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198 results found for "Article 15(4)"

  • 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 that makes the situation complicated, as it states Its provisions conflict with Articles 14, 25, and 26, and reflect outdated legal thinking that no longer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.

  • The Third Gender: Protection or Discrimination? A Critique of Transgender Rights Act, 2019

    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

  • Navigating the Legal Landscape: The Doctrine of Legitimate Expectation

    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

  • Navigating the Economic and Constitutional Implications of Local Job Reservations

    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.

  • Shreya Singhal v. Union of India: A Critical Analysis

    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).

  • Pocket Vetoes and Federal Friction: Judicial Review of Gubernatorial Inaction

    This friction is mainly from the use, or rather the non-use, of the Governor’s powers, which Article The Constitutional Design and the Silence of Article 200 Article 200 sets out the process which is to The first addendum to the Article also introduces an element of urgency, stating that the Governor may The weaponisation of the intended timeline under Article 200 is a means for the Union to intervene in problem in applying the same principle to Article 200.

  • Cash For Vote: Decoding The Contours of Parliamentary Privileges In Light of Sita Soren Judgment

    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

  • Implementation of a Uniform Civil Code: Boon or a Bane?

    Devangi Chandak, a 3rd-year Law Student at the School of Law, Christ University, Bengaluru Introduction Article while technically such violations are taken into cognizance by the High Courts and Supreme Court under Articles non-interventionist’approach and concluded that personal laws do not qualify as ‘laws in force’ under Article Although customs were covered under the ambit of Article 13(3)(b), there is no logical rationale behind Conflict with Article 25 One of the prima facie issues that arise over the implementation of the UCC

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

    Article 334A has been introduced to specify that the seats reserved through amendment in the articles first census and by virtue of this provision will cease to have effect on the expiration of a period of 15 Post-census and Delimitation: As per the amendment in article 334A, the delimitation in Lok Sabha is The amendment substituted “2000” in articles 55, 81, 82, 170, 330, 332 with “2026”. Hence, the focus needs to shift from scrutiny to correct implementation of the Act for the first 15 years

  • Right To Recall Elected Representatives in India: A Utopia

    Articles 102, 173, 243V etc., of the Constitution specify the grounds on which an elected representative There is no specific mention of no confidence motion in the Indian Constitution, though Article 75 of

  • Analysing the Nature of Private Property: Dissecting the Property Owners Association v. State of Maharashtra Judgement

    19(1)(f)  to a constitutional right under Article 300A . Article 39  clauses (b) and (c) are protected under Article 31C, which states: “ 31C . The legal principle establishes that laws conflicting with Articles 14 and 19 are protected under Article The appellant contested this presumption, contending that the judicial annulment of Section 4 of the has to comply with conditions precedent in Article 300A.

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