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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.

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

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.

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

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

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

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.

the Wednesbury Corp to run a cinema hall subject to the condition that no children below the age of 15 Article 22 of the Indian constitution is somewhat in line with this expectation. is not a new concept in Indian laws and is considered an essential subset of Article 14 (Equality before denial of legitimate expectation is possible only when there is a breach of the fundamental right of Article The SC has ruled that the decision of the government is a breach of Article 14, and the petitioners have

Sections 4 and 5 make self-identification subject to certification by the State. 19 and Article 21. Sections 4-6 of the Act make identity a conditional subsidiary to the identification process. 15 and 16 of the constitution. provisions for the right to healthcare for transgender persons apart from the insurance scheme in Section 15

Although Article 16 is restricted to matters of public employment, reservation in the private sector It also curtails the right of the industries to carry on the business freely as guaranteed by Article Article 19(1)(d) ensures the right of every citizen to move freely throughout the territory of India. It also directly affects other freedoms enshrined in Article 19(1)(d) and Article 19(1)(e)  which guarantees Article 7   protects individuals from any form of discrimination.

The judgment of the Hon’ble Court has added another dimension to Article 19. Act, 2000 is violative of Article 19 (1) (a) of the Constitution. That causing annoyance, inconvenience etc., are outside the scope of Article 19(2). under Article 19(2). However, the question to be determined was whether section 66A is protected by Article 19 (2).

In India, Articles 105 and 194 of the Constitution deal with the powers, privileges and immunities of Article 105(1) guarantees freedom of speech in the Parliament. Freedom of speech under Article 105(2) is not subject to limitations imposed by Article 19(2) but is only subject to Article 121 and rules governing the procedure of parliament. Article 105 (4) extends the afore-said privileges to those who have a right to speak and take part in