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198 results found for "Article 15(4)"

  • 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.

  • 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

  • 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

  • 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.

  • 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

  • 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.

  • President Can Do Wrong? A Critical Analysis of Presidential Immunity

    , a law student at Hidayatullah National Law University, Raipur Supreme Court of India Introduction Article Interpreting Article 361 Clause 1 of Article 361 provides immunity for official acts done by the President The Constituent Assembly Debate  on Article 361, which was Article 302 in the draft Constitution, seems 53 and 154 respectively and because they act on the advice of the Council of Ministers under Articles While Article 361(1) rightly provides immunity for official acts, the problem lies with Article 361(2

  • 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).

  • Revisiting Judicial Interpretation of Socialism in the Wake of Rising Capitalism

    Shri Ranganatha Reddy (1977), this article explores the legal and socio-economic dimensions of wealth The article insists that the idea of socialism, which the legislature built and engraved in our preamble Contrastingly, the bottom 50% controls a measly 6.5% and 15% of the wealth and income, respectively. 30 percent to 22 percent, with newly incorporated companies shelling out a lower tax percentage at 15 14, and even if there were a violation of Article 14, Article 31C would protect the legislation, given

  • Shreya Singhal v. Union of India: A Critical Analysis [Part-II]

    Doctrine of Reasonable Restriction Article 19 (2) refers to “reasonable restriction” over the exercise Supreme Court has held that freedom of speech and expression is subject to reasonable restriction under Article Union of India, [iv] it was held that freedom of speech and expression guaranteed under Article 19 ( Nevertheless, the Court has struck it down on being violative of Article 19 (1) (a). Gaurav Ashwin Jain, (2007) 4 SCC 737. [vii] Virendra v. State of Punjab, 1958 SCR 308.

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