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178 results found for "Article 15(4)"

  • Exploring The Intricacies of Euthanasia: A Comprehensive Constitutional and Judicial Review

    Article 21 of The Indian Constitution with a Broader Application Every person is born with some basic Article 21 of the Indian Constitution, made way back in 1950, is all about giving people the freedom Canada [2016] SCC 4 (CanLll) case, the Supreme Court of Canada struck down the prohibition against physician-assisted Union of India [2011] 4 SCC 454 (SC) case, and Common Cause a registered society v. Union of India [2011] 4 SCC 454 (SC) recognised passive euthanasia without specific legislation, providing

  • Scandalizing the Court

    Ram Manohar Lohia National Law University, Lucknow Article 129 and Article 215 of the Indian Constitution In this article, we will delve into the meaning of scandalising the court and how our judiciary has dealt cases like in Meghalaya where the State High Court held the Shillong Times Editor for contempt when an article ble Supreme Court has held that contempt power of court is within the reasonable restriction given in Article

  • Rethinking Pramati: Balancing Minority Rights and Inclusive Education

    15(5)  did not violate  Article 21 . While the intermixing and difference in character between the Right to Education Act and Article 30(1 21A and Article 30(1)'s minorities' rights. rights under Article 30, but in finding a framework where both can mutually co-exist. we frame minority rights by way of Article 30, especially given the great promise that Article 21A demonstrates

  • Unveiling the Veil: Assessing Corporate Donor Privacy in Electoral Funding

    In a unanimous decision in Association For Democratic Reforms vs Union Of India, 2024  on February 15 donations by corporations, violating the right to information of voters regarding political funding under Article protects informational privacy which, is needed to safeguard freedom of political affiliation under Article This interpretation is consistent with constitutional intent, as confining Article 19 rights solely The freedom of political affiliation, encompassed within Article 19, is inherently a facet of freedom

  • The Role of Governors in Centre-State Relations: Unraveling the Complex Web of Influence

    Article 153   of the Indian Constitution provides a governor for each state. Article 200   of the Constitution states that when a bill is presented to the governor, she may either Deputy Speaker and Others ,   the Constitution Bench held that under Article 163(1) of the Constitution The Calcutta High Court held that the governor's pleasure under Article 164(1) is subject to 164(2).  Impeachment of the Governor As per Article 156 , the governor shall hold office at the pleasure of the

  • Federalism: Catharsis in Indian Democracy

    Authored by Shweta, a law student at Central University of South Bihar, Gaya The abrogation of Article Article 356 which provides for President Rule in states is the most raped article of the Constitution [x] The Constitution of India, Article 249. [xi] Alice Jacob, “Centre-State Governmental Relations in Indian Federal System” 10 (4) Journal of Indian [xii] The Constitution of India, Article 356 [xiii] AIR 1962 SC 1406.

  • Is Hijab Ban in Educational Institutions Unconstitutional?

    In this article, given the backdrop of events, the author supports the wearing of the hijab in educational Augmenting the Freedom of Expression and Religious Choice Article 19 (1) (a) of the Indian Constitution placed on one’s personal appearance or choice of dressing, subject to the restrictions contained in Article Essential Religious Practices (ERP) is irrelevant to the dispute as the protection is sought under Article 25, and the expulsion violated the tenets of Article 25.

  • Kashmir: 1 year of Unmitigated Torment

    From the time of the de – operationalization of Article 370 which gave Kashmir the right to make its Transgression of Fundamental Rights in the Veil of Safeguards Article 19 After the move, the Government Article 21 The Government has not only violated Article 19 but Article 21as well. Conclusion The government has stated that at the time of Article 370, Kashmir was a “mess”. They exercised the authority given under reasonable restrictions on the liberty of Article 19 and Article

  • Overview on Right to Education and the Constitution of India.

    Under Article 21 A, RTE Act was in effect on 1st April 2020. the freedom of selecting or continuing any professional or business (4) . Simultaneously, Article 45 has been substituted by 86th Amendment of Constitution Act (2002). considering factors for financial and educational interest among weaker segments of individuals (15) After the 68th Amendment of Constitution Act, a new article has been inserted as Article 21A (19) .

  • “Yes Man” Attitude to the Executive: A Question on India’s Electoral Official’s Appointment

    As per   Article 324(2)  of the Constitution of India, the President shall appoint the CEC and the ECs Article 327  of the Constitution of India bestows the power upon Parliament to legislate on matters related executive in the Selection Committee, does not comply with the “procedure established by law” of   Article 21 in coalescence with   Article 19 (Right to Freedom) and   Article 14 (Right to Equality) as underscored 21 read with Article 14 and Article 19 of the Indian Constitution, which renders Section 7(1) of the

  • Ensuring Dignity and Rights : A Comprehensive Analysis of Elderly Rights in India

    In Article 41, the term "public assistance" has been used in relation to instances of illness, old age Article 37 states that any legal authority does not uphold the Directive Principles of the  Constitution The judiciary has broadened the interpretation of Article 21 to encompass the right to a  pollution-free The judiciary has broadened the interpretation of Article 21 to encompass the right to a  pollution-free The rights incorporated into Article 21 are derived from the Directive  Principles of State Policy.

  • Right to Die with Dignity: A Human Right or A Legal Dilemma?

    19 and Article 21 of the Constitution. Union of India, the right to life under Article 21 also encompasses the right to die. Therefore, someone who abets a suicide is simply facilitating the exercise of Article 21. Article 3 of UDHR and Article 6 of ICCPR both guarantee “right to life”. the court rejected the petitioner’s plea to administer passive euthanasia to Aruna Shanbaug. 4.

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