making any provision for reservation 3[in matters of promotion, with consequential seniority, to any class] or classes of posts in the services under the State in favour of the Scheduled Castes and the Scheduled Tribes which, in the opinion of the State, are not adequately represented in the services under the State.]
(4B) Nothing in this article shall prevent the State from considering any unfilled vacancies of a year which are reserved for being filled up in that year in accordance with any provision for reservation made under clause (4) or clause (4A) as a separate class of vacancies to be filled up in any succeeding year or years and such class of vacancies shall not be considered together with the vacancies of the year in which they are being filled up for determining the ceiling of fifty per cent. reservation on total number of vacancies of that year.]
(5) Nothing in this article shall affect the operation of any law which provides that the incumbent of an office in connection with the affairs of any religious or denominational institution or any member of the governing body thereof shall be a person professing a particular religion or belonging to a particular denomination.
Today we can study few important definition of law and few important terms constitution.


(a)    Law: “law” includes any Ordinance, order, bye-law, rule, regulation, notification, custom or usage having in the territory of India the force of law;

(b)   Laws in force: “laws in force” includes laws passed or made by a Legislature or other competent authority in the territory of India before the commencement of this Constitution and not previously repealed, notwithstanding that any such law or any part thereof may not be then in operation either at all or in particular areas.


Regards
Adv. Mayur S. Gadave

Monday, 27 May 2013

What Is Management ?

What Is Management ?

The organization and coordination of the activities of a business in order to achieve defined objectives.

“Management is often included as a factor of production along with‚ machines, materials, and money.”

“According to the management guru Peter Drucker (1909-2005)”:
“the basic task of management includes both marketing and innovation. Practice of modern management originates from the 16th century study of low-efficiency and failures of certain enterprises”,

“According To Sir Thomas More (1478-1535)”:
“Management consists of the interlocking functions of creating corporate policy and organizing, planning, controlling, and directing an organization's resources in order to achieve the objectives of that policy.”


The directors and managers who have the power and responsibility to make decisions and oversee an enterprise.


“The size of management can range from one person in a small organization to hundreds or thousands of managers in multinational companies. In large organizations, the board of directors defines the policy which is then carried out by the chief executive officer, or CEO. Some people agree that in order to evaluate a company's current and future worth, the most important factors are the quality and experience of the managers.”
CITIZENSHIP

So In Part I we discuss territory and in Part II we can see concept of Citizenship:

Art.5:
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 immediately preceding such commencement, shall be a citizen of India.

Art.6:
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 i —
(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 for at least six months immediately preceding the date of his application.

PART I OF INDIAN CONSTITUTION


So as we become familiar with concept of preamble now we can discuss some important Articles of Indian constitution:

PART I EXPLAINS: THE UNION AND ITS TERRITORY

ARTICLE 1. Name and territory of the Union ...
ARTICLE 2. Admission or establishment of new States ...
ARTICLE 3. Formation of new States and alteration of areas, boundaries or names of existing States ...
ARTICLE 4. Laws made under articles 2 and 3 to provide for the amendment of the First and the Fourth Schedules and supplemental, incidental and consequential matters …

It is always happen when we start to study Indian constitution we ignore Art.1,2,3 & 4 which are important article in our constitution.
Art. 1 Explain, India, that is Bharat, shall be a Union of States.
 -The States and the territories thereof shall be as specified in the First Schedule.
 -The territory of India shall comprise—
(a) the territories of the States;
(b) the Union territories specified in the First Schedule; and
(c) such other territories as may be acquired.

Art 3. Explain: 
Parliament may by law—
(a) form a new State by separation of territory from any State or by uniting two or more States or parts of States or by uniting any territory to a part of any State;
(b) increase the area of any State;
(c) diminish the area of any State;
(d) alter the boundaries of any State;
(e) alter the name of any State.

So Art. 1 explain that the territory of India And Art. 3 explain Right of Parliament to expand or decrease the boundaries of State or province.

In Next Post we can discuss regard's citizenship of India.


        Regard's

Adv. Mayur S. Gadave 

Thursday, 23 May 2013

Law : Constitution and its preamble

Our Indian constitution came in to force on 26th, January 1950

Preamble is sole of our constitution 
so we can light on our preamble which mention as follow : 

THE CONSTITUTION OF INDIA

WE, THE PEOPLE OF INDIA, having solemnly
resolved to constitute India into a [SOVEREIGN
SOCIALIST SECULAR DEMOCRATIC REPUBLIC]
and
to secure to all its citizens:
JUSTICE, social, economic and political;
LIBERTY of thought, expression, belief, faith and
worship;
EQUALITY of status and of opportunity;
and to promote among them all
FRATERNITY assuring the dignity of the individual
and the [unity and integrity of the Nation];
IN OUR CONSTITUENT ASSEMBLY
this twentysixth
day of November, 1949,
do HEREBY ADOPT,
ENACT AND GIVE TO OURSELVES THIS
CONSTITUTION.

So, here each word which either in capital letter or in bold format having independent and great and deep meaning .

main difference which i want to mention here which i mention in preamble which I underline regard's date of existence or formation is 26th November 1949 and date of on which Indian constitution exactly came in to use i.e. force is 26th January, 1950. 

Indian Preamble.


Regard's

Adv. Mayur S. Gadave