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169 results found for "Article 15(4)"

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

    delimitation exercise and the complete bar on judicial review of such exercise due to restrictions by Article Therefore, this article attempts to: Firstly,  uncover the intent behind Art. 329 in light of the historical Framing Article 329: Purpose and History Article 329 stands as the clearest example of an ouster clause For instance, if Article 329(a) were to be used to legitimise delimitation exercises that dilute minority This case highlights the hurdle created by Article 329 and the practical need to ensure free and fair

  • Article 12 of the Constitution of India: Brief Analysis of Its Constitutional Jurisprudence

    Hence, Article 12 was incorporated defining the term “State” per se as the very first Article of Part The term “state” now defined in Article 12 of the Constitution of India was introduced as Article 7 in One is in Article 1 and the other is in Article 7. having quasi-governmental powers and authorized to administer a revenue-producing public enterprise[4] [4] The Concept Of State Action Under Article 12 Of The Indian Constitution, 95, https://shodhganga.inflibnet.ac.in

  • Article Writing Competition: The Society For Constitutional Law Discussion (Deadline Extended)

    Articles beyond the word limit will be disqualified. The Plagiarism should not be more than 15%. Any piece exceeding the limit will be rejected. The new deadline for the article submissions is now December 7, 2023. Declaration of Result The tentative date of declaration of results is December 15, 2023. Ishita Chandra, Event Coordinator E: articles@tscld.com Download

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

    anti-begging legislation in India, bringing to the fore its contradictions with basic rights under Articles This article calls for a move away from punitive attempts towards integrated social welfare and rehabilitation This article will critically examine India's anti-begging laws and analyse judicial orders in light of The outright prohibition of begging violates Articles 14 and 15 , as it discriminates against the poor Article 4  of the Universal Declaration of Human Rights states that a humane legal system must treat

  • Reproductive Rights Under Indian Constitution

    14 and 15 ) and the right to life ( Article 21 ) which, through judicial interpretations, is understood Further, under Article 51(c) of the Constitution of India, the state is bound to respect the treaty Reproductive Rights under Article 21 Albeit India being one of the first countries to legislate legal The court observed these policies to be violative of women’s fundamental right to life under Article abuse; thereby observing that child marriage violates the fundamental right to live life with dignity. 4.

  • The Prohibition of Child Marriage (Amendment) Bill, 2021: Raising the Bar or Raising the Barriers?

    Representational Image Abstract This article critically examines the Prohibition of Child Marriage (Amendment This article discusses,  first , a lack of   implementational clarity and enforcement measures in the An estimated 14 million adolescents between 15 and 19 give birth each year. Girls under 15 are five times more likely to die during pregnancy and childbirth than women in . ” Further 14 , 15 , 19  and 21 .

  • Scope and Ambit of Article 31C of the Indian Constitution

    Rights in Article 14, 19. The first part of Article 31C is similar to Article 31A insofar as it gives protection to a law from challenge under Article 14, 19, - namely, a law giving effect to the Directive Principles in Article 14, Article 19 or Article 31. The first part of Article 31C being valid, if a law fulfills the requirement of Article 31C it would

  • Revisiting the 10th Schedule: The Necessity to Reform India's Anti-Defection Law

    However, the constitutional flaw lies in the way the provisions of para 4   have been enacted. Para 4(1) asserts that a house member will not be disqualified if their original political party merges The provision in para 4 of the Tenth Schedule, enabling this split instead of providing a remedy, has To avoid this systemic fiasco, para 4 of the Tenth Schedule should be repealed to eliminate at least Notably, Bangladesh entrusts its Election Commission with defection matters under Article 66(4)  of its

  • Bodily Autonomy in Adoption and Surrogacy

    Right to Bodily Autonomy-Intl In the International scenario, Article 3, Article 5 and Article 12 of the These articles focus on the following aspects: In McFall v. Both these stem from Article 21 of the Constitution, which deals with fundamental right to protection of right and personal liberty as well as with Article 14 (Right to Equality), Article 15 (which prohibits International Principles and Articles Universal Declaration of Human Rights (UDHR): Article 3 of the

  • Internet Restrictions in Jammu and Kashmir: Continuing Constitutional Abdication

    The state’s directive to enforce an internet blackout fails at least 3 of the 4 parameters of the 4-pronged He also noted that Article 226[12](akin to Article 32) bestows the constitutional duty upon the High This, barring suspension vide Article 32(4)[13], calls for the duty of the Supreme Court to enforce the The duty under Article 32 is part of the basic structure[15], which means the remedial nature of Article /opinion/columns/abdication-not-deferral-jammu-kashmir-communication-lockdown-6218567/ [15]Fertilizer

  • Pending Bail Applications Violating Fundamental Right under Article 21

    Protection of Life and Personal Liberty Under Article 21 of the Indian Constitution, the ‘right to life The term life and personal liberty under Article 21 has been given very wide ambit after the landmark Justice V.R Krishna Iyer has ascribed Article 21 as “procedural Magna Carta ensuring life and liberty How Denial of Bail Affects Fundamental Right under Article 21? The term ‘personal liberty’ in Article-21 has very wide horizon and it has various aspects.

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

    Directive Principles of State Policy Article 38 mandates the state to minimise inequalities in income Article 38 also directs the state to establish a just social order in which all national institutions DPSPs , such as  Article 46  (uplifting Scheduled Castes, Scheduled Tribes, and other weaker sections Religious and personal liberty (Articles 25-30) Protection of Minorities and Dalit Rights Articles 25 30 or protection of cultural, linguistic, and religious communities (Articles 29 and 26). 

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