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178 results found for "Article 15(4)"

  • 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

  • “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.

  • 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.

  • 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).

  • 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

  • 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.

  • Forgetting Audi Alteram Partem: The Failures of the Places of Worship Act

    The issue being discussed in this article is not only pertinent to the Ram Janmabhoomi judgement or the The article also discusses more holistic alternatives to the Act that would maintain religious harmony 21 and that an inability to access the Courts violates Article 14 of the Constitution .   Even in India, in the case of In Re: Article 370 of the Constitution , Justice S.K. In Re Article 370 gave due consideration to the art of “ubuntu”  or humanity to others that should be

  • Revisiting Morality v. Legality in Light of Conflicting Judgements

    The petitioners, while seeking police protection under Article 226 , cited threats from their families Additionally, the Court asserted that the rights to life and personal liberty under Article 21  of the The charges included Section 366A  of the IPC and Sections 4 and 6 of the POCSO Act , pertaining to penetrative

  • The Verdict Is In: Decoding The Arvind Kejriwal's Bail Case Controversy

    The Indian Constitution's Article 21 guarantees of life and personal liberty are inextricably related Article 21 provides that "no person shall be deprived of his life or personal liberty except according This decision emphasises how the Indian Constitution's Article 21, which protects the right to life and Violation of Article 14: The ED has put forth a strong argument against granting interim bail based on the right to campaign, citing concerns about equality before the law as guaranteed by Article 14 of

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