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181 results found for "constituion of india"

  • Social Justice vs. Constitutionalism: India’s Democratic Dilemma?

    Social justice in the Indian Constitution is instituted considering India’s unique social realities and In India, affirmative action mainly takes two forms, i.e. diversity initiatives and reservation schemes Abolition of Untouchability Untouchability was abolished in India by virtue of  Article 17 of the Indian in postcolonial societies like India. This is especially true in a nation like India, where the constitutional courts are vested with wide

  • Transformative Constitutionalism

    India, the Supreme Court has recognised the transformative power of the constitution in various judgments In countries like India, the constitution plays a crucial role in addressing inequities, biases, and Whereas in the case of the National Legal Service Authority (NALSA) VS Union of India , the judgment Union of India, section 377 was decriminalised, which was about the same-sex relationship between adults of India

  • Navigating the Constitutional Tightrope: A Case Study on the Constitutionality of Self-Regulatory Bodies in the Indian Media Industry

    As India continues to navigate the evolving media landscape, the constitutionality of self-regulatory Union of India (2006), the Supreme Court emphasized the need for an independent regulatory authority, Union of India (2007) case. As India navigates the evolving media landscape, the constitutionality and effectiveness of self-regulatory In the 2022 World Press Freedom Index, India ranked 150th out of 180 countries, indicating significant

  • The Constitutionality of Citizenship Amendment Act

    Union of India, explained the concept of limitation on plenary power as:- “…The power of amendment is that trans-border migration of population has been happening continuously between the territories of India Millions of citizens of undivided India belonging to various faiths were staying in the said areas of Pakistan and Bangladesh when India was partitioned in 1947. Many such persons have fled to India to seek shelter and continued to stay in India even if their travel

  • Global Constitutionalism Amidst Global Pandemic

    The present COVID crises have offered a new hotspot on the prospects of global constitutionalism. It is of paramount significance that we rethink global constitutionalism, as human health is no longer It's time global constitutionalism is taken into the full deal and the only solution would be sharing which explains why governments should swiftly shift their understanding of international law and global constitutionalism Global constitutionalism is the ultimate quick fix for all global concerns.

  • Same-Sex Marriage in India

    India is a democratic country with a diverse population that works hard to protect the values of justice Historical Evolution of Homosexuality in India Same-sex relationships in India are not a recent phenomenon This was an enormous accomplishment for the LGBTQ population in India. Decided Case on Same-Sex Marriage in India Supriyo Chakraborty v. In conclusion, same-sex marriage is still a complicated and sensitive topic in India.

  • Understanding the Concept of Federalism in India and the Autonomy of A State

    The concept of federalism in the Indian constitution is taken from the constitution of Canada. India cannot be considered as a federal state completely as it has features of both unitary form of government that India is a federal country. central government control over the state government’s powers, emergency proclamations etc showcase that India I will try to think through the notion of the Indian Federation.

  • Whispers of Justice: Decoding India's Remission Policy

    In the case of India, the State derives such power from both the constitutional authority as well as India, along with being a signatory to the ICCPR, has also gone one step ahead and conducted four reviews has not gone unnoticed by the able judicial mechanism of the country as the Hon’ble Supreme Court of India Even in India, separate age categories can have concrete primary eligibility parameters to qualify for is a beacon that shall further lay the foundation for a concrete and transparent remission policy in India

  • EWS Reservation In India: A Blow To Social Justice?

    The Supreme Court of India ultimately established clear guidelines for interpreting the affirmative action clauses in the Indian Constitution with the ruling in the case of Indra Sawhney v. Union of India . Eleven indicators were presented by Justice B. The development of reservation jurisprudence in India particularly in the context of EWS reservations In Union of India v.

  • Shreya Singhal v. Union of India: A Critical Analysis

    Union of India [ii] is a landmark judgment that has reiterated the intent of the constituent assembly The instant case is a writ petition filed under Article 32 of the Constitution of India pleading that Code, 1860, Indian Evidence Act, 1872 and the Code of Criminal Procedure, 1973.” Supreme Court and even discussed the American Jurisprudence to distinguish the notion of liberty in India Union of India, W.P. (Crl.) 167/2012: 2015 SCC Online SC 248.

  • From Criminalisation To Compassion: Rethinking India's Anti-Begging Laws

    National University of Law, Punjab Representational Image Abstract The criminalisation of begging in India This piece critically analyses the anti-begging legislation in India, bringing to the fore its contradictions Union of India, have indicted such legislations, underlining the state's obligation to ensure social This article will critically examine India's anti-begging laws and analyse judicial orders in light of India did not repeal these anti-begging laws after gaining independence.

  • Freedom by Other Means? The Paradox of Postcolonial Power in Dominion India

    Law School Lord Mountbatten swearing in Jawaharlal Nehru as the first Prime Minister of independent India of the midnight hour, when the world sleeps, India will awake to life and freedom . It was argued  by Rohit De that between 1947 and 1950, India was a British Dominion. India was far from dismantling the colonial state, operating under colonial-era laws, institutions and Firstly, Preventive Detention existed in India under the rule of the British since 1818.

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