Search Results
178 results found for "Article 15(4)"
- 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
- Citizenship Amendment Act, 2019: Challenging the Constitutional Validity
Legal Analysis of the Citizenship Amendment Act Article 14 The reasonable classification test under Article Article 15 of the COI prohibits discrimination on the grounds of religion, race, caste, etc. and if Article 21 Article 21 of the COI provides that no person shall be deprived of his life or personal liberty and non-discrimination provided under Article 14 and 15 of the COI respectively, among other things Liberty under Article 21 among others.
- The 130th Constitutional Amendment Bill: Reform or Retreat for Indian Democracy
The 130 th Amendment Bill proposes to amend Articles 75 ( for Union Ministers), 164 (for State Ministers Senthil Balaji was removed from office by the Governor after his arrest and 15-month incarceration on Union of India (2013 ) struck down Section 8(4) of the Representation of the People Act, 1951, which antecedents of an electoral candidate, underscoring the Election Commission's accountability under Article Union of India (2003) upheld voters’ fundamental right under Article 19(1)(a) of the Constitution to
- 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).
- Gender Neutrality in Domestic Violence Laws of India: The Neglected Male Side
student at Maharashtra National Law University, Aurangabad Introduction The Indian Constitution, under Article person, regardless of gender, the fundamental right of protection to life and personal liberty , under Article Union of India held that “the right to life and personal liberty under Article 21 is not limited to Further, Article 15(1) prohibits any form of discrimination against any citizen based on religion, race Although the State, under Article 15(3) can make any special provision for the advancement of any socially
- 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.
- Development of Citizenship Law: Through the Lens of Partition
Refugee-Returnee Distinction Article 6 and Article 7 are special provisions created specifically to deal Therefore, Article 6 saw no opposition and is very straightforward. On the contrary, Article 7 witnessed rounds of debates around its substance. This led to the framing of Article 7 as an exception to Article 6: a person who had migrated to Pakistan After the Citizenship Act came into force, the conundrum around Article 7 got more complex.
- Navigating Maintainability of Writ Petitions in Contractual Breaches
Certiorari, Quo-Warranto, and Prohibition are enforceable only against the “State” as envisaged under Article 12 is burdened with an obligation to act fairly in an unarbitrary manner as mandated by Article 14 and 226 or Article 32 cannot be invoked unless a non-statutory contract has a public law issue attached Instead of confining the applicability of Article 14 to contract initiation stages, Joshi Technologies Though no questions as to the maintainability of the Writ Petition under Article 226 were raised, the
- The Language of Oppression: A Human Rights Crisis Where Speaking Bengali Can Cost You Your Freedom
Article 14 prohibits the state from discriminating against any individual, and any state action must The above exercise is violative of Article 21 because detaining Bengali-speaking migrant workers and Furthermore, as per Article 1 r/w Article 6 of the ICCPR , every human being has an inherent right to The state has undermined these articles while carrying out the above executive exercise based on the Article 9 of the UDHR restricts arbitrary detention, and Article 14 of the UDHR provides for the right
- Realism Practiced in the Indian Supreme Court: A Critique
now to interpret or, in other words, it is nothing but a prophecy of what the courts will do in fact[4] Court of India held to the same effect as of England, in its advisory opinion in In re Delhi Laws Act[15 15(4) and Article 16(4) of the Constitution.[17] It can be said that provisions of the constitution quoted in Abraham, The Judicial Process 326 (2nd ed. 1968) [3] Cardozo, The Growth of Law 52 (1954) [4] Strong, Modern Political Constitutions 260 (3rd ed. 1952) [15]In Re the Delhi Laws Act, 1912 vs The Part
- Who Controls the Mahabodhi Temple and Who Should Control it? A Critical Analysis of the Bodh Gaya Temple Act, 1949
14 but also of Articles 25 and 26 . According to Articles 25(1), 26 (b) and 26 (d), all persons have the freedom to freely profess, propagate argument against inclusion of non-Buddhist members, by drawing inspirations from Explanation II of Article It is the vagueness of Section 4(1) of the same Act that makes the situation complicated, as it states Its provisions conflict with Articles 14, 25, and 26, and reflect outdated legal thinking that no longer
- Unravelling The Complex Layers of Marriage Equality For Homosexuals
This article aims to discuss the pervasive violation of the rights of homosexual people, focusing on As an illustration, the requirements for marriage solemnization in Section 4 of the Act specify that 15(1) and thus unjust, unreasonable, and manifestly arbitrary. Violative of Article 19 Further, Article 19(1)(a) of the Constitution of India guarantees all citizens Violative of Article 21 In Shafin Jahan v. Asokan K.M.











