Que1: Write a note on introduction of Indian constitution.

Constitution of India
As you might know, the Constitution of India lays down an important framework that demarcates the
structure of the political system, powers, and duties of government institutions and gives the people
their fundamental rights and duties towards the country. The main aim of the constitution is to protect
the fundamental rights of the people. On 26 November 1949, the constitution was adopted by the
Constituent Assembly of India. Although it came into effect on 26 January 1950.

Since the constitution was created by the constituent assembly it communicates constitutional
supremacy rather than parliamentary supremacy. The Constitution of India from start to end is made
by the Indians only. It replaces the Government of India Act 1935 and functions as the country’s
fundamental governing document.

The constitution declares India a sovereign, socialist, secular, and democratic republic. It ensures
that all the citizens of this country will get equality, liberty and justice.

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Story Behind its Formation

The Constituent Assembly was formed in 1946 and consisted of members of the provincial
assemblies. In total there were 299 members. The President of this Assembly was Dr Rajendra
Prasad. To design the constitution a Drafting Committee was formed. Dr B. R. Ambedkar who is
regarded as the ‘Father of the Constitution of India’ was the chairman of the Drafting Committee.

It took the committee three years to draft the constitution, holding eleven sessions over 165 days.
This is because India is a big country with so many cultures and religions. The committee wanted to
make sure that they make a constitution that leads the country to success.

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Components of the Indian Constitution

The Indian constitution is the longest in the world. It consists of a preamble and 470 articles which
are categorised into 25 parts. This is not the end, it also has 12 schedules and 5 appendices. Even
after its enactment, the constitution has been amended 104 times, the latest one came on 25
January 2020.
The Preamble
The Preamble is the heart of the constitution. This is because it beautifully lays down the country’s
core values and what it stands for. Originally it was not a part of the constitution but was added
much later on. The Preamble promotes justice, liberty, and equality for every Indian. It wants to
maintain the unity and integrity of the country.

The Preamble declares India ‘sovereign’ which means the country is an independent authority and it
is not a dominion of any other external power. It also says that India is ‘secular’ which means that all
the citizens have the right to practise their religion. The introductory document further says that India
embraces social and economic democracy.

It provides every Indian with equality of status and opportunity. According to the Preamble, every
citizen must promote harmony and the spirit of common brotherhood. Most importantly, it states that
the country is ‘democratic’ which means that the citizens have the right to choose the members of
the government.

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Fundamental Rights
The constitution gives every citizen 6 fundamental rights. These are as follows:

Right to Equality
Right to equality means every citizen will get equal rights in every field irrespective of their colour,
caste, religion and gender. It ensures that everyone will get equal job opportunities and citizens
shouldn’t follow orthodox practices such as untouchability and give equal respect to everyone.

Right to Freedom
India is a democratic country where the constitution guarantees freedom to every Indian. Under this
several rights are given such as:

• Freedom of speech
• Freedom of expression
• Freedom to reside in any part of the country
• Freedom of association
• Freedom of assembly without arms
• Freedom to practise any profession

Right Against Exploitation

This right prohibits child labour, and human trafficking and states that forcing children to work under
the age of 14 in factories, mines or under any hazardous conditions is strictly not allowed. This right
also states that the government does not have the power to discriminate against anyone based on
caste, religion, gender or colour.

Right to Freedom of Religion

This right implies that India is a secular country where the citizens can fearlessly follow their religion
or culture.

Cultural and Educational Rights

All religions, cultures and linguistic minorities have the right to preserve their heritage and culture.
The State has no official religion. The government does not have the right to discriminate against
any educational institution just because the minority group is operating it.

Right to Constitutional Remedies

This right ensures that the government cannot violate anyone’s rights. If citizens feel that their right
is taken away then they can go to the court and demand justice.

Conclusion
As you can see the drafting committee has paid attention to minor details to make sure that they
make a constitution that gives the citizens every right possible and makes India a powerful country.

The Constitution of India embraces the principles of equality, liberty and fraternity. It tells the Indians
to spread harmony and respect everyone. The government must provide equal opportunities to
everyone and make sure that everyone gets justice.

Que2: Discuss the fundamental rights mentioned in Indian constitution.

Originally the constitution provided for seven Fundamental rights,

1. Right to Equality (Article 14 to 18),

2. Right to Freedom (Article 19 to 22),
3. Right against exploitation ( Article 23 and 24),
4. Right to freedom of religion (Article 25 to 28),
5. Cultural and Educational rights (Article 29 to 30),
6. Right to property (Article 31),
7. Right to Constitutional remedies (Article 32).
But later on, the right to property was removed from the list of fundamental
rights by the 44th Amendment Act of 1978. So now there are only six
fundamental rights in the Constitution of India.

The fundamental rights guaranteed by the constitution of India have certain

features that establish their uniqueness, these are:

1. Some of the Fundamental rights are available only to the citizens of

India while some are available to everyone such as Indian citizens,
foreign citizens, or even companies and corporations.
2. The state can impose reasonable restrictions on these rights, thus
making them qualified and not absolute.
3. These fundamental rights are defended and guaranteed by the
Supreme Court of India, hence the aggrieved party can directly move
to the Supreme Court on the infringement of these rights.
4. These rights can be suspended during the operation of a National
Emergency except the rights defined under Article 20 and 21.
5. The application of these rights can be restricted when a military rule is
imposed under abnormal circumstances to restore order (Article 34)
and is very different from the imposition of a national emergency.
6. The application of these rights can be restricted or abrogated by the
parliament (Article 33), rights of armed forces, police forces,
intelligence agencies, etc. can be restricted by this Article.

Right to Equality
• Article 14 of the Constitution of India declares that the state will not
deny anybody equality before the law or equal protection of the laws
within the territory of India. This right is conferred on everyone
including foreigners and even legal persons, such as a corporation or a
company.

• This concept of ‘equality before the law’ is of British origin while the
concept of ‘equal protection of laws’ is of American origin (it has been
taken from the American Constitution).
• Article 15 of the Constitution of India declares that the state will not
discriminate against any citizen of India on the grounds of religion,
caste, sex or their place of birth.
 • Article 16 of the Constitution of India declares the equality of
opportunity for the Indian citizens in the matters which involve
employment or appointment to any office under the state. Hence, no
citizen of India shall be discriminated against or be declared ineligible
for any employment under the state on the grounds of religion, caste,
place of birth, or gender.
• Article 17 of the Constitution of India abolishes the concept of
‘Untouchability’ and prohibits its practice in any shape or form.
• Article 18 of the Constitution of India abolishes the concept of ‘Titles’
and declares that:
o No title (except for military and academic titles) shall be
conferred by the State.
o Citizens of India are prohibited from accepting any title from
any foreign State.
o No foreign individual (while he holds any office of profit or
trust under the State) can accept any office from any foreign
state without the consent of the President of India, any title
from any foreign state.
o No Indian Citizen or foreigner who is holding an office of profit
or trust under the state can accept any present or office from
or under any foreign State without the consent of the
President of India.

Right to Freedom
• Article 19 of the Constitution of India guarantees six rights to all the
Indian citizens, these rights defined under this Article are:

Right to freedom of speech and expression (Article 19(1)(a))

Right to assemble (peacefully and without arms) (Article 19(1)(b)

Right to form associations or co-operative societies (Article 19(1)(c)

Right to freely move throughout the Indian territory (Article 19(1)(d))

Right to reside and settle also in any part of Indian territory (except for the state of Jammu and

Kashmir as per Article 35A) (Article 19(1)(e)),

Right to practice any kind of profession or any occupation, trade, or business (Article 19(1)(g)).

No ex-post-facto law

No double jeopardy

No self-incrimination

Right against exploitation

Right to freedom of religion

Right to Constitutional Remedies.

Saving of Laws that provide for Acquisition of

Estates
Under Article 31A of the Constitution of India, Five categories of laws have
been defined from being challenged on the grounds of violation of Fundamental
rights granted by Article 14 and 19 of the Constitution. These categories are
related to

• Acquisition of estates and the rights related to it by the State.

• An amalgamation of various corporations.
• Modification of mining leases or even Extinguishment.
• Taking over the management of properties by the State.
• Modification of the rights of the directors of various corporations.
Que3: Discuss the power and functions of the Governor.

Powers and functions of the Governor

• Part VI of the Constitution, Articles 153 to 167, deals with the state executive.
The governor, chief minister, council of ministries, and state attorney general
make up the state executive.
• The governor is the state's chief executive officer. But, like the president, he is
only a ceremonial executive.
• The governor also represents the central government. As a result, the governor's
office serves a dual purpose.
• The governor is the constitutional head of state, bound by the recommendations
of his cabinet.
• He serves as an important connection between the Union and State
governments.
• A governor has executive, legislative, financial, and judicial powers similar to the
President of India.
• He does not, however, have the president's diplomatic, military, or emergency
authorities.
• The governor's powers and functions can be explored under the following
headings:
o Executive power.
o Legislative power.
o Financial power.
o Judicial power.

Executive Powers
• All executive actions of a state's administration are legally taken in the name of
Governor.
• He can create regulations governing how Orders and other instruments produced
and executed in his name are verified.
• He appoints the leader of the majority party in the State Legislative Assembly as
the Chief Minister of the State.
• He appoints other members of the Council of Ministers on the recommendation
of the Chief Minister.
• He should appoint a Tribal Welfare Minister in the states of Chattisgarh,
Jharkhand, Madhya Pradesh, and Odisha. The 94th Amendment Act of 2006
exempted the state of Bihar from this provision.
• He acts as the chancellor of universities in the state. He also appoints the vice-
chancellors of universities in the state.
• He appoints the advocate general of a state, state election commissioner and
chairman and members of the state public service commission.
 • He directly rules a State when there is the imposition of the President’s rule in the
State.
• He may ask the chief minister to bring to the council of ministers any topic on
which a minister has made a decision but which has not been reviewed by the
council.
• He has the authority to propose to the president the declaration of a state of
constitutional emergency.
• As an agent of the President, the governor has considerable administrative
powers in a state during the President's reign.

Legislative Powers
Legislative Powers
• Under Article 175 Right of the Governor to address and send messages to the
house or houses of the state legislature.
• Under Article 213 he can promulgate ordinances when the state legislature is not
in session. These ordinances must be approved by the state legislature within six
weeks from its reassembly.
• Every bill passed by the state legislature will become law only after his signature.
But, when a bill is sent to the Governor after it is passed by the legislature, he
has the option to give his assent to the bill or withhold his assent to the bill or
return the bill for the reconsideration of the legislature.
• When the offices of Speaker and Deputy Speaker become empty, he has the
authority to designate any member of the State legislative assembly to preside
over its operations.
• Similarly, he can select any member of the state legislature council to preside
over its operations if both the Chairman and Deputy Chairman positions become
vacant.
• He nominates one-sixth of the state legislative council members from among
those with specific expertise or practical experience in literature, science, art,
cooperative movement, and social service.
• He can nominate one member to the State Legislative Assembly from the Anglo-
Indian Community.
• In consultation with the Election Commission, he makes decisions on the
disqualification of members of the state legislature.
• He presents to the state legislature the reports of the State Finance Commission,
the State Public Service Commission, and the Comptroller and Auditor-General
concerning the state's accounts.

Financial Powers
Financial Powers
The governor's financial authorities and functions are as follows:
 • He ensures that the Annual Financial Statement (state budget) is presented to
the state legislature.
• Only with his previous approval may money legislation be submitted in the state
legislature.
• No grant request may be filed unless he recommends it.
• He can make loans from the state's contingency fund to cover any unanticipated
expenses.
• Every five years, he appoints a finance commission to assess the financial
situation of the panchayats and municipalities.

Judicial Powers
Judicial Powers
The governor has the following judicial powers and functions:

• He can grant pardons, reprieves, respites, and remissions of punishment, as well

as suspend, remit, and commute the sentence of any person convicted of any
offence against any law relating to a matter to which the executive power of the
state extends.
• When the president appoints judges to the relevant state high court, he consults
with him.
• In cooperation with the state high court, he appoints, posts, and promotes district
judges.
• In cooperation with the state high court and the State Public Service
Commission, he also selects people to the state's judicial service (other than
district judges).

Discretionary power of Governor

Discretionary power of Governor
The Governor can use these powers as discretionary:

• If no party obtains an absolute majority, the Governor may choose the Chief
Minister at his discretion.
• During an emergency, he has the authority to disregard the recommendations of
the ministerial council. In such situations, he functions as the President's
representative and becomes the true ruler of the state.
• He utilizes his authority to give a report to the President on the state's affairs.
• He might refuse to sign a measure and instead refer it to the President for
approval.
Que4: What do you understand by censorship? Describe.

Censorship, the changing or the suppression or prohibition of speech or

writing that is deemed subversive of the common good. It occurs in
all manifestations of authority to some degree, but in modern times it has
been of special importance in its relation to government and the rule of law.

Or
Censorship is the suppression of speech, public communication, or other information. This may be
done on the basis that such material is considered objectionable, harmful, sensitive, or
"inconvenient”. Censorship can be conducted by governments, private institutions and other
controlling bodies.

Types
Political
State secrets and prevention of attention
Religion
Educational sources
Economic induced censorship
Self-censorship
Copy, picture, and writer approval
Reverse censorship

By media
Books
Films
Music
Maps
Art
Internet
Social media
Video games
India
Main article: Censorship in India
The Constitution of India guarantees freedom of expression, but places certain restrictions on
content, with a view towards maintaining communal and religious harmony, given the history of
communal tension in the nation. According to the Information Technology Rules 2011, objectionable
content includes anything that "threatens the unity, integrity, defense, security or sovereignty of
India, friendly relations with foreign states or public order".

Que5: What is legislature? Discuss.

The legislature is the State’s law-making body. It is the first of the three-state
organs. It has the power to enact laws as well as run the country. According to
Article 168 of the Indian Constitution, a state can have a unicameral (which
should be the Legislative Assembly) and a bicameral legislature (Legislative
Council and Legislative Assembly). Every State must have a legislature that
includes the Governor. (Article 168) There are two sorts of legislatures:
unicameral and bicameral.

Composition of the Houses

The Legislative Assemblies and Legislative Council composition are discussed
under Article 170 and Article 171 of the Indian Constitution.

Qualifications of Members
Article 173 of the Indian Constitution specifies the requirements for
membership. They are:
• A person must be an Indian citizen.
• A member of the Legislative Assembly must be over the age of 25.
• A person must be above 30 years old to be a member of the Legislative
Council.
• he or she should be a registered voter in one of the state’s constituencies.

Disqualifications of Members
The disqualification of members of the Legislature is addressed in Article 191.
The following grounds can be used to disqualify an MLA or MLC:
• If one occupies a profit-making position in the state or central government.
• If a competent court declares someone to be of unsound mind.
• If you’re an undischarged insolvent.
• When a person is no longer a citizen of the nation or when he or she has
willingly adopted the citizenship of another country.
• If the law of the Parliament disqualifies one.

Sessions of the State Legislature

The Governor has the authority to call these Houses of the State Legislature
under Article 174 of the Indian Constitution. He or she can summon these
bodies to meet at any location and any moment that he or she deems proper.
The time interval between these Houses’ sessions should not be more than six
months. The Governor also has the right to prorogue either House or dissolve
the Legislative Assembly.

Powers of the state legislature:

1. Legislative Powers: The State Legislature has the authority to enact
legislation concerning the State List and the Concurrent List. It has the authority
to enact any bill on any subject on the State List, which becomes an Act once
signed by the Governor. The Legislative Assembly is in charge of creating laws.
The Legislative Assembly introduces most non-money regular measures and
plays a vital role in their passage.
2. Financial Powers: The State Legislature has the authority to collect taxes on
all of the State List’s topics. It is the guardian of the state’s money. The state
government cannot collect money or levy or collect taxes without the agreement
of the State Legislature. The state budget and all other financial policies and
programs are only operative if the State Legislature has approved them. In
emergencies declared under Articles 352, 356 or 360, however, the state’s
financial authorities become subject to the Union.
3. Control over the Executive: The State Legislative Assembly has control over
the State Council of Ministers. The State Legislative Council has been given a
little function. In the State Legislative Assembly, the state Chief Minister is the
majority leader. Before the Legislative Assembly, the State Council of Ministers
is jointly accountable. The latter can bring the ministry down by passing a vote
of no confidence or rejecting a measure, policy, or budget proposed by the
Council of Ministers.
4. Other Powers: Other functions are exercised by the State Legislature,
notably the Legislative Assembly. Members of the Legislative Assembly choose
the President of India (MLAs), elected by the people. They also elect state
representatives to the Rajya Sabha. The Union Parliament can only enact
specific constitutional revisions if at least half of the state legislatures agree.

Functions of the state legislature

The laws of each state legislature govern the subjects of the State List and the
Concurrent List. If a state has a unicameral legislature, if it just has a State
Legislative Assembly, that legislature exercises all functions. Even if the state
legislature is bicameral, with the state Legislative Council (Vidhan Parishad) as
the upper house and the state Legislative Assembly as the lower body, the
latter exercises practically all functions. The Legislative Council has a minor and
secondary duty.
Limitations on the powers of State Legislature
(1) The President of India’s previous approval for introducing specific bills:
Certain bills can only be tabled in a state legislature with the President of India’s
prior permission.
(2) Bills reserved by the Governor for President’s Assent: The Governor can
reserve specific bills for the President’s Assent after the state legislature has
enacted them. They become law only once the President has granted such
bills.
(3) Limitations that the Rajya Sabha can impose: If the Rajya Sabha approves a
resolution (supported by a 2/3rd majority of the members present and voting)
declaring a state topic named in the resolution as a matter of national interest,
the Union Parliament can make laws on the State List for a year.
(4) Restrictions in the event of a national emergency: When a national
emergency (Article 352) is declared, the Parliament has the authority to adopt
legislation on any topic on the State List. The statute is in effect for the duration
of the emergency and six months after it has ended.
(5) Governor’s Discretionary Powers: The Governor of a state’s discretionary
powers also serve as a constraint on the State Legislature. He is beyond the
reach of the State Legislature whenever he acts at his discretion. The governor
can dissolve the State Legislative Assembly at his discretion.
Que6: What is contempt of court? Describe.
Contempt of court is an act of disrespect or disobedience toward a court or
interference with its orderly process. Examples include disrupting court
proceedings, interfering with attempts to obtain evidence, destroying
evidence, disobeying a court order, and intimidating witnesses.

A contempt order may address behavior both in the courtroom and outside it,
including public displays of disrespect toward the court. In short, risk being
found in contempt of court if you act in a way that is disruptive, disrespectful,
or that threatens the fair verdict or outcome of a case.

Categories of Contempt
Contempt of court refers to any behavior of an individual that defies or opposes the authority or
dignity of the court. Contempt of court charges may be leveled against any party to a court
proceeding, their lawyers, witnesses, jurors, court officers or personnel, and even non-involved
individuals, such as protesters outside a trial. Contempt charges may be civil or criminal, and the
court has a great deal of leeway in charging people with contempt.
Acts of contempt may generally be divided into certain categories of contempt:
 1. Criminal Contempt: being rude or disrespectful to court proceedings,
the judge, or attorneys in the proceedings, or causing some type of
disturbance in the courtroom. This type of behavior usually garners a
warning by the judge before contempt charges are made.
2. Civil Contempt: willfully or purposely failing to obey an order of the court.
This often involves refusal to pay child support, failing to abide by a child
custody order, refusing to hand over property when ordered by the court, or
failing to show up for a hearing in court.
3. Direct Contempt: an action taken in the presence of the court, which is
intended to cause embarrassment or show disrespect for the court. Direct
contempt may include the refusal by a witness under oath
to answer questions of the judge or an attorney, or shouting in the courtroom
.
4. Indirect Contempt: actions taken away from the court, which are intended to
mock, degrade, or obstruct the court or court proceedings. Attempting to
bribe an attorney or witness, or attempting to sway members of the jury are
considered indirect acts of indirect contempt. In addition, publishing or
handing out flyers intended to cause disrespect for the court may be
considered an act of indirect contempt.

Contempt of Court Penalties

When a court cites someone for contempt, the punishment could range from
a fine to jail time. Because the judge has complete discretion in controlling the
courtroom, and in enforcing orders of the court, contempt of court citations
cannot generally be appealed. While fines imposed for contempt of court go to
the court, the judge may also order the individual to pay the opposing party’s
attorney’s fees for any work required because of the contempt, so it can be a
costly mistake.

Common Actions that Lead to Contempt of Court

Citations for contempt are most commonly levied for violations of existing court
orders. In civil and family law, some actions that would be in contempt of court
may include:
 Failure or refusal to make court-ordered child or spousal support payments,
or failure to pay the full amount ordered on time.
 Failure to abide by the Marital Settlement Agreement or divorce decree,
refusing to return specified property, or taking away property not awarded to
that party.
  Failure to comply with the terms of a court ordered parenting plan or
child visitation order, such as returning the children late, or failing to return
them at all, or failing to allow the other parent visitation as ordered.
 Failure or refusal to return property ordered to be returned in a judgment on
a civil lawsuit.
 Violating a no-contact or protective order.

Related Legal Terms and Issues

 Automatic Temporary Restraining Orders – standard, automatic orders that
go into effect on filing for divorce, which forbid the parties from removing the
children to another location, disposing of marital assets, or creating debt by
offering marital assets as collateral.
 Civil Lawsuit – A lawsuit brought about in court when one person claims to
have suffered a loss due to the actions of another person.
 Judgment – A formal decision made by a court in a lawsuit.
 Marital Assets – All property, financial assets, and debt acquired by the
couple during the course of the marriage, regardless of who holds title to it.
 Marital Settlement Agreement – A written agreement setting forth terms for a
divorce agreed to by the couple, covering such issues as child custody and
support, spousal support, division of property and debt, and other relevant
issues.
 No Contact Order – A court order prohibiting verbal, physical, and written
contact with an other person or entity.
 Protective Order – An order issued by the court intended to protect an
individual from harm or harassment.

Que7: What is citizenship? Define.

Since the state is organized and the government is established for the welfare
of the citizen, it becomes essential that we should know the meaning of the
term “citizen”. The term ‘citizen’ can be understood in a narrow or in a broad
sense. In a narrow sense, it means the resident of a city or one who enjoys
the privilege of living m a city. While in a broad sense citizen means a person
who resides within the territorial limits of the state.

Speaking in terms of Political Science, citizen means a person who is the

member of the state and who enjoys social and political rights. In our country
an adult of twenty-one years of age enjoys, regardless of the distinction of
caste, color and creed, education, property and residence, etc.
As a matter of fact, the concept of citizenship goes back to the ancient city-
states where the population was divided into two classes —the citizens and
the slaves. The citizens enjoyed both civil and political rights. They directly or
indirectly participate in all the functions of the civil and political life of the state.

Definition of the citizen:

According to Aristotle, citizen is he “who has the power to take part in the
deliberative or judicial administration of any state is said by us to be a citizen
of that state”. Vattal has defined citizens as, “the members of a civil society
bound to this society by certain duties, subject to its authority and equal
participants in its advantages”. “Citizenship”, according to Laski, “is the
contribution of one’s instructed judgment to the public good”.

On the basis of definitions given above, we arrive at the conclusion that

in order to become a citizen one must have the following:

(1) The membership of the state.

(2) The Social and Political rights.

(3) Sentiment of devotion to the state

Que8: Discuss the Official secrets act.

The Official Secrets Act of 1923 is India's anti-espionage act held over from the British colonial
period. It states clearly that actions which involve helping an enemy state against India are strongly
condemned. It also states that one cannot approach, inspect, or even pass over a prohibited
government site or area like an electrical substation. According to this Act, helping the enemy state
can be in the form of communicating a sketch, plan, model of an official secret, or of official codes
or passwords, to the enemy.

Prosecution and penalties

Punishments under the Act range from three years to life imprisonment (if the intent is to declare war
against India - section 5). A person prosecuted under this Act can be charged with the crime even if
the action was unintentional and not intended to endanger the security of the state. The Act only
empowers persons in positions of authority to handle official secrets, and others who handle it in
prohibited areas or outside them are liable for punishment.[1]
Journalists have to help members of the police forces above the rank of the sub-Inspector and
members of the military with investigations regarding an offense, up to and including revealing his
sources of information.
Under the Act, search warrants may be issued at any time if the magistrate determines that based
on the evidence there is enough danger to the security of the state.
 Uninterested members of the public may be excluded from court proceedings if the prosecution feels
that any information which is going to be passed on during the proceedings is sensitive. This also
includes media.[2]
When a company is seen as the offender under this Act, everyone involved with the management of
the company, including the board of directors, can be liable for punishment. In the case of a
newspaper, everyone – including the editor, publisher and the proprietor — can be imprisoned for an
offense. OSA is controversial to the modern RTI Act of 2005

Que9: Describe the Intellectual Property rights.

The definition of intellectual property rights is any and all rights associated
with intangible assets owned by a person or company and protected against
use without consent. Intangible assets refer to non-physical property,
including right of ownership in intellectual property . Examples of intellectual
property rights include:
• Patents
• Domain names
• Industrial design
• Confidential information
• Inventions
• Moral rights
• Database rights
• Works of authorship
• Service marks
• Logos
• Trademarks
• Design rights
• Business or trade names
• Commercial secrets
• Computer software

Types of Intellectual Property

There are four main types of intellectual property rights, including patents,
trademarks, copyrights, and trade secrets. Owners of intellectual property
frequently use more than one of these types of intellectual property law to
protect the same intangible assets. For instance, trademark law protects a
product’s name, whereas copyright law covers its tagline.
 1. Patents
The U.S. Patent and Trademark Office grants property rights to original
inventions, from processes to machines. Patent law protects inventions from
use by others and gives exclusive rights to one or more inventors. Technology
companies commonly use patents, as seen in the patent for the first
computer to protect their investment in creating new and innovative products.
The three types of patents consist of:
• Design patents: Protection for the aesthetics of a device or invention.
Ornamental design patents include a product’s shape (Coca-Cola bottle),
emojis, fonts, or any other distinct visual traits.
• Plant patents: Safeguards for new varieties of plants. An example of a plant
patent is pest-free versions of fruit trees. But inventors may also want a
design patient if the tree has unique visual properties.
• Utility patents: Protection for a product that serves a practical purpose and is
useful. IP examples include vehicle safety systems, software, and
pharmaceuticals. This was the first, and is still the largest, area of patent law.
2. Trademarks
Trademarks protect logos, sounds, words, colors, or symbols used by a
company to distinguish its service or product. Trademark examples include
the Twitter logo, McDonald’s golden arches, and the font used by Dunkin.
Although patents protect one product, trademarks may cover a group of
products. The Lanham Act, also called the Trademark Act of 1946, governs
trademarks, infringement, and service marks.
3. Copyrights
Copyright law protects the rights of the original creator of original works of
intellectual property. Unlike patents, copyrights must be tangible. For instance,
you can’t copyright an idea. But you can write down an original speech, poem,
or song and get a copyright.
Once someone creates an original work of authorship (OWA), the author
automatically owns the copyright. But, registering with the U.S. Copyright
Office gives owners a head-start in the legal system.
4. Trade Secrets
Trade secrets are a company’s intellectual property that isn’t public, has
economic value, and carries information. They may be a formula, recipe, or
process used to gain a competitive advantage.
To qualify as a trade secret, companies must work to protect proprietary
information actively. Once the information is public knowledge, then it’s no
 longer protected under trade secrets laws. According to 18 USC § 1839(3),
assets may be tangible or intangible, and a trade secret can involve
information that’s:
• Business
• Financial
• Technical
• Economic
• Scientific
• Engineering
Two well-known examples include the recipe for Coca-Cola and Google’s
search algorithm. Although a patent is public, trade secrets remain
unavailable to anyone but the owner.

Some Examples of Violations of

Intellectual Property
The significant violations of intellectual property consist of infringement,
counterfeiting, and misappropriation of trade secrets. Violations of intellectual
property include:
• Creating a logo or name meant to confuse buyers into thinking they’re buying
the original brand
• Recording video or music without authorization or copying copyrighted
materials (yes, even on a photocopier, for private use)
• Copying another person’s patent and marketing it as a new patent
• Manufacturing patented goods without a license to do so
Since intellectual property can be bought, sold, or leased out, it offers many
protections equal to real property ownership. Likewise, similar remedies exist.
A dispute may end with property confiscation, an order of monetary damages,
or cease and desist orders.

Que10: Write short notes on the followings-

(a) Ombudsman

(b) Press council

(a) Ombudsman
An official appointed to investigate individuals' complaints against a company or organization,
especially a public authority.

Ombudsmen sometimes also aim to identify systemic issues leading to poor service or breaches of
people's rights. At the national level, most ombudsmen have a wide mandate to deal with the entire
public sector, and sometimes also elements of the private sector (for example, contracted service
providers). In some cases, there is a more restricted mandate, for example with particular sectors of
society. More recent developments have included the creation of specialized children's ombudsmen.
In some countries, an inspector general, citizen advocate or other official may have duties similar to
those of a national ombudsman and may also be appointed by a legislature. Below the national
level, an ombudsman may be appointed by a state, local, or municipal government. Unofficial
ombudsmen may be appointed by, or even work for, a corporation such as a utility supplier,
newspaper, NGO, or professional regulatory body.

India[edit]
The Government of India has designated several ombudsmen (sometimes called Chief Vigilance
Officer (CVO)) for the redress of grievances and complaints from individuals in the banking,
insurance and other sectors being serviced by both private and public bodies and
corporations.[78] The CVC (Central Vigilance Commission) was set up on the recommendation of the
Santhanam Committee (1962–64).
Lokpal[edit]
Main article: Lokpal
In India, the Ombudsman is known as the Lokpal or Lokayukta. An Administrative Reforms
Commission (ARC) was set up on 5 January 1966 under the Chairmanship of Shri Morarji Desai. It
recommended a two-tier machinery: Lokpal at the Centre (parliamentary commissioner, as in New
Zealand) and one Lokayukta each at the State level for redress of people's grievances. However, the
jurisdiction of the Lokpal did not extend to the judiciary (as in case of New Zealand). The central
Government introduced the first Lokpal Bill, Lokpal and Lokayuktas Bill in 1968, and further
legislation was introduced in 2005. Final bill, after all the amendments, has been passed in Rajya
Sabha on 17 December 2013 and passed in Loksabha on 18 December 2013.[79]
Lokayukta
Main article: Lokayukta
The state-level Lokayukta institution has developed gradually. Orissa was the first state to present a
bill on establishment of Lokayukta in 1970, but Maharashtra was the first to establish the institution,
in 1972. Other states followed: Bihar (1974), Uttar Pradesh (1977), Madhya Pradesh (1981), Andhra
Pradesh (1983), Himachal
Pradesh (1983), Karnataka (1984), Assam (1986), Gujarat (1988), Delhi (1995), Punjab (1996), Kera
la (1998), Chhattishgarh (2002), Uttaranchal (2002), West Bengal (2003) and Haryana (2004). The
structure of the Lokayukta is not uniform across all the states. Some states
have UpaLokayukta under the Lokayukta and in some states, the Lokayukta does not have suo
moto powers of instigating an enquiry.
Kerala State has an Ombudsman for Local Self Government institutions like Panchayats,
Municipalities and Corporations.[80] The ombudsman can enquire/investigate into allegations of
action, inaction, corruption and maladministration. A retired Judge of the High Court is appointed by
the Governor for a term of three years, under the Kerala Panchayat Raj Act.
In the State of Rajasthan, the Lokayukta institution was established in 1973 after the Rajasthan
Lokayukta and Up-Lokayuktas Act, 1973 was passed by the State Legislature.
Non-banking financial companies
The Reserve Bank of India launched an "Ombudsman Scheme" for redress of complaints
against non-banking financial companies (NBFCs) free of charge.[81]
This scheme is applicable to only those NBFCs which:

• Have assets of more than ₹1,000,000,000; AND/OR

• Accept deposits.
The complainant can file the complaint with the NBFC Ombudsman under whose jurisdiction the
branch or registered office of the NBFC falls in the following cases:

• If the NBFC does not reply within a period of one month after receipt of the complaint;
• If the complainant is not satisfied with the reply given by the NBFC;
• If the NBFC rejects, or does not acknowledge the complaint.
Anti-corruption movements[edit]
See also: 2011 Indian anti-corruption movement and 2012 Indian anti-corruption movement
The 2011 Indian anti-corruption movement led by social activist Anna Hazare and Arvind
Kejriwal includes in its demands the creation of a stronger ombudsman agency (with jurisdiction over
all state institutions) through the enactment of a Jan Lokpal Bill, as an alternative to the Lokpal Bill
proposed by the government in 2010.

(b) Press council

1. The objective of Press Council of India is to preserve the freedom of the press and of
maintaining and improving the standards of the press in India
2. It acts as the regulator that defines and discharge professional standards for the print media
in India.
3. It is considered as the most important body that sustains democracy and to ensure that
freedom of speech is protected.
4. It arbitrates the complaints against and by the press for violation of ethics and for violation of
the freedom of the press respectively.

Press Council of India (PCI) – Composition

1. PCI has a Chairman
2. Apart from the Chairman there will be 28 members.

The Composition of 28 Members in PCI are listed below.

1. 2 Rajya Sabha Members

2. 3 Lok Sabha Members
3. 7 Working Journalists (other than editors of newspapers)
4. 6 Editors of Newspapers
5. 3 people with specialized knowledge on public life
6. 1 person who manages news agencies
7. 6 persons in the business of managing newspapers.

Press Council of India (PCI) – Functions

 1. Making sure that newspapers are able to maintain their independence.
2. Maintain high standards of news for public consumption.
3. Keep a track on the developments that might obstruct the flow of information or news freely.
4. Build a code of conduct for the journalists for high professional standards.
5. Build a code of conduct for news agencies to maintain high professional standards.
6. Provide training to new journalists.
7. It works to promote technical and other research areas related to news.

Press Council of India (PCI) – Powers

1. An editor or journalist can complain to the Press Council of India (PCI) about the professional
misconduct or violation of journalistic ethics by an editor or journalist.
2. PCI is responsible for enquiring about the complaints it receives.
3. It can summon witnesses, demand copies of public records.
4. PCI can issue warnings, criticize the guilty, it could be journalist, newspaper, newspaper
agency or editor.
5. Decisions taken by the Press Council of India is final and it cannot be appealed before a
court of law.

Press Council of India – Limitations of its Powers

There are 2 main factors that restrict the powers of the Press Council of India which are given below.

1. It only has the power to enforce standards on the print media and has no powers to enforce
standards on the Electronic media. Radio, television, internet comes under electronic media.
Journals, magazines, newspapers etc come under the category of print media.
2. While enforcing the issued guidelines, it has very limited powers. It cannot penalize anyone
for violation of the guidelines.