Martial law is a law managed by the Martial as opposed to a regular citizen government. Martial law might be proclaimed in a crisis or reaction to an emergency, or to control an involved area. Martial law, brief guideline by Martial authorities of an assigned zone in time of crisis when the civil authority is esteemed incapable to work. The legitimate impacts of an assertion of Martial law contrast in different locales, yet they by and large include a suspension of ordinary social equality and the expansion to the regular citizen populace of synopsis Martial equity or of martial law.

Although temporary in theory, a condition of Martial law may in certainty proceed inconclusively. Martial law is an extreme and rare measure used to control society during war or times of common distress or disorder. As per the Supreme Court, the term Martial law conveys no exact significance. In any case, most assertions of Martial law have some regular highlights. By and large, the establishment of Martial law ponders some utilization of Martial power. To a fluctuating degree, contingent upon the Martial law request, government military work force have the position to make and implement common and criminal laws.

The assertion of martial law is an uncommon and momentous decision choice for a regular citizen government to make and for a valid justification. At the point when martial law is proclaimed, regular citizen control of a few or all parts of government activities is surrendered to the military. This implies, on account of chose governments, the agents picked by the democratic populace are no longer in power. Regular citizens have in this manner surrendered control of the nation in return for the expected reclamation of request with the likelihood that control may not be recovered later on.

At the point when martial law is proclaimed, common freedoms, for example, the option to free movement, free speech or security from nonsensical quests, can be suspended. The equity framework that regularly handles issues of criminal and common law is supplanted with a military equity framework, for example, a military tribunal. Regular citizens might be captured for disregarding curfews or for offenses that, in typical occasions, would not be viewed as sufficiently genuine to warrant detainment.

Laws identifying with habeas corpus that are intended to prevent unlawful detention confinement may likewise be suspended, permitting the military to keep people inconclusively without the chance of response.

The utilization of martial law in the wake of natural disasters is less normal. Instead of announce martial law and hand over capacity to the military on account of a typhoon or quake, governments are significantly more liable to proclaim a highly sensitive situation. At the point when a highly sensitive situation is pronounced, the legislature may extend its forces or breaking point the privileges of its residents.

The administration does not nonetheless, need to hand control over to its military. At times, an administration may conjure a highly sensitive situation explicitly to suppress dissent or opposition groups. So, what might occur if, in the midst of the frenzy of the coronavirus pandemic, the president attempted to announce martial law? Beyond a shadow of a doubt, military powers coordinated by state governors—and maybe even, in extraordinary cases, by the president—might be particularly ready to help get us through the current emergency.

In any event 20 state governors have now called up their National Guard to help with conveyance of food and clinical supplies, clean open offices, and adjust a portion of those offices to house patients if emergency clinics become overpowered. Watchman staff could likewise help authorize isolates requested by state governors, and even capture violators. In any case, their job is to help, not supplant, common specialists. The states’ lawful capacity to do this is clear; it isn’t martial law.

Secularism way that everyone enjoys the complete religious freedom because of this that government will not compel all people to adopt any unique faith. Religious freedom is our critical right, and is written in our constitution. Everybody has the freedom to publicize any religion, to espouse any religion or acquire any non-secular building.

No particular religion is maybe concept in college textbooks. India may be a country of diverse religions and to supply freedom to religion to everyone, and for equality of religion, India become declared a Secular country. The word secular modified into brought into the preamble with the help of way of the 42nd Amendment (1976). As in step with the written Constitution of India, India is an earthly state (India), and that we as residents of India must signify it.

Secularism clothed to be progressively conspicuous under nation guideline in India as Religion became an indivisible piece of governmental issues and public activity. At the season of Independence, secularism was the central point of the political pioneers. Every single unmistakable pioneer of the Indian National Congress like Nehru were focused on secularism. In any case, shockingly, the right inverse occurred, collective brutality prompted the unit of India and Pakistan in 1947 as independent countries.

Be that because it may, after Independence, India became a standard nation within which the Indian state failed to have any state religion, but rather her kin were allowed to pursue or receive any conviction within the Country. This task additionally looks forward towards the importance of secularism in different protected systems as an example in America the concept of detachment of state and religion when all is alleged in done, and therefore the correct importance of the ‘Foundation proviso’ specifically, has been the topic of much discussion and contention.

Notwithstanding its experience, subsequently, it’s being recommended that the philosophical force behind the U.S Secularism has dependably been to ‘Shield religion from the State.’ don’t see a lawmaker in France tie his or her religion or individual convictions into his or her legislative issues when casting a ballot on laws which will influence everyone– in any event not freely; it’s simply illegal.

In India, the thought of Secularism assumes an important job. Secularism in India may be a positive, progressive and complete idea which takes inside its breadth all of the networks in India following some religions. Secular might be against Religious as in an exceedingly mainstream State will be an enemy of spiritual State. In this sense, the Constitution of India isn’t common, on the grounds that the on to the opportunity of faith is an ensured major right.

The word Secular may mean that as far because the State is anxious, it doesn’t support any religion out of Public funds, nor does it penalize the profession and practice of any religious conviction or the correct to manage religious institutions as provided in Articles 25 and 26.

Secularism As Part Of Basic Structure Of Indian Constitution:

At independence in 1947, India was a nation embarking on a replacement and challenging endeavor of building an economically independent democracy that might treat all its citizens equally. As an element of this enterprise, India committed to ‘secularism,’ which within the context of the two nation theory and therefore the creation of Pakistan by religion, acquired even more significance.

The message was that India wouldn’t construct its citizenship and nationality by religious identity. During the drafting of the Indian Constitution, despite the reluctance of the Constituent Assembly to include the word secular, and despite the very fact that the word Secular was formally inserted within the Preamble to the Constitution of India by the 42nd Amendment of 1976 to the Constitution of India, still, a survey of the provisions of the Indian constitution suggest that India as a state is become independent from religion and would guarantee religious freedoms to the citizens of all faith, while not discriminating against any citizen on the idea of faith.

Thus, the Indian Constitution guarantees both individual and collective freedom of religion through the Articles 25-28 enshrined partially III of the constitution which deals with Fundamental rights. Article 15 and 16 also guarantees nondiscrimination on the ground of faith. The Indian constitution through its preamble, fundamental rights, and directive principles have created a secular state supported the principle of equality and nondiscrimination.

With the event of Indian Constitutional philosophy of social and economic democracy, secularism has been held to be one amongst the ‘Basic Structures’ of Indian Constitution. Thus, the character of polity promised within the preamble is incapable of alteration even within the exercise of the ability to amend the Constitution under article 368.

Religion may be a matter of religion. Though the critics won’t agree, because it is certainly a fact that India and its people though have entered the globalized era, but still preserve the deep religious values at the core. This picture of ‘Secularism’ in India is indeed a cause of concern.

Today, the secular character of the Indian democracy is taken into account to be under threat. The razing of the Babri Mosque in Ayodhya (Uttar Pradesh) led to riots and killings by Muslims and by Hindus. The recent massacres of innocent Hindus in Godhra (Gujarat), presumably ignited by smoldering Muslim resentments against the Hindutva proponents over Ayodhya, touched off an enormous massacre of equally innocent Muslims in tit-for-tat killings that destabilized yet further the hostility under which these religious societies had lived earlier in Gujarat State in an environment of secularism. From periods the Supreme Court of India has been inferring the concept of Secularism in the Indian Constitution in a very different system.

The Supreme Court expressed his views on the Secular nature of the Constitution for the primary time within the case:

1. Sardar Taheruddin Syedna Saheb v. State of Bombay explained that the Articles 25 and 26 embody the principle of spiritual toleration that has been the characteristic feature of Indian civilization from the beginning of history. The instances and periods when this feature was absent being merely temporary aberrations Besides, they serve to relinquish emphasis to the secular nature of the Indian democracy which the founding fathers of Secularism considered to be the very basis of the Constitution. This case is additionally called The Ex-Communication case.
2.  Similarly, in Keshwananda Bharti v. The State of Kerala:
   The court is of the opinion that Secularism could be a part of the fundamental Structure of the Constitution. Enumerating the elementary features of the Constitution, Ld. J Sikri named secular character of the Constitution joined of them. Ld. J Shelat and Grover, stated that:
   secular and federal character of the Constitution were amongst the most ingredients of the essential structure enumerated therein. Jaganmohan Reddy Ld. J, stated clearly that Liberty of thought, expression, belief, faith, and worship couldn’t be amended at any cost as they’re the part of elementary features of the Indian Constitution. Though in Keshwananda the Court in no uncertain terms laid down that secularism forms part of the essential structure of the Constitution, in Ahmedabad St. Xavier’s College

Evolution Of The Globe Secular Within The World:

The origin of the word secular is from the Latin word speculum meant a set period, roughly 100 years just about. Within the Romance languages, it evolved into century. In Christian Latin, Secularism was a useful term for distinguishing this temporal age of the world from the divinely eternal realm of God. Anything secular has got to do with any kind of affairs rather with spiritual affairs.

The English language Dictionary records this meaning for secular: Belonging to the planet and its affairs as distinguished from the church and religion; civil, lay, temporal. After the Enlightenment, the term secular gained additional meaning as thinkers found more and more earthly affairs which ought to be separate and independent from religious classification and control. Two primary examples are the gradual disentanglement of capitalist economics and democratic politics from religion during the 17th and 18th centuries.

it’s viewed as a process, the secular came to be understood as something that originates in degrees, has stages, and can gradually evolve from time to time. During the 19th century, more freethinkers conceived of a future ideal society that would become thoroughly secular.

The term secularism was created in 1846 by George Jacob Holyoake to explain a form of opinion which concerns itself only with questions, the problems of which might be tested by the experience of this life. Secularism didn’t explicitly portray the concept in opposition to religion; rather, it only refers en passant to the concept of that specialize in this life reasonably than speculation about the other natural life. That undoubtedly excludes many religious belief systems, most significantly the religious belief of Holyoake’s day, but it doesn’t necessarily eliminate all possible religious beliefs.

Secularism currently signifies:
secularism is affirming the on to be free from religious standard and lessons, or, in a very state proclaimed to be nonpartisan on problems with conviction, from the inconvenience by legislature of faith or religious practices upon its kin.

Comparative Study Of Importance Of Secularism In Various Constitutional Frameworks:

1. the Importance of Secularism within the USA The main alteration lapsed the USA on lapsed Congress September 25, 1789. Confirmed on December 15, 1791 which states that Congress will make no law regarding a foundation of faith, or precluding the free exercise thereof; or condensing the correct to talk freely, or of the press; or the directly of the final population quietly to amass, and to request of the govt for a change of complaints.
   
   The first change lapsed the USA could be a tremendous fix for the partisan wars that had been so harming, and it likewise helped towards the clearness of various concerns held by religious groups that had fled to flee oppression by their legislatures to America from Europe. The first law joined the region immediately of its very establishing. This law was fundamental for one more intention was that to clear up that America isn’t only a Christian country.
   
   Numerous individuals have begun to trust that America may be a Christian country and the condition of disparity occurring from the premise of faith would have turned into a significant issue. Do Christians overwhelm the final public by numbers  Indeed, however that’s the explanation it absolutely was so important to form laws in regards to the lucidity of true of law within the USA so individuals rehearsing some other religion within the Nation is ensured by it.
    
2. The Importance of Secularism in France Laïcité which implies mainstream quality may be a French idea of secularism. France is one of the most western nations to demand this concept. It had bolstered this idea since 1905 when a law was passed with the arrange to advance more freedoms. This idea was considerable in France for the protection of minor as from social weights and to keep up a strategic distance from any contention between the minors who demonstrate their religious connection. it’s significant for a minor to acknowledge the various decisions made by the opposite individuals and regard their choice.
   
   There’s more noteworthy social assorted variety in France today than previously, which is that the reason the state needs secularism now like never before, for it empowers all residents, whatever their philosophical or religious convictions, to measure respectively, getting a charge out of opportunity of still, small voice, opportunity to rehearse a faith or to choose to not, do to rights and commitments, and republican club.
   
   Secularism isn’t a sentiment among others, but instead the chance to own an end or the assessment. It’s anything but a conviction, yet rather the rule approving all speculations, giving they regard the idea systems of opportunity of still, small voice and equivalent rights. Thus, it’s neither genius nor hostile to religious. On this premise, adherence to confidence or philosophical conviction is altogether a difficulty of opportunity of still, small voice for every man or lady.
    
3. The Importance of Secularism in India. The idea of Secularism assumes a vital job in India. Secularism in India may be a positive, progressive and thorough idea which takes inside its range all of the networks in India following some religions. it is not unfavorable within the earth, it isn’t hostile to God. Indian secularism perceives the importance of non secular conviction in human life. It trusts that no religion has the restraining infrastructure of philosophical knowledge it enables all religious to release their capacity inside their genuine words. On the off chance that nationals have to venerate their God, Indian secularism perceives the requirement and directly for such supplication and love.

It doesn’t recommend the act of a selected religion. Complete opportunity of religion is anchored in our Indian Constitution. The Indian Constitution guarantees equality of all religions before the law. In that respect, our constitution is strictly founded on a secular concept. Our constitution guarantees fundamental rights of non secular freedom. The concept of secularism has a firm root in India. The full world recognizes this fact.

Conclusion:
From the above question, it’d be avowed that everyone has the prospect to advance any religion, to urge any religion or build up any religious building. No particular religion will be thought at school course books as Religious Freedom is our key right because it might be seen that the word ‘Standard’ was incorporated the prelude of the Indian constitution by 42nd Amendment in 1976.

At the amount of Independence various pioneers were within the help of procuring Secularism the country, anyway because of shared viciousness, it lands up vast. The regular character of the Indian prominent government is reflected to be under peril thanks to the annihilating of the Babri Mosque in Ayodhya (Uttar Pradesh) provoked hordes and killings by Muslims and by Hindus. The butchers of legit Hindus in Godhra (Gujarat, etc. At the purpose when stood out from various countries like USA, Russia, France, etc. Secularism isn’t wanted truly by India.

It is often said that we live in a male dominant or a patriarchal society. However, when it comes to law in India, do we really have laws favouring the men at all?
When we talk about Gender Equality, it does not simply means equality for women, it means gender equality for all which includes men also. We often hear cases about violence against women, be it sexual harassment, domestic violence, dowry cases, etc. however, crimes against men are not that often reported or even discussed in India.

We have all kinds of laws for crimes against women i.e. for rape, sexual harassment at workplace, domestic violence, dowry cases, etc. and we often raise our voice against these crimes against women. On the other hand, we fail to realise and acknowledge that even men can be victims of sexual abuse, domestic violence, etc. and if we really preach about equality, then does that equality even exist? This can be explained through an example that Delhi Metro has an entire coach reserved for ladies.

Yet, if a man sits on the seat reserved for ladies in the general coach, then he is made to get up from that seat completely ignoring the fact that the man might genuinely need to sit. We raise our voice whenever injustice is done with the women but why don’t we do the same when a man is the victim?

Sections 354A to 354D and 375 of Indian Penal Code, 1860 clearly states that only a woman can be the victim of the offences as stated in the abovementioned sections and a man would be the perpetrator.

The Protection of Domestic Violence Act, 2005 itself states that it is an act favouring women who have been allegedly subjected to the domestic violence. There is absolutely no provision as to what remedy is available to a man if he is subjected to domestic violence.

Often due to these women favouring laws, men have to face false accusations and trials as some women use these laws as a tool to harass the men.

It is high time that we should really start focussing on equality in the words gender equality. We, as a society, need to understand and raise our voices against the crimes against men. Even though we know that there are no cases where men are subjected to sexual abuse or domestic violence, because these cases are not reported. We, the Indians, have to change our perception that men are too strong or men are not emotional. A man is often brushed aside if he shares with anyone that he is being sexually harassed by person of same gender or an opposite gender or he is considered weak if he raises his concerns regarding any such unfortunate incident. Due to these, the crimes against men are often go unreported. This very mind set of our society needs to be changed.

Even though, now our courts are recognising the crimes against men and even there is a Criminal Law Amendment Bill, 2019 which is pending to make the crime of rape as gender neutral, after the decriminalisation of Section 377 of Indian Penal Code, 1860. The Indian Courts are also punishing women who are misusing the law just to harass men.

However we have long way to go. The stereotypical attitude towards men and masculinity needs to be changed. Men need to open up about their problems that they face and as a society we need to acknowledge and accept the problems faced by men in a society and help and support them. Everyone should be treated equally in the eyes of law and there should be no gender biasness in the name of gender equality.

International Relations (IR) is an important discipline and constitutes a significant area of modern social science. It is primarily considered as the study of the relations among nation-states. But this view is oversimplified, because contemporary international relations cover a very broad subject-matter. Yet, for a basic understanding this view is helpful.

International relation is a major discipline in social science, which illustrates international politics on a worldwide scale. International relations study the history, culture, government, economy, and social aspects of nations around the globe. Studying of international relations became so vital for every nation to understand other countries’ national interests in terms of politics and economy. In the twenty first century, there having been conflicts around the world with so many great powers are involved. Scholars in the field of international relations face challenges, while they analyze or conduct researches about other nations’ politics because every day international politics are changing so rapidly(Hall,2015).
A key factor in the school of international relations is power. Powers is very substantial in international relations because this has changed throughout human kind and many great power countries had some time of greatness in history. However, international relations can also define power in many aspects. For example, one way of power in international relations is explained one actor employing influence over another, which this brought so many conflicts in today’s international politics. “Now we know that the power of a society to influence others depends largely upon the capacity of the individual members of that society to discipline themselves” (Gross, 1958 p.133International relations (IR) or international affairs is a discipline of politics interdisciplinary field, which students and scholars study primarily focused in social science. International relations field is separate from political science because the field is taught globally. Today, the world has become more connected than ever before in human history. However, international conflicts made more complex among the great powers influence over poor and weak nations. Influence and interests span the globe. The International relations subject became a key element to study and understand every nation’s political and economic interests, while doing any kind of relationship interdisciplinary.

HISTORY AND EVOLUTION OF INTERNATIONAL RELATIONS

As an academic discipline, international relations is not very old. Its systematic study started after the First World War, and universities in West Europe and the United States (US) introduced separate courses on it from the 1920s. But as relations among states or pre-state political systems, the subject is very old. As the relation among nation-states, IR is believed to have developed with the Peace Treaty of Westphalia of 1648, which is considered as the creator of modern nationstates in Europe. But before the birth of modern nation-states, pre-state political systems had developed in different parts of the world. Relations among these pre-state political systems could be viewed, rather incoherently, as the beginning of international relations.

Today IR is also concerned with new and emerging issues like environment, globalization, terrorism, and energy. The discipline also analyses the significance of non-state actors like international organizations, multinational corporations, and non-governmental organizations. The importance of these non-state actors, along with nation-states and issues like environment, globalization, energy, and terrorism, gradually came to acquire a significant place in the study of international relations after the First World War. Thus International Relations appeared as a structured and comprehensive academic discipline after the First World War; and as a separate branch of study, the subject was offered in European and American universities from the 1920s.

The study of IR as a discipline evolved further and matured significantly after the Second World War. With the process of decolonization almost complete, and the appearance of new states in Asia, Africa and Latin America, contemporary international politics assumed a new dimension after the war, a period when IR as a discipline progressed significantly. With the end of the Balance of Power system that had existed for three centuries, the post-Second World War international order was different; it saw the emergence of two non-European nuclear (weapon) superpowers, the US and the Soviet Union, instead of the earlier five to six major nonnuclear (weapon) European powers. From the end of the Second World War (1945) to the end of the Cold War (1991), several issues gained prominence in international relations. These are: strengthened existence of non-state actors as significant players in international relations; energy; environment; terrorism; globalization; and communication revolution. These issues helped to shape a new global order vastly different from those of the past. This new order in effect made the study of international relations more dynamic, complex, and broader in scope.

As a discipline, international relations is also addressing these issues with more sincerity and articulation after the Cold War.

Nature of International Relations

 The controversy that haunted modern international relations for a long time since its emergence in the 1920s, revolved around its status as an independent academic discipline. Some scholars were unwilling to recognize it as a separate, autonomous academic discipline, and thought it to be largely dependent on subjects such as political science and history. The controversy that existed for more than four decades, till the 1960s, seems to have died down now with IR getting the recognition of an independent academic discipline. An autonomous academic discipline requires, mainly, a systematic body of theory, appropriate methodology, and a distinct subject matter. International Relations today is capable of meeting these criteria to exist and flourish as an autonomous discipline.

Interactions between IR and other social science disciplines have increased over the years, but the former’s ‘dependence’ on the latter has been considerably minimized, thus helping it to emerge as an autonomous discipline with a distinct set of theories, methodology, and subject matter.

Definition of International Relations

Like many other social science disciplines, it is not easy to define International Relations in a few words. Although states and their interactions constitute the primary focus of IR, the discipline is concerned with many more issues like non-state actors, international political economy, international security, international environment, globalization, terrorism, area studies, and military studies. Relations among states, in a broader sense, cover many such issues, yet leave out many more to be analysed separately. For instance, in a broader sense, international political economy, international security, globalization or environment, to cite a few, are somewhat linked to interactions among states; yet these issues may go beyond the sphere of relations among states. Non-state actors may also influence these issues profoundly. Therefore, IR being viewed as interactions among states is oversimplification, though helpful for a primary understanding. A broader and more comprehensive definition of the subject would be this: International Relations as a branch of social science is concerned with relations among nations, and other issues like non-state actors, international political economy, international security, foreign policies of major powers, globalization, international terrorism, international environment, and area studies. This definition indicates that the scope and subject matter of IR has become vast today, unlike earlier times when IR was mainly concerned with nation-states and their interactions.

Scope of International Relations

Like many other social science disciplines, IR has no definite boundary, and contemporary IR covers a very broad area of study. Creation of artificial and mandatory boundaries for the sake of making a discipline autonomous is not a necessity in any modern social science discipline, because inter-disciplinary exchanges can make all the disciplines enriched. IR also lacks specificity, and contemporary IR, particularly after the Second World War, has broadened its scope beyond limitations.

Today, the study of international relations broadly covers the following areas.

1. Nation-states and their relations: The operation of the nation-state system and relations among nation-states have always made international politics possible, and constituted the basic subject-matter of IR. These would continue to remain the primary area of study in the discipline.
2. Non-state actors: The importance of non-state actors in the study of IR has been increasing over the years. Non-state actors like the multinational corporations (MNC), international non-governmental organizations (INGO), and the inter-governmental organizations (IGO) exert considerable influence in today’s international relations. So, these non-state actors are important ingredients of the study of contemporary IR.
3. International political economy (IPE): International political economy is the study of international relations with the help of economic activities and analyses. With the onset of globalization from the mid-1980s, a renewed interest in IPE has developed among scholars. Along with political and security angles, the study of international relations is frequently analysed today with the help of economic views.
4. International security: Security has always remained the primary concern of nationstates. The concern for security had led to war and peace in the past, and would continue to promote these in the future. A peaceful international order is always linked to the notion of international security that includes, among others factors, non-proliferation of weapons of mass destruction, and reduction of tension among states. Studies on war and peace and strategic studies in IR are also related to international security.
5. Foreign policies of important powers: Foreign policies of major and medium powers constitute important subject-matter of IR because these powers are the driving force in international relations. When the balance of power system was prevalent, the study of foreign policies of major European powers was considered important. In contemporary IR, analyses of foreign policies of the US, China, Russia, Japan and India may be useful as these states have become major actors in recent times.
6. Globalization: This primarily refers to economic activities which have serious impact on political and social spheres. With the ascendance of liberal economy over mercantilist economy since the early 1980s, the term globalization has assumed increasing popularity and usage, and become significant in the study of IR. Although globalization and IPE are closely related, these are not identical, as subsequent chapters in this book would reveal.
7. International environment: Environmental issues have now assumed greater significance in the study of IR than ever before because industrialization and technological progress have enhanced concerns for environmental safety all over the world. Environmental issues have made states across the world highly interdependent today because carbon emissions from industrial plants in one part of the world may affect other parts; or shortage of river water in a state may lead it to war with its neighbouring states. A stable and peaceful international order is dependent on environmental issues in today’s world.
8. International terrorism: Terrorist activities involving citizens of more than one country and having transnational impacts constitute international terrorism, an important area of study in IR. It is also referred to as ‘cross border’ terrorism. International peace and security are closely related to this issue.
9. Area studies: Sometimes it becomes rather difficult to study international political, security, or economic issues from a broader perspective. So area studies have become popular nowadays. Under it, such issues concerning different areas of the world are taken up separately for analysis. For instance, West Asia, South Asia or Central Europe may be taken up for exclusive analysis under area studies, which has gained prominence in contemporary IR with increasing proliferation of regional organizations and free trade areas (FTA).

The expanding scope of international relations lead to the view, and also to the controversy, that the discipline is becoming increasingly unmanageable, and that it lacks a clear conceptual framework. But this view is born out of pessimism about the discipline, and is not acceptable. Today, the subject has a definite and useful theoretical framework to support research in different areas. The broad scope may actually be helpful for it, because the varied subject matter may lead to more research and analyses, as well as greater specialization within the discipline. The broad scope of political science, physics or history, for that matter, has enriched these disciplines and helped them to grow further. There is little rationale therefore to worry about the expanding scope of IR; it will help the discipline to mature into a well-defined and enriched branch of modern social science.

The commercial sex worker has been a universal being throughout civilization as prostitution is the so-called “oldest profession”. The earliest known record of prostitution appears in ancient Mesopotamia. [2] It is interesting to note that licensed brothels were established in Solon, Greece in around 550 B.C. The Indian Vedas, Vishnu Samhita and the Puranas abound in references to prostitution as an organized, established and necessary institution. Vatsyayana’s Kamasutra describes in detail various types of prostitutes, rules of conduct and the roles played by the procurer, pimp and brothel-keeper. Similarly, Kautilya in his Arthashastra declares the income of pimps, taxable. In the post-vedic era the custom of Devadasi (servants of God) system came into practice. Today, the word ‘devadasi’ is a euphemism for referring to a woman prostituting in the name of religious tradition.

After all this history today we get to see the sight of girls with their faces covered with dupattas and which is not uncommon to television viewers. These young women have a very ordinary dream of a peaceful life with two meals a day, sell their bodies and routinely have to face the law in its annoying, unsparing form. Existing laws allow clients caught with sex workers to be let off easily while the women are held guilty of promoting, furthering and committing moral blasphemy.
The law to tackle prostitution i.e., the Immoral Traffic Prevention Act ( ITPA), 1956 is often misused. Today sex worker’s unions have been formed. However, little has been and is being done to regulate or prohibit flesh trade, estimated to be a Rs. 2000 crore industry annually.

Presently there is this confusion building up as one side reiterates that prostitution should be criminalized on three strands of thought- Morality, Legal Paternalism and Harm to Other. Devlin in his book takes the view that not all-immoral acts calls for criminal sanctions but only those that evoke from people, feelings of intolerance, indignation and disgust. [3] The other side believes in what these unions have been demanding for that to relax laws on loitering and propositioning on streets as well as general soliciting. The Immoral Trafficking (Prevention) Amendment Bill 2005 moved by the Women and Child Department actually included this. The police often use the existing provisions of Section 8 of the ITPA [4], which prohibit seducing or soliciting for purpose of prostitution in public place, to harass streetwalkers. The Bill when passed may amount to legalising prostitution but at least sex workers will not be harassed while soliciting with prospective customers. The question that arises over here is that will the Bill decriminalise the act itself

Hardly, it is so as the Bill on one hand proposes to ease things out for the sex workers; it also aims towards handing out more stringent and harsher punishment to the clients or customers. For the perpetuation of the oldest profession, it is probably right in putting the onus on clients. The earlier repealed law, Suppression of Immoral Traffic (in women and girls) Act ( SITA) of 1956 allowed prosecution of persons other than women only if they “knowingly” or “willingly” forced women into prostitution. Clients and brothel owners escaped punishment by showing ignorance. We should not go much into the SITA, as it stands repealed with the coming into force of the ITPA. What is more important in the present scenario is the wind of change in which the Bill proposes. Some of the main recommendations that are present in The Immoral Trafficking (Prevention) Amendment Bill 2005 are:-
# Permits soliciting by sex workers.
# Punishment to human traffickers enhanced to 10 years’ imprisonment and Rs.1 lakh fine.
# Provides for confiscation of property worth over Rs. 3 lakh, owned by traffickers and agents..

It is something accepted by all that under the present law, only the women are targeted while the clients go scot free. Many attempts to make some remedies were made but only by the ITPA of 1986 when a maximum punishment of three months for soliciting was introduced for clients. Again, there was another restriction in it that the client could not be punished in the act itself if the girl was an adult. Even though the lawmakers have broadened the circle of persons liable for prosecution the law is still focused on punishing women severely.

Under the Immoral Trafficking(Prevention) Act, 2006

the definition of “trafficking in persons” has been proposed to include “recruitment, transportation, transfer, harbouring or receipt by persons” as punishable. The earlier prevalent Section in both SITA and ITPA provided punishment for brothel keeping, pimping, detaining anyone in a brothel, use of premises and procurement, but with the inclusion of the above words, the Act can be used to criminalize receipt and transfer by a client. Clients, after such passing of the Bill, can be fined and jailed for up to three years.

A logic doing its rounds is that, criminalizing the customer and decriminalising the sex worker will be a terrible blow to the sex workers. Police raids will increase and customers will be garrulously harassed. This means fewer clients and a tougher life for sex workers. There even is the possibility that the sex trade will then move underground, which may prove detrimental to the AIDS-control programme in India. We should keep in mind the warning of UN that is clear from the statement:-

According to epidemiologist Tim Brown of the MAP (Monitoring the AIDS Pandemic) Network, over 60 per cent of all contacts of sex workers in a country must use condoms in order to actually roll back the epidemic.

“HIV infections in the so-called general population will not balloon into huge epidemics. This means our prevention efforts must stay focused on populations where infections are actually occurring,” he said. [7]

If the clients are afraid of visiting sex workers, business will suffer. A sex worker will then be under pressure to keep customers and may comply without a condom. This would mean rapid spread of AIDS.

The National Network of Sex Workers, which claims to have over 2, 00,000 members, says it is deeply dejected with the minor changes and that the ITPA should be abolished and the sex trade legitimized. The National Network of Sex Workers have also asked for self-regulatory bodies and boards set up by sex workers’ unions to look after the health, hygiene and education in their areas for themselves and more importantly for their children’s interest. The Network also requests the Government to look into the violence that is involved in trafficking and prostitution. [8]

It is interesting to note that the changes have come at a time when there is this public debate initiated by the Planning Commission that prostitution be legitimized to control the spread of AIDS. It should always be kept in mind that there are more than 11.2 million HIV-positive cases in India. The spread of AIDS can be checked only through the better education of both sex workers and clients. It is just not responsibility of the State but also the responsibility of us to see to it that we have a brighter future.

Product liability refers to a manufacturer or seller being held liable for placing a defective product into the hands of a consumer. Responsibility for a product defect that causes injury lies with all sellers of the product who are in the distribution chain. In general terms, the law requires that a product meet the ordinary expectations of the consumer. When a product has an unexpected defect or danger, the product cannot be said to meet the ordinary expectations of the consumer. There is no federal product liability law. Typically, product liability claims are based on state laws and brought under the theories of negligence, strict liability, or breach of warranty. In addition, a set of commercial statutes in each state, modeled on the Uniform Commercial Code, will contain warranty rules affecting product liability. Defective or dangerous products are the cause of thousands of injuries every year in the U.S. “Product liability law” is the set of legal rules concerning who is responsible for defective or dangerous products but they are different from ordinary injury law. This set of rules sometimes makes it easier for an injured person to recover damage.

Product Defects: Responsible Parties

For product liability to arise, at some point the product must have been sold in the marketplace. Historically, a contractual relationship, known as “privity of contract,” had to exist between the person injured by a product and the supplier of the product in order for the injured person to recover. In most states today, however, that requirement no longer exists, and the injured person does not have to be the purchaser of the product in order to recover. Any person who foreseably could have been injured 

by a defective product can recover for his or her injuries, as long as the product was sold to someone.

 Liability for a product defect could rest with any party in the product’s chain of distribution, such as:

● The product manufacturer;

● A manufacturer of component parts;

● A party that assembles or installs the product;

● The wholesaler; and

● The retail store that sold the product to the consumer.

● For strict liability to apply, the sale of a product must be 

made in the regular course of the supplier’s business. 

Thus, someone who sells a product at a garage sale 

would probably not be liable in a product liability action

Types of Product Defects

Under any theory of liability, a plaintiff in a product liability case must prove that  the product that caused injury was defective and that the defect made the product unreasonably dangerous. There are three types of defects that might cause injury and give rise to manufacturer or supplier liability:

Design Defects – Present in a product from the beginning, even before it is manufactured, in that something in the design of the product is inherently unsafe.

Manufacturing Defects – Those that occur in the course of a product’s manufacture or assembly.

Marketing Defects – Flaws in the way a product is marketed, such as improper labeling, insufficient instructions, or inadequate safety warnings.

Unavoidably Unsafe Products

By their nature, some products simply cannot be made safer without losing their usefulness. For example, an electric knife that is too dull to injure anyone would also be useless for its intended purpose. It is generally believed that, as to such products, users and consumers are the best equipped to minimize risk. Thus, while a product might not be deemed unreasonably dangerous, manufacturers and suppliers of unavoidably unsafe products must give proper warnings of the dangers and risks of their products so that consumers can make informed decisions regarding them.

Common Defenses to Product Liability

Claims

A defense often raised in product liability cases is that the 

plaintiff has not sufficiently identified the supplier of the product that allegedly caused the injury. A plaintiff must be able to connect the product with the party(ies) responsible for manufacturing or supplying it. There is an exception to this rule, known as the “market share liability” exception, which applies in cases involving defective medications. Where a plaintiff cannot identify which of the pharmaceutical companies that supply a particular drug supplied the drug he/she took, each manufacturer will be held liable according to its percentage of sales in the area where the injury occurred.

Need Help With a Product Liability Claim?

Product liability actions are quite complex, and establishing legal fault often requires the assistance and testimony of experts. Additionally, every state has its own laws and specific statutes that will affect product liability action.

If you or a loved one has suffered an injury caused by a potentially defective product, an experienced product liability attorney will be able to answer your questions and protect your interests. Learn more about state-specific laws on our products liability legal answers page.

Product Liability Law In India

 India does not have a general product liability statute, but there are several general laws that protect consumers from defective products. The CPA has provisions for a complaint to be filed in relation to goods that are hazardous to life and safety (in contravention of any standards imposed by law) or otherwise defective. The Act also defines ‘defect’ to mean ‘any fault, imperfection or shortcoming in the quality, quantity, potency, purity or standard that is required to be maintained by or under any law for the time being in force or under any contract, express or implied, or as is claimed by the trader in any manner whatsoever in relation to any goods’. There are other specific statutes that contain provisions relating to product safety, standards and regulations such as:

1.         The Food Safety and Standards Act. 2006;

2.         The Drugs and Cosmetics Act 1940;

   3.    The Drugs and Magic Remedies (Objectionable  Advertisements) Act 1954 and the Drugs and Magic Remedies (Objectionable Advertisements) Rules 1955;

   4.    The Legal Metrology Act 2009 and the 

   5.    Legal Metrology (Package Commodities) Rules    2011;

   6.    The Indian Contract Act 1872

   7.    The Essential Commodities Act 1955;

   8.    The Agricultural Produce (Grading and Marketing) Act 1937;

   9.    The Bureau of Indian Standards Act 1986;

  10.   The Insecticides Act 1968;the Standards of Weights and Measures Act, 1976;

  11.   The Energy Conservation Act 2001;

  12.   The Insurance Regulatory and       Development Authority of India Act 1999;the Railway Claims Tribunal Act 1987; and the Electricity Act 2003.

A general duty is also imposed under the Sale of Goods Act whereby the sale is subject to implied conditions as to quality or fitness, merchantable quality and conformity with the sellers’ description. In some cases of goods being sold without warranty or other standard conditions in favour of the purchaser, the courts may occasionally resort to custom or trade practice to determine the normal antecedents of a sale in the relevant product. The Competition Act 2002 came into force after some amendments in May 2009. The Act amended the CPA to insert references to the unfair trade practices (deriving from the thereby repealed Monopolies & Restrictive Trade Practices Act 1969), which are defined in section 2(r) of the CPA, covering any form of false or misleading representation, statement or advertisement, these are actionable through the usual consumer complaint process. The proposed Consumer Protection Bill 2018 contains Chapter VI creating a new statutory product liability that derives from

• Personal injury, death, or property damage caused to the consumer resulting from defects in the manufacture, construction, design, formula, preparation, assembly, testing, service, warning, instruction, marketing, packaging, or labelling of any product, making the manufacturer or producer liable; and • Manufacturing defects, deviations from manufacturing norms, lack of proper instructions and warnings and failure to conform to an express warranty. The proposed Consumer Protection Bill 2018 also appears to be directed at changing the law in favour of consumers by increasing the list of causes-of-action set out under what constitutes a complaint. It has introduced ‘a claim for product liability action against the product manufacturers, product seller or product service provider’ and also widens the concept of purchase to include online transactions.

Product Liability under the Consumer Protection Act, 2019

 Sections 82 to 87, appearing in Chapter VI of CPA 2019, provide an all-encompassing scheme which would apply to every claim for compensation under a product liability action. CPA 2019, expressly or by necessary implication, does not indicate that these new provisions of product liability will also apply to product liability actions already pending before various consumer fora. However, since these provisions create new rights and liabilities, there is a presumption in law that they are prospective in operation CPA 2019 defines product liability as “the responsibility of a product manufacturer or product seller, of any product or service, to compensate for any harm caused to a consumer by such defective product manufactured or sold or by deficiency in services relating thereto”. A product liability action can be filed against a ‘product manufacturer’ or a ‘product service provider’ or a ‘product seller’, as the case may be. CPA 2019 defines each of these expressions in very wide terms to bring within their fold every possible aspect of a product liability claim. CPA 2019 also delineates the situations in which they will be held liable.

Liability of a product seller

(i)   he has exercised substantial control over the designing, testing, manufacturing, packaging or labelling of a product that caused harm;

(ii)   he has altered or modified the product and such alteration or modification was the substantial factor in causing the harm;

(iii)  he has made an express warranty of a product independent of any express warranty made by a manufacturer and the product failed to conform to such warranty

(iv)  the product has been sold by him and the identity of product manufacturer of such product is not known, or if known, the service of notice or process or warrant cannot be effected on him or he is not subject to the law which is in force in India or the order, if any, passed or to be passed cannot be enforced against him;

(v)  he failed to exercise reasonable care in assembling, inspecting or maintaining such product.

Liability of a product manufacturer

(i)  the product contains a manufacturing defect;

(ii) the product is defective in design;

(iii) there is a deviation from manufacturing specifications;

(iv) the product does not conform to the express warranty;

(v) the product fails to contain adequate instructions of correct usage to prevent harm or any warning regarding improper or incorrect usage.

Exceptions to a product liability action

(i) The product was misused, altered or modified at the time of harm. Curiously, as per this exception, there cannot be a product liability action against a product seller. This is somewhat intriguing, since this exception should equally apply to a product manufacturer or a product service provider.

(ii)  In any product liability action based on the failure to provide adequate warnings or instructions, the product manufacturer will not be liable, if-

 •The product was purchased by an employer for use at the workplace and the product manufacturer had provided warnings or instructions to the employer; or

•The product was sold as a component or material to be used in another product and necessary warnings or instructions were given by the product manufacturer to the purchaser of such component or material, but the harm was caused to the complainant by use of the end product in which such component or material was used;

 •The product ought to have been used only by or under the supervision of an expert; or

•The complainant, while using the product, was under the influence of alcohol etc.

(iii)  A product manufacturer will not be liable for failure to instruct or warn about a danger which is obvious or commonly known to the user of such product.

Even prior to CPA 2019, in most product liability actions, one or more of the above defenses were taken. These defenses now have statutory recognition. CPA 2019 does not say that the defences set out are the only defenses to any product liability action. It, however, remains to be seen how the courts will interpret these provisions. Interestingly, consumer courts in India, being generally inclined to favour the evidence of a consumer, treat technical defences adopted by manufacturers with some disdain and rarely allow reliance upon long-winded warranty clauses especially if they are incorporated by reference into a manufacturer’s standard warranty (see General Motors v Major Gen B S Suhag 2008 decision of the NCDRC). The NCDRC has also laid down, in this regard, that section 2(1)(e)(v) of the CPA clearly implies that if standard prescribed under some law are not maintained, the product shall be construed to be hazardous (see Asia Tea Company and Ors v On behalf of Commissioner, Civil Supplies and Consumer Protection Department, Consumer Association of India (I (2017)CPJ461(NC).

Occasionally the consumer courts treat a complainant’s case with suspicion when it is apparent that the product has already been well used and without complaint (see Royal Enfield case cited in question 11 and General Motors India Pvt Ltd v GS Fertilizers (2013 decision of the NCDRC)).

Expiry of the warranty period may not prevent a court from awarding damages when the cause of action is stated to have occurred during the warranty (see Ashok Leyland Ltd v Gopal Sharma & Ors (II (2014) CPJ 394 (NC)) and, in some cases, the consumer forum may even extend the warranty for the period of distress (see Balaji Motors v Devendra and Another II (2013) CPJ 534 (NC). In Maruti Udyog Ltd v Susheel Kumar Gabgotra and Ors (AIR 2006 SC 1586 ), the complainant filed a complaint alleging that the new car he bought from the respondent was faulty and therefore the respondent was liable to replace it. The state commission and a division bench of the Jammu & Kashmir High Court directed the respondent to replace the car with a new one. In the appeal before the Supreme Court, the appellant contended that both the Commission and the High Court erred in holding that there was an admission to replace the car or admission of any manufacturing defect. The warranty condition clearly refers to the replacement of the defective part and not of the car. The Supreme Court, while reversing the decision of the High Court, held that the warranty conditions are expressly stated, it was not a case of silence of a contract of sale as to warranty and therefore the High Court was not justified in directing replacement of the vehicle.

Causation requires a direct link between the product defect and the injury caused. A possible novus actus interveniens (outside act or intervention of a third party) can be asserted as a defence to demonstrate that the causal link between the loss caused and the defendant’s area of responsibility is broken (in K Madhusudan Rao v Air France, Revision Petition No. 3792 of 2008 decided by the NCDRC on 1 April 2010, a case was successfully defended relying on this principle since a theft of a passenger’s valuables in a hotel lobby could not be pinned upon the airline that had arranged for the hotel on account of a cancelled flight). Similarly, a product defect must be treated as a sine qua non or causa causans for the injury and not a contributing factor.

The law in this regard evolves from a few unfortunate cases such as one involving a defective unserviced escalator, which caused the death of a minor (Geeta Jethani and Others v Airports Authority of India [III, 2004 CPJ 106 NC]). In re Karuna Ketan Biswas v Airports Authority of India and Ors II (2013)CPJ37(WB) (decided on 30 May 2013 by the SCDRC West Bengal), the Airports Authority of India was held not liable for deficiency in their services but was directed to compensate the complainant by way of an ex gratia payment of 50,000 rupees. Although the manufacturer (Otis) was made a party to the litigation, it was not held liable, owing to the lapsed warranty and maintenance contract, so that the owner-operator of the escalator was held to be negligent.

The doctrine of res ipsa loquitur may be invoked to transfer the burden of proof onto the manufacturer (see Ashok Leyland Ltd v Gopal Sharma & Ors [II (2014) CPJ 394 (NC)]. In such cases, it could be argued that maintenance should only be required to ensure that the machinery functions at its optimum capacity, but the manufacturing process should be such that there are built-in safety mechanisms (such as an auto-cut mechanism in case of an escalator or emergency brakes in a lift) to prevent the machine from becoming hazardous, and in the absence of such safety mechanisms, there could be an automatic presumption of defect in the manufacturing process following an accident that caused death or injury (see Geeta Jethani v AAI).

Once it is assumed that the product is defective, then the manufacturer must establish that the defect (or other failure owing to bad maintenance) could not have arisen from the manufacturing process. In a manufacturing defect case, the plaintiff still bears the burden of proving that the product in question was faulty or defective. Often the manufacturer’s design or marketing standards can be used to show that the product was defective, but proving how or why the flaw or defect occurred can be difficult for the complainant. Ordinarily, the burden of proof to demonstrate that a product caused a specific injury would be on the claimant, but there have been several instances of defects leading to an unreasonable number of visits to the workshop (see TELCO in question 11) or where engine replacement was necessary during the warranty period (see Honda Siel Cars in question 12). The burden of proof to show any defect in goods is on always on the person who alleges the deficiency, and the cost of getting the product tested must ordinarily be borne by the party alleging the defect (see Jai Prakash Verma v JK Lakshmi Cement Ltd II (2013) CPJ 54 (NC)).

Conclusion

When compared to the earlier Act of 1986, CPA 2019 is far more comprehensive and in tune with the consumer protection regimes elsewhere around the world. The introduction of a product liability regime is a welcome change and will streamline product liability actions. There is a clear shift in principle of buyer beware to seller beware. Even though some aspects are unclear, the new regime is set to change the legal landscape of India pertaining to product liability. The ease of approaching consumer forums and the strict regime will only push consumers to experiment with these provisions to a new high. Product manufacturers, sellers and service providers will need to ensure that they have done their due diligence properly to be compliant with the various requirements under different legislations. A checklist of such compliances backed with proper legal and technical advice would go a long way in protecting their interest and the interest of the consumers.

Brief History of the Supreme Court of India

The promulgation of Regulating Act of 1773 established the Supreme Court of Judicature at Calcutta as a Court of Record, with full power & authority. It was established to hear and determine all complaints for any crimes and also to entertain, hear and determine any suits or actions in Bengal, Bihar and Orissa. The Supreme Courts at Madras and Bombay were established by King George – III in 1800 and 1823 respectively. The India High Courts Act 1861 created High Courts for various provinces and abolished Supreme Courts at Calcutta, Madras and Bombay and also the Sadar Adalats in Presidency towns. These High Courts had the distinction of being the highest Courts for all cases till the creation of Federal Court of India under the Government of India Act 1935.The Federal Court had jurisdiction to solve disputes between provinces and federal states and hear appeal against Judgements from High Courts .After India attained independence in 1947, the Constitution of India came into being on 26 January 1950. The Supreme Court of India also came into existence and its first sitting was held on 28 January 1950.The law declared by the Supreme Court is binding on all Courts within the territory of India.It has the power of judicial review – to strike down the legislative and executive action contrary to the provisions and the scheme of the constitution, the distribution of power between Union and States or inimical to the fundamental rights guaranteed by the Constitution.

The entire judicature has been divided into three tiers. At the top, there is a Supreme Court below it is High Court and the lowest rank is occupied by Session’s Court.

The Supreme Court is the highest court of law. The Constitution says that the law declared by the Supreme Court shall be binding on all small courts within the territory of India. Supreme Court was designed to make it the final authority in the interpretation of the Constitution.

While framing the judicial provisions, the Constituent Assembly gave a great deal of attention to such issues as the independence of the courts the powers of the Supreme Court and the issue of judicial review.

Composition:

Parliament has the power to make laws regulating the constitution, organisation of the jurisdiction and powers of the Supreme Court. The number of judges can be increased as well as decreased by Parliament. Originally there was a provision in the Constitution that there will be Chief Justice and seven other judges. This number (7) was raised to 10 in 1956, 13 in 1960, 17 in 1977 and 25 in 1985 (Article 124).

Appointment of Judges:

The President is the appointing authority in the case of judges of the Supreme Court. Article 124(a). While making appointment of the Chief Justice of India, he may consult such of the judges of the Supreme Court and of the High Court’s as he might consider necessary.

While making appointment of other judges of the Supreme Court, the Chief Justice shall always be consulted (Article 124(i)). In addition to regular judges, if the President feels that the work load is heavy, he can appoint ad hoc judges as well. He is also empowered to invite retired judges to attend the meeting of the court.

Acting Chief Justice

The President can appoint a judge of the Supreme Court as an acting Chief Justice of India when:
-the office of Chief Justice of India is vacant; or

-the Chief Justice of India is temporarily absent; or

-the Chief Justice of India is unable to perform the duties of his office

Qualification of Judges:

To eliminate politics in the appointment of judges, high minimum qualifications have been prescribed.

A person shall not be qualified for appointment as a Judge of the Supreme Court unless he is (a) a citizen of India and (b) either a distinguished jurist; or has been a High Court Judge for at least 5 years or has been an Advocate of a high Court (or two or more such Courts in succession) for at least 10 years ‘Art. 124 (3).

Tenure of Judges:

No minimum age is prescribed for appointment as a Judge of the Supreme Court, nor any fixed period of office. Once appointed, a Judge of the Supreme Court may cease to be so on the happen­ing of any one of the following contingencies; (other than death) (a) on attaining the age of 65 years; (b) on resigning his office by writing addressed to the President; (c) on being removed by the Presi­dent upon an address to that effect being passed by a special majority of each House of Parliament viz. a majority of the total membership of that House and by majority of not less than two-thirds of the members of that House present and voting. The only grounds upon which such removal may take place are (1) ‘proved misbehaviour’ and (2) ‘incapacity’.The age of the Judge of the Supreme Court shall be determined by such authority and in such a manner as Parliament may by law provide. This provision was inserted by Fifteenth Amendment Act 963.

Salaries and Emoluments:

A judge of the Supreme Court gets a salary of Rs. 30,000 per month and the use of an official residence free of rent. The salary of the Chief Justice is Rs. 33,000 per month. (According to the 1998 revision).

Independence of Judges:

Independence of Supreme Court Judge Ensured:

The independence of the Judges of the Su­preme Court is sought to be secured by the Constitution in a number of ways:

(i) Though the appointing authority is the President, acting with the advice of his Council of Minis­ters, the appointment of a Supreme Court Judge has been removed from area of pure politics by requiring the President to consult the Chief Justice of India in the matter.

(ii) By laying down that a Judge of the Supreme Court shall not be removed by the President, except by a difficult process on ground of proved misbehaviour or incapacity of the Judge in question [Article 124 (4)].

(iii) By fixing the salaries of the Judges by the Constitution and providing that though the allowances, leave and pension may be determined by law made by Parliament, these shall not be varied to the disadvantage of a Judge during his term of office [Art. 125 (2)]. But it will be competent for the President to override this guarantee, under a proclamation of ‘Financial Emergency, [Art. 360 (4) (b)].

(iv) By providing that the administrative expenses of the Supreme Court, the salaries and allow­ances, etc., of the Judges as well as of the staff of the Supreme Court shall be ‘charged upon the revenues of India’ i.e., shall not be subject to vote in Parliament [Article 146 (3)].

(v) By forbidding the discussion of the conduct of a Judge of the Supreme Court (or of a High Court) in Parliament, except upon a motion for an address to the President for the removal of the Judge (Article 121).

(vi) By laying down that after retirement, a Judge of the Supreme Court shall not plead or act in any Court or before any authority within the territory of India [Article 124 (7)].

Ad hoc Judges:

Article 127 provides if at any time there is no quorum of the Judges available in the Court to hold and continue any session of the court the chief justice of India may, with the previous consent of the President and after the consultation of the Chief Justice of the High Court concerned, request a Judge of the High Court to act as ad hoc Judge in the Supreme Court for such period as may be necessary.

Removal of Judges

A judge of the Supreme Court can be removed from his office by an order of the President. The President can issue the removal order only after an address by Parliament has been presented to him in the same session for such removal.The address must be supported by a special majority of each House of Parliament (ie, a majority of the total membership of that House and a majority of not less than two-thirds of the members of that House present and voting). The grounds of removal are two—proved misbehaviour or incapacity.The Judges Enquiry Act (1968) regulates the procedure relating to the removal of a judge of the Supreme Court by the process of impeachment:
No judge of the Supreme Court has been impeached so far. Impeachment motions of Justice V Ramaswami (1991–1993) and the Justice Dipak Misra (2017-18) were defeated in the Parliament.

Jurisdiction:

The jurisdiction of the Supreme Court is of three kinds—Original, Appellate and Advisory—apart from the jurisdiction to issue the writs to enforce the fundamental rights.

(a) Original Jurisdiction:

Art. 131 deals with original jurisdiction. By original jurisdiction we mean the authority to hear and determine a case in the first instance. It has exclusive jurisdiction to hear a case which cannot be heard or determined by another court. The Supreme Court in its original jurisdiction will not be entitled to entertain any suit where both parties are not units of the federa­tion.

Thus a suit brought by a private individual against the State will not come under this jurisdic­tion. Again international treaties etc. are outside the original jurisdiction. In a federal polity the powers between the Union and the State Governments are delimited and demarcated and, ac­cordingly, it necessitates the presence of an independent judicial authority empowered to interpret the Constitution and secure the rights of the federation and the federating units.

The Constitution vests the Supreme Court with original and exclusive jurisdiction in any dispute; (a) between the Union Government and one or more States; or (b) between the Union Government and any State or States on one side and one or more States on the other; or (c) between two or more Stats, if the dispute involves any question of law or fact on which the existence or extent of a legal right depends.

The Constitution excludes from the original jurisdiction disputes relating to waters of inter-State rivers or river valley referred to a special statutory tribunal, matters referred to the Finance Com­mission, adjustment of certain expenses between the Union and the States.

Again, one class of disputes, though of a federal nature, is excluded from this original jurisdiction of the Supreme Court, namely, a dispute arising out of any treaty, agreement, covenant, engagement; ‘sanad’ or other similar instrument which, having been entered into or executed before the commencement of the Constitution continues in operation after such commencement or which provides that the said jurisdiction shall not extend to such a dispute. But these disputes may be referred by the President to the Supreme Court or its advisory opinion.

(b) Appellate Jurisdiction:

As a court of appeal, the Supreme Court is the final appellate tribunal of the land. There can be two types of cases—criminal, in which some criminal activities are involved and civil, in which there may be disputes regarding property, etc.

The appellate jurisdic­tion of the Supreme Court may be further divided under three heads:

(1) Article 132 of the Consti­tution provides for an appeal to the Supreme Court from any judgement or final order of a court in civil, criminal or other proceedings of a High Court, if it involves a substantial question of law as to the interpretation of the Constitution. The appeal again depends upon whether the High Court certifies and if does not, the Supreme Court may grant special leave to appeal cases involving interpretation of the Constitution;

(2) Article 133 of the Constitution provides that an appeal in civil cases lies to the Supreme Court from any judgement order or civil proceedings of a high court. This appeal may be made if the case involves a substantial question of law of general importance or if in the opinion of High Court the said question needs to be decided by the Supreme Court i.e. civil cases irrespective of any constitutional question;

(3) Article 134 provides the Supreme Court with appellate jurisdiction in criminal matters from any Judgement, final order or sentence of a High court, i.e. criminal cases, irrespective of any constitutional question.

Appeals can be made to the Supreme Court only by special leave of that court but if a particular case involves a substantive question of law as to the interpretation of the constitution, an appeal can also be made to the Supreme Court if the High Court concerned has certified that such a question is involved.

The Supreme Court can, however, take up the case even if the High Court has refused to grant such a certificate, if it is satisfied that a substantive question of law as to the interpreta­tion of the Constitution is involved in the case.

In all other cases, where constitutional questions are not involved, an appeal can be made to the Supreme Court only if the High Court has certified that (a) the case involves a substantive question of law, and (b) in the opinion of the High Court, the said question should be decided by the Supreme Court.

So far as the criminal cases are concerned, an appeal can be made to the Supreme Court against any judgment, final order or sentence in a criminal proceeding of a High Court as of right concerning specified classes of cases:

(a) In case the High Court has, on appeal against the decision of a lower court, reversed an order of acquittal of an accused person and sentenced him to death, or (b) in case the High Court has withdrawn for trial before itself any case from any court subordinate to its authority and has in such trial convicted an accused and sen­tenced him to death.

These two exceptions make it very clear that in cases relating to a sentence of death by the High Court, an appeal can always be made to the Supreme Court. In other criminal cases, where a sentence of death is not involved, an appeal can be made to the Supreme Court only on the basis of the High Court certifying that the case is a fit one for appeal to the Supreme Court.

Parliament has the right to make laws if it so desires, conferring on the Supreme Court further powers to her appeal on criminal matters. The Supreme Court, however, has been vested by the Constitution with powers to interfere in the decisions not only of the High Court but also of any other court or tribunal within the territory of India.

“Notwithstanding anything in this Chapter”, says Article 131(1), the Supreme Court may in its discretion grant special leave to appeal from any judgement, decree, determination, sentence or order in any case or matter passed or made by any court or a tribunal in the territory of India.” These are, indeed, wide powers.

The Supreme Court under these powers can entertain and hear appeals by granting special leave against any kind of judgement of order made by any court or tribunal in any proceeding and the exercise of this power is left entirely to the discretion of the Supreme Court.

No restrictions can be binding on the Supreme Court so far as these powers are concerned excepting that it has been deterred by the Constitution to interfere with decisions of a military tribunal and this power cannot be cur­tailed by any legislation unless Article 136 itself as amended by Parliament.

(c) Advisory Jurisdiction:

The President may under Article 143(1) make a reference to the Su­preme Court for its consideration and opinion for any question of law or fact which is of such a nature and of such public importance that it is expedient to obtain the Court’s opinion on it.

The President may refer such a question not only where it has actually arisen but also where it appears to the President that it is likely to arise. The President can, accordingly, refer to the Supreme Courts the question whether a proposed Bill will be intra Vires of the Constitution. Such references are heard by a Bench consisting of a least five Judges and the Court follows the procedure of a regular dispute that comes before it.

The opinion of the Court is pronounced in open Court. It may not be a unanimous opinion and the dissenting Judges can give their separate opinion. But the opinion of the Supreme Court is not binding on the President as it is not of the nature of a judicial pronouncement. It is also not obligatory on the Supreme Court to give its opinion; it may or may not.

Under Clause (2) of Article 143 the President may refer to the Supreme Court for its opinion on disputes arising out of any treaty, agreement, etc, which had been entered into or executed before the commencement of the Constitution. In the case of such references, it is obligatory for the Supreme Court to give its opinion to the President.

Technically, no court in India is bound by the advisory opinion of the Supreme Court but such opinions are always respected by the courts.

(d) Writ Jurisdiction:

The jurisdiction of the Supreme Court to entertain an application under Art. 32 for the issue of a constitutional writ for the enforcement of Fundamental Rights are sometimes treated as an ‘original’ jurisdiction of the Supreme Court. It is no doubt original in the sense that the party aggrieved has the right to directly move the Supreme Court by presenting a petition, instead of coming through a High Court by way of appeal.

Nevertheless, it should be treated as a separate jurisdiction since the dispute in such cases is not between the units of the Union but an aggrieved individual and the Government or any of its agencies. In the matter of Fundamental Rights, and of Fundamental Rights only, a citizen can move the Supreme Court directly by presenting a petition to it without going to any lower court at all and it becomes the responsibility of the Supreme Courts to ensure that the rights treated as fundamental by the Constitution are enjoyed by every citizen of the country.

Other Powers:

Decrees or orders passed by the Supreme Court in the interests of justice are enforceable through­out the territory of India. The Supreme Court has also been given the power under Article 142 to secure the attendance before it of any person within the territory of India or to order the discovery and production of any documents, or the investigation or punishment of any contempt of itself.

The supreme power of the Supreme Court, however, lies in its being the ultimate interpreter and guardian of the Constitution in which capacity its power embraces not only the interpretation of the Constitu­tion but also that of the laws of the Union, the States and local authorities.

Like the highest court in other countries, the Supreme Court of India, too, is not bound by its own decisions. It can reconsider its own decisions provided that such review is in the interest of the community and justice. An application for review may be filed with the Registrar of the Court within thirty days after its judgement is delivered in appeal and it should briefly and, distinctly state the grounds for review.

The application for review must also be accompanied by a certificate by the Bar Council that it is supported by proper grounds. Any such review is undertaken by a larger bench than the one which passed the original judgement. The Supreme Court’s power to review its earlier deci­sions helps it to correct any decision which may be deemed erroneous.

Constitution of India constitutes India into a Sovereign Socialist, Sovereign and Democratic, republic Nation. Socialist Nation is a Nation which allows an individual to collect wealth subject to reasonable restrictions with regard to the rights of Wealth less people to have opportunity to develop them.

In the very concept of socialism an attempt is made out to strike a judicious balance between the Capitalism and communism.

This constitutional mandate of Socialism rightly directed India’s Foreign Policy for around Four decades of Independence. In this period we had closed economy at home with object of achieving self reliance in food production as well as Industrial Growth which will guarantee employment to masses. This policy of self development rightly kept away India from Capitalist European and America States.

But with the fall of Soviet Russia in late 1990, the international support of India’s economic policy withered away, which results in to temporary set back to our slow but sustained all inclusive growth at home. This ultimately forced India to adopt major changes in India’s foreign Policy.

India opened its huge market for Multinational companies from Capitalist Countries and to facilitate them government of India decide to adopt disinvestment in public sector units which results into transfer of wealth from public/ people to a few corporate houses individuals. Here we started sidelining the constitutional spirit of socialist Nation and make moves towards a Capitalist Country. This shift was so swiftly incorporated by India’s policy makers that only gloomy side of this shift was visible and dark side was intellectually covered under the carpet.

Rightly after adopting this change in policy India came closer to the countries having capitalist set up. Many individuals and corporate Houses from India also started imprinting their marks in Forbs list of riches men on the earth, we can Name a few, Ambani brothers, Bharti Mittal, etc.

Collection of wealth by a Handful of a few is misunderstood by this country as a development of the nation when majority of the population of this country is not at all part of this capitalist growth. India is developing but Bharat is loosing its existence and countrymen of Bharat are increasing committing suicide across length and breadth of this country. One this is crystal clear in this model of growth that India is shifting from a socialist country to a Capitalist Nation.

Big question is, whether this shift is constitutionally permissible? Answer to this question is in negative and can easily found in the letters and words of the Constitution of India.

Starting from the Preamble to the Chapter of Fundamental rights which allow every individual to adopt and Carry on any business trade or calling but allows the Government to create monopoly in its favor and to have control over national wealth in the interest of public. More Particularly in Part four of the constitution which speaks of Directive principles of State Policy specifically directed government of India to adopt and design policies which will keep India’s socialist fabric intact, and model of growth must be based on the inclusive growth, inclusive of all literate and illiterate, poor and rich farmers and businessmen, and not exclusive of poor and downtrodden. Our Commitment to these constitutional goals directed India’s Foreign policy till 1990s.

India should be very much careful in carving and implementing its foreign policy as it has direct correlation with the well being of the people of this country. Countrymen here are not homogeneous socially, economically and politically, still there exist a wide gap amongst the people of this country as to their economic status, upbringing and understanding. India needs a few ore year to bring its majority living in villages to the mainstream of this country. Only and only after that we can adopt a foreign policy, which Government of India has prematurely adopted today. Moreover Capitalism shall never be a dominating factor while designing foreign policy for this country. My honest submission before this august gathering of experts of Law and polity is

1. There is an urgent need to reconsider India’s foreign policy from constitutional perspective.
2. Goals set out under Part III and Part IV of the Constitution must be respected and achieved will all efforts.
3. India’s foreign policy must not ignore major stake holder of this Country i.e. a farmer.
4. India must not do away with our Gandhian Philosophy of Self reliance and all inclusive growth.
5. In the development of India we shall not forget Bharat.

The originator of the concept of rule of law was Sir Edward Coke the Chief Justice in James I Reign.
The concept of rule of law is of old origin. Greek philosophers such as Plato and Aristotle discussed the concept of rule of law around 350 BC. Plato wrote as Where the law is subject to some other authority and has none of its own, the collapse of the state, in my view, is not far off; but if law is the master of the government and the government is its slave, then the situation is full of promise and men enjoy all the blessings that the gods shower on a state. Aristotle wrote as law should govern and those who are in power should be servant of the laws.

The derivation of the phrase as˜ Rule of Law is from the French phrase as˜la principe de legalite’ which implies principle of legality. By this phrase it refers to a government based on principles of law and not of men. One of the basic principles of Constitution is rule of law and this concept is up to standard in both India and America Constitution.

The doctrine of rule of law is the entire basis of Administrative law. As discussed by Aristotle, the concept of rule of law is grounded in the ideas of justice, fairness and inclusiveness. Today, an intricate chain of fundamental ideas is inappropriate in rule of law which further encompasses equality before law, equal treatment before the law for government, independence of judiciary, consistency, transparency and accountability in administrative law.

The doctrine of rule of law has its origin in England and it is one of the fundamental characteristics of the British constitutional system. It lays down that the law is supreme and hence the government must act according to law and within the limits of the law. It is the legal principle that law should govern a nation, as opposed to being governed by arbitrary decisions of individual government officials. It primarily refers to the influence and authority of law within society, particularly as a constraint upon behavior, including behavior of government officials.

“An Introduction to the law of the constitution” in which the term “Rule of Law” was given a comprehensive amplitude. In reality, it is a doctrine of England where there is no written constitution, so it is placed as a higher law there to check the validity of any law made by legislature. This doctrine shows that whatever law is present in our state, must be ruled over everyone, meaning thereby the law is supreme in all respect and in every sphere. It clarifies that “No one above the law”. Now a question arises, what the law is? The answer of this question resides in two principles that are-

•Due Process
•Procedure established by law.
Due Process is a doctrine of USA, and its ambit is not defined comprehensively, but its sphere is to be explained by judges as per the facts and circumstances of the case. It represents judicial supremacy and also there is a danger for judicial autocracy because the court if not self restrained may go beyond the limits set by the constitution.

But in India, there is a “Procedure established by law” doctrine prevails, adopted from

Constitution of Japan
and clearly enshrined in Article 21 of Indian Constitution. It shows parliamentary sovereignty because in India, law is made by the legislature, it restricts the judicial supremacy and only infers right to do literal interpretation not statutory construction of laws.There are also some other elements embedded in Rule of law, such as

• Absence of arbitrary power on the part of government, which is undoubtedly present in form of judicial review in which judiciary always look after the actions of other organs of government.

• Equality of all persons in the eye of the law, which can be justified on the basis of provisions of Article 14-18 with some reasonable restrictions.

• Rules of constitutional law are the results of the ordinary law of the land means the laws made by legislature must not be contrary to the provisions of constitution, otherwise it will be declared as null and void.

In England, Rule of Law flourished sovereignty of legislature, being unwritten constitution there is no higher law to circumscribe the plenary powers of the sovereign legislature but in India, there is written constitution and the concept of judicial review also present, so the doctrine of Rule of Law cannot be assigned a paramount place. But to promote the spirit of constitutionalism, the shadow of this doctrine reflects in various provisions of Indian Constitution in the form of fundamental principles of natural justice.

A V Dicey in his book The Law of the Constitution (1885) has given the following three implications of the doctrine of rule of law.

1. Absence of arbitrary power, that is, no man is punished except for a breach of law
2. Equality before the law, that is, equal subjection of all citizens (rich or poor, high or low, official or non official) to the ordinary law of the land administered by the ordinary law courts
3. The primacy of the rights of individual, that is, the constitution is the result of the rights of the individual as defined and enforced by courts of law, rather than constitution being the source of the individual rights

Most legal theorists believe that the rule of law, popularized in 19th century, has purely formal characteristics, and possess the characteristics of generality, equality, and certainty, but there are no requirements with regard to the content and protection of individual rights.

Today Dicey’s theory of rule of law cannot be accepted in its totality. The modern concept of the rule of law is fairly wide and therefore sets up an ideal for any government to achieve. Accordingly – “The rule of law implies that the functions of the government in a free society should be so exercised as to create conditions in which the dignity of man as an individual is upheld. This dignity requires not only the recognition of certain civil or political rights but also creation of certain political, social, economical, educational and cultural conditions which are essential to the full development of his personality”.

The relevance of the Rule of Law is demonstrated by application of the following principles in practice:

1. The separation of powers between the legislature, the executive and the judiciary.
2. The law is made by representatives of the people in an open and transparent way.
3. The law and its administration is subject to open and free criticism by the people, who may assemble without fear.
4. The law is applied equally and fairly, so that no one is above the law.
5. The law is capable of being known to everyone, so that everyone can comply.
6. No one is subject to any action by any government agency other than in accordance with the law and the model litigant rules, no one is subject to any torture.
7. The judicial system is independent, impartial, open and transparent and provides a fair and prompt trial.
8. All people are presumed to be innocent until proven otherwise and are entitled to remain silent and are not required to incriminate themselves.
9. No one can be prosecuted, civilly or criminally, for any offence not known to the law when committed.
10. No one is subject adversely to a retrospective change of the law.

Rule of Law and Indian Constitution 

In India the Constitution is supreme. The preamble of our Constitution clearly sets out the principle of rule of law. It is sometimes said that planning and welfare schemes essentially strike at rule of law because they affect the individual freedoms and liberty in many ways. But rule of law plays an effective role by emphasizing upon fair play and greater accountability of the administration. It lays greater emphasis upon the principles of natural justice and the rule of speaking order in administrative process in order to eliminate administrative arbitrariness.

Important Components of Rule-of-Law Reforms

a) Court Reforms 

The efficiency of the courts is an important component in rule-of-law reforms as the existence of a judiciary is a fundamental aspect of the rule of law. 

To increase accountability and transparency, information technology systems may be installed to provide greater public access. To increase independence of the courts, the government can provide them with funding that will allow them to make their own financial and administrative decisions.

Recent aggressive judicial activism can also be seen as a part of the efforts of the Constitutional Courts in India to establish rule-of-law society, which implies that no matter how high a person, may be the law is always above him. Court is also trying to identify the concept of rule of law with human rights of the people. The Court is developing techniques by which it can force the government not only to submit to the law but also to create conditions where people can develop capacities to exercise their rights properly and meaningfully. However, separation of powers should be maintained.

b) Legal Rules 

Another important rule-of-law reform goal is to build the legal rules. As Fuller stated, “laws must exist.”

c) Institutional Encouragement on the Global Level 

To encourage additional country-specific development, in the early 1990s the World Bank and the International Monetary Fund (IMF) began conditioning financial assistance on the implementation of the rule of law in recipient countries. These organizations had provided aid to support initiatives in legislative drafting, legal information, public and legal education, and judicial reforms, including alternative dispute resolution. By conditioning funds on the establishment of the rule of law, the World Bank and the IMF also hope to reduce corruption, which undermines economic development by scaring away investors and preventing the free flow of goods and capital. Currently, in its Sustainable Development Goals (SDG), the United Nations (UN) also champions the rule of law as a vehicle to bring about more sustainable environmental practices.

Conclusion 

Rule of law is mostly believed to be a modern concept which is a gift of democracy however it is something which is fundamental to the very basic idea of good governance

We need to focus on the weaknesses and loopholes so that we can remove or plug them. Having said this, we cannot resist ourselves from adding that it is not that only the three organs of the State are to be blamed for the dismal state of rule of law in the society. Other actors like the media, civil society and even the ordinary citizen cannot run away from their respective responsibilities. Therefore it is equally important that all the actors of the society ensure for the maintenance of Rule of Law.

The concept of writ essentially originated in England & to issue appropriate writ was always considered to be a prerogative of the crown. One of such important prerogative writs originated in England is known as the writ of habeas corpus.

The writ of habeas corpus has always been looked upon as an effective means to ensure release of the detained person from the prison. A habeas corpus petition is a petition filed with a court by a person who objects to his own or another’s detention or imprisonment. The petition must show that the court ordering the detention or imprisonment made a legal or factual error

However, even when writ of habeas corpus is issued, it does not automatically exonerate the detained person from liability. It merely ensures his release from the prison & it does not have any bearing on his guilt or otherwise

In the case of the Additional district Magistrate of Jabalpur v.Shiv Kant Shukla2, popularly known as the Habeas Corpus case, which came up for hearing in front of the Supreme Court in December 1975. Given the important nature of the case, a bench comprising the five seniormost judges was convened to hear the case.

The bench opined in April 1976, with the majority deciding against habeas corpus, permitting unrestricted powers of detention during emergency. Justices A.N RAY, PN Bhagwati Y.V.Chandrachud and M.H Beg, stated in the majority decision
However, Justice Khanna resisted the pressure to concur with this majority view. He wrote in his dissenting opinion:
The Constitution and the laws of India do not permit life and liberty to be at the mercy question is whether the law speaking through the authority of the court shall be absolutely silenced and rendered mute… detention without trial is an anathema to all those who love personal liberty.

In the end, he quoted Justice: Charles Evans Hughes
A dissent is an appeal to the brooding spirit of the law, to the intelligence of a future day, when a later decision may possibly correct the error into which the dissenting Judge believes the court to have been betrayed


In Kanu Sanyal v. District Magistrate3.
The court in that case held that habeas corpus was essentially a procedural writ dealing with the machinery of justice. The object underlying the writ was to secure the release of a person who is illegally deprived of his liberty. The writ, declared the court is a command addressed to the person who is alleged to have another person unlawfully in his custody, requiring him to bring the body of such person before the court in order that the circumstances of the detention may be enquired into and an appropriate judgment rendered upon judicial enquiry into the alleged unlawful restraint. The characteristic element of the writ and the theory behind the whole procedure observed the court was the immediate determination of the right of the applicant’s freedom and his release when the detention is found to be unlawful.

An application for habeas corpus can be made by any person on behalf of the prisoner as well as by the prisoner himself, subject to the rules and conditions framed by various High Courts. The writ of habeas corpus is an effective means of immediate release from unlawful detention whether in prison or private custody. Physical confinement is not necessary to constitute detention. Control and custody are sufficient Legal necessities and technicalities are no impediments to the court entertaining the writ of habeas corpus if the basic facts are found. The writ of habeas corpus cannot only be used for releasing a person illegally detained but it will be also used for protecting him inhumane treatment inside the jail as stated in Sunil Batra case4

The scope of the writ of habeas corpus has considerably increased by virtue of the decision of the Supreme Court in Maneka Gandhi v. Union of India5 and also by the adoption of forty-fourth amendment to the Constitution. Since the judicial interpretation of Article 21 has extended the magnitude of the concept of the personal liberty and the Court introduced the element -of fairness and justness in the ‘procedure established by law’, now a writ of habeas corpus would lie if the law depriving a person of his personal liberty is not fair, just and equitable.

Conclusion
The roots of our Constitution lie deep in the finer, spiritual sources of social justice, beyond the melting pot of bad politicking feudal crudities and sublimated sadism, sustaining itself by profound faith in Man and his latent divinity

Writ of habeas corpus is the fundamental instrument for safeguarding individual freedom against arbitrary and lawless state action. As it is rightly quoted by Pascal in Pensees.
“Justice without force is impotent force without justice is tyranny”.