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169 results found for "Article 15(4)"

  • Legal Validity of Live-in Relationship

    The Philippines also provide a provision in their family court in Article 147 of the Family Court that Allahabad high court has held such a relationship legal but immoral in the eyes of society.[4] Another Article 21 is one of them. Article 21 gives Protection of life and personal liberty it states that “No person shall be deprived State[15], it was observed by the court that a live-in relationship is a walk-in and walk out the type

  • NRC: A Matter of HUMANITY, EQUALITY and SECLUSION

    The constitution of India guarantees to its citizens the right to equality under article 14 and prevents The directive principles of state policy clearly stated in article 39 that the state shall provide the The fundamental right under Article 15(3) clearly states that the state shall not be prevented from making Article 350(B) especially mandates that the president shall appoint a special officer to investigate References [1]https://scroll.in/article/889005/road-to-citizens-register-a-timeline-showing-the-milestones-in-assams-history-from

  • The Call Recording Applications: A Blatant Breach of Privacy

    This article thus examines the tussle of call recording applications and the privacy of those whose call Certain articles in Part III of the Constitution, such as article 17, which prohibits untouchability Union of India, the Court went into the ambit of article 15(2) insofar it prohibits private discrimination Privacy is an intrinsic component of the right to life and personal liberty as has been guaranteed under Article

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

    Mountbatten swearing in Jawaharlal Nehru as the first Prime Minister of independent India on August 15 This continuity was legitimised in the shape of Article 123 of the Constitution , which empowered the Though framed as an emergency provision, Article 123 lacked strong safeguards and effectively replicated Similarly, the Armed Forces (Special Powers) Act  (“AFSPA”) under Section 4(c)   allows the military

  • Moral Legitimacy and the Constitutional Courts

    judgment in the present showcases the different pictures which will be dealt with at length in the present article In this article, the author is limited to assessing the judgment only based on Moral Legitimacy. Notably, the court sees merit in this proposal, aligning it with the rights guaranteed under Article 21 of the Constitution - the right to life and personal liberty.[4] The court when posed with the question University Press, 2010) 189. [2] Id, pg -190. [3]2023 SCCOnline SC 1348, para 145 (CJI D Y Chandrachud). [4]

  • Transformative Constitutionalism

    The author has secured 10th Rank in the Article Writing Competition  organised by The Society For Constitutional This article discusses various case laws that become easier to decide with the help of the concept of privacy verdict, this case holds that the right to privacy is protected as a fundamental right under articles section 377 was decriminalised, which was about the same-sex relationship between adults in violation of articles The court also ruled the term sex under Article 15, which includes sexual orientation.

  • Homosexuality in India: Born Different

    This article covers the landmark judgments which helped to educate society about the concept of homosexuality This article throws light on section 377 of the Indian Penal Code which refers to the penalizing of all that it violated the fundamental right of life and liberty and the right to equality as mentioned in articles It was also violating article 15(1) of the Indian Constitution which stated that no one can be discriminated Also, the Naz Foundation claimed that the fundamental rights under article 19 were being violated as

  • State Control over Education: An Emerging Need for India

    This article analyses the discrepancies caused to education due to centralised control over education The article concludes by providing some suggestions and advantages of state control over education to the Swaran Singh Committee advocated putting education on the concurrent list under Schedule VII  of Article of states on education spending (85%) is more than 5 times the contribution of central government (15%

  • A Perusal of Absoluteness of the Freedom of Press: The Arnab Goswami case

    that guarantees the freedom of speech and expression complemented with reasonable restrictions says Article Article 19 (1) (a) guarantees the freedom of speech and expression but the rights guaranteed are not [ii] The right enshrined under the aforesaid article carries with it the right to publish and impart But the right is not unfettered as it is subjected to reasonable restrictions mentioned under Article The apex court opined that the right of a journalist under the Article 19 (1) (a), the freedom of the

  • Rebuilding Nations: A Comparative Study Of Constitutional Design In Post-Conflict Societies

    Rebuilding Nations: A Comparative Study Of Constitutional Design In Post-Conflict Societies Abstract This article Interestingly, the article also outlines constitutional key features of constitutionalism, such as the

  • Delayed JUSTICE and the Sabarimala JUDGMENT

    Rule 3(b) of the Kerala Hindu Places of Public Worship (Authorization of Entry) Rules, 1965[4][5], used s right to profess and propagate any religion of their choice, guaranteed to every individual under Article On September 28, 2018, in a 4:1 majority judgment, the Supreme Court bench ruled in favor of the petitioners [1]Rahul, freedom Religion and Sabrimala Judgement,http://www.legalserviceindia.com/legal/article-418 entitled to freedom of conscience and the right freely to profess, practice and propagate religion [4]

  • Independence of Judiciary vis-a`-vis Freedom of Speech: Evaluating the Role of Media

    It was well seen in the sensational Arushi Talwar’s case[4] where the media went deranged speculating sexual exploitation of blind girls in school was filed before the Supreme Court on the basis of an article This article was first published in the E-Magazine “Let me Speak" of TSCLD. State Of Florida, 328 U.S. 331 (1946) [3] (1996) 6 SCC 466 [4] 2011 (4) ALJ 682 [5] Jethmalani, Ram, Mahesh & Biswajit Bhattacharya eds ,Gyan Publishing House 1999) [6] (2004) 4 SCC 158 [7] J.

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