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169 results found for "Article 15(4)"

  • Revisiting National Medical Council Guidelines: Ensuring Equality and Reasonable Accommodation in Medical Admissions for Persons with Disabilities

    According to Article 4  of the Convention, the state parties must ensure reasonable accommodations. 14  and 15  of the Constitution. Violation of Articles 14 and 15 of the Constitution Article 14 of the constitution states that the state 15. Hence, the guidelines infringe on the right conferred upon as per Article 15.          

  • Kunal Kamra v. Union of India: On Deciding Whose Perspective To Push?

    Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 violated Articles The articles explore the rationale of the judgement and analyse the future prospects of litigation involving Justice Patel affirmed the government notice ultra vires, deeming it violative of Article 14 , 19 and It was further argued that such disparities violate the right to practise any profession under  Article Should restrictions on speech, including the removal of fake news, be strictly grounded in Article 19

  • Reforming the Speaker’s Office: Ensuring Impartiality in Defection Disqualifications

    unbiased ever more pertinent — and this is precisely the question I attempt to address in the present article The article is divided into two parts: In the first part, I examine various proposals given by courts disputes to the President or Governor, acting on the advice of the Election Commission of India (ECI) in Articles There have been recommendations that akin to the power to decide on other disqualifications outlined in Articles

  • Electoral Bonds: Depicting the Real Picture in Case of India

    ostracization or denials of licenses or permissions merely on the basis of said political preference[4] bonds held the potential to violate the Fundamental Right to Information, of citizens, as under the Article Verfassung Und Recht in Übersee / Law and Politics in Africa, Asia and Latin America, 53(4), 358–410.

  • Responsible Journalism during the Pandemic in India

    crisis such as the prevailing Pandemic of COVID-19, which has claimed several casualties in the last 4 Press, on a few instances did deviate from its duty of Responsible Journalism during the span of the 4 Lockdowns, which the Authors seek to divulge the readers through the medium of this Article.

  • Restitution of Conjugal Rights and Its Constitutional Validity

    Abstract This article would be handling legal rights, how women are forced to possess non-consensual any profession under Article 19(1)(g). If sexual intercourse occurs between a woman and her husband, and his wife is over the age of 15, an This is a violation of Article 19 of the Indian Constitution. In Huhhram v. Violation of Article 19(1)(e) and Article 19(1)(g) The decree of restitution of conjugal rights violates

  • Fundamental Rights in Cyberspace: Exploring Freedom of Speech in the Digital Era

    the right to freedom of speech as a fundamental right, extending it to all citizens of India under Article Article 19(2) provides the parameters for the same, which include, “sovereignty and integrity of India Article 19(1)(a) and the Right to Lie in the Digital Sphere? 19(2) must, therefore, fall foul of Article 19(1)(a).” These judgments elaborate upon the extent of Freedom granted under Article 19(1)(a).

  • “No Individual Is Left Behind”: Analysing Amar Jain Judgement

    It stated that, though Articles 15 and 16 do not specifically mention physical or mental impairment or Eskridge and John Ferejohn in their article ‘Super Statutes’ ,  where they elaborated that some statutes By referring to the RPwD Act 2016 as a ‘Super Statute’, as explained in the article, the Court emphasised The statute, though, was passed under Article 253, and to fulfil India’s international obligation, it 15 and its emphasis upon the state’s obligation to provide reservation to the PwD.

  • Revisiting The Broadcasting Services (Regulation) Bill, 2024: A Step Towards Order Or Censorship?

    However, this right is not absolute and is subjected to reasonable restrictions under Article 19(2) . It is nowhere mentioned in the Constitution of India but was formally recognised under Article 19 in The case demonstrates that the scope of Article 19  is not restricted to literal interpretations. The evolved jurisprudence on Article 19 highlights the crucial role of an independent media in amplifying The Puttaswamy   judgment, which recognised privacy as an inherent part of Article 21 ,  emphasises the

  • The Constitutionality of Citizenship Amendment Act

    authority regarding citizenship underscores Parliament’s competency to amend citizenship laws under Article Ambedkar: Now, Sir, this article refers to citizenship not in any general sense but to citizenship on The article reads— “Nothing in the foregoing provisions of this Part shall derogate from the power of Apart from Article 11 of the present constitution, Article 245 read with entry no. 17 in the Union List 15 a redundant article which has given protection only to its citizens and not to non-citizens.

  • Right To Marry: A Fundamental Right

    Article 21 of The Constitution of India Article 21 of the constitution guarantees its citizens the right "An intrinsic part of Article 21 of the Constitution would be the freedom of choice in marriage,". According to this article, the right to marry is a part of the right to life. It not only violates Articles 14 or 15 but also 21 .  In the case of Supriyo Chakraborty v. where the court stated that there is no fundamental right to marry, but some aspects are located in Article

  • Kunal Kamra v. Union of India: Challenging the Constitutional Validity of the 2023 IT Rules Amendment

    Article 14: Infringement of the Right to Equality Before the Law Article 14 guarantees the right to equality Article 19(1)(a): Infringement of Right to Freedom of Speech and Expression The right to share ideas No Legitimate Goal: Article 19(1)(a) guarantees free speech and expression, but Article 19(2) allows Article 19(1)(g): Infringement of the Right to Practice Any Profession, or to Carry on any Occupation 19(1)(g) and the social control allowed by Article 19(6).

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