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189 results found for "constituion of india"

  • Development of Citizenship Law: Through the Lens of Partition

    student at NALSAR University of Law, Hyderabad Citizenship Amendment Act Introduction The partition of India There was no question about their loyalty towards India. of India. In Central Bank of India v. People wanting to return to India were asked by the Indian High Commission in Pakistan to obtain Pakistani

  • The Ongoing Debate: Death Penalty in Modern Justice

    University (NFSU), Delhi Introduction The death penalty has always been a topic of global debate, and India India’s Position: The Impact of the Aparajita Woman and Child Bill, 2024 The proposed death penalty for Although the bill's objective is to deter horrific crimes, it also raises serious questions about India's Although India has always maintained the death penalty for crimes deemed exceptionally serious, this Furthermore, questions have been raised concerning the ability of India’s legal system to administer

  • Constitutional Imperatives: Addressing Marital Rape within Legal Frameworks

    conventions aimed at addressing marital rape, along with the legislative and judicial landscape in India Globally, more than a hundred governments have made marital rape illegal, although India still struggles As a member state, India is prohibited from derogating from any fundamental rights outlined in Article The supreme law of the country is the Constitution of India. In India, Section 375 of the IPC lays down the definition of rape.

  • Is Hijab Ban in Educational Institutions Unconstitutional?

    Augmenting the Freedom of Expression and Religious Choice Article 19 (1) (a) of the Indian Constitution It was held by Radhakrishnan J. in NALSA v Union of India as “No restriction can be placed on one’s personal Puttaswamy v Union of India, where Chandrachud J. stated that the liberty of an individual to decide Union of India & Ors. that “Even if there are differences of opinion in certain areas, people have to dictating the dress code in educational institutions, which could lead to a serious religious divide in India

  • Revisiting Morality v. Legality in Light of Conflicting Judgements

    debate seems to have been laid to rest with the positivist approach emerging as triumphant in the West, India In multicultural India, this has, however, created a flawed system where inconsistencies with moral and The social and moral fabric of traditional India has viewed such relations as moral in multiple instances principles and moral authority leads to the question of what normative validity is in 21st-century India As India attempts to reach the jurisprudential ideal, the balance between law and morality must be trodden

  • The Verdict Is In: Decoding The Arvind Kejriwal's Bail Case Controversy

    Some provisions in Indian criminal law operate on this concept, even if they are not expressly stated right to personal liberty given to an arrested person, flowing out of Article 21 of the Constitution of India right to personal liberty given to an arrested person, flowing out of Article 21 of the Constitution of India Union of India, have ruled that the ability to be released on bond is a basic right. For instance, the Supreme Court of India granted temporary release to Arvind Kejriwal during the Lok

  • Women’s Representation in Parliament: Analysing the 106th Amendment Act’s Role

    Ram Manohar Lohiya National Law University, Lucknow Parliament of India Introduction Nari Shakti Vandan and strengthen their political status, under women-centric development, India has passed the Constitution India adopted Universal suffrage along with the Constitution on 26th January 1950. It embarks on a new journey for Indian women in Indian politics.  Indian society is fragmented into varied groups with different historical backgrounds. 

  • Is the Constituent Assembly Still Supreme? Revisiting the Bar of Article 329

    Atharv Sharma, a 2nd-year law student at Hidayatullah National Law University, Raipur Supreme Court of India in the constitution, especially in contemporary times with delimitation exercises at the doorstep of Indian Union of India , wherein the Supreme Court adopted a transformative view, admonishing a complete hands-off This approach is not unique to India and can be derived from the well-celebrated “living tree” doctrine Indian constitutional jurisprudence has followed a similar path, permitting the text to evolve to safeguard

  • Internet Restrictions in Jammu and Kashmir: Continuing Constitutional Abdication

    Union of India.[1] Although the Apex Court acknowledged that expressing opinions through the internet Union of India (FMP). Union of India, (2020) 3 SCC 637 [2]The Constitution of India, 1950, Art. 19(1)(a) [3]Foundation for from-login=70205 [12]The Constitution of India, 1950, Art. 226 [13]The Constitution of India, 1950, Art Union Of India AIR 1981 SC 344 [16]Government of NCT of Delhi v Union of India (2018) 8 SCC 501 [17]Kalpana

  • Bodily Autonomy in Adoption and Surrogacy

    The judgment of Shabnam Hashmi vs Union of India provided adoption as a  Fundamental Right. Key Laws Governing Adoption in India Introduction to Surrogacy Surrogacy is a contractual reproductive Domestic Laws on Surrogacy The key enactment in India that focuses on the aspect of surrogacy is “The Key Case Laws on The Aspect of Surrogacy In India Baby Manjhi Yamada vs Union of India In this instance Ikufumi Yamada and his wife, travelled to India for surrogacy purposes.

  • Balancing the Bench: A Case for Women Reservations in Higher Judiciary

    year law student at Rajiv Gandhi National University of Law, Punjab Background The Supreme Court of India The statistics of both courts, raise grave concerns about the diversity and inclusivity of the Indian Women’s Inclusion In a nation where marital rape is still constitutionally sanctioned; it is in this The Indian higher judiciary, which essentially serves as the gatekeeper for upholding the principles

  • A Framework for Representative Democracy

    NALSAR University of Law, Hyderabad The Supreme Court in Association for Democratic Reforms v Union of India They are issued by any authorized branch of the State Bank of India and can be used to make donations The scheme thus raised twin considerations for the Electoral System of India – (I) Transparency in Political Union of India, which were given in the context of the exercise of executive privilege under Section Association of Democratic Reforms (hereinafter referred to as 'ADR' Case) and PUCL v Union of India (

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