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189 results found for "constituion of india"

  • A Second Look: The Need to Reconsider the Supreme Court’s Verdict on SC Sub-Classification

    National Law Institute University, Bhopal Source: Centre for Financial Accountability Introduction  India History of Sub-Class Reservation in India The debate over sub-class reservation is not new. Union of India & Ors , wherein the court allowed to sub-classify the backward classes and held that based Union of India , classification for a limited purpose was held permissible under Article 14 ; however of AIIMS Delhi at almost every level, which is known as one of the top educational institutions in India

  • Moral Legitimacy and the Constitutional Courts

    3rd year students at DNLU, Jabalpur respectively The Supreme Court in the case of Supriyo v Union of India However, it is at the Parliament’s discretion to accept or reject the concept constitutionally. References [1] Sudhir Krishnaswamy, Democracy and Constitutionalism in India: A Study of the Basic Structure

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

    Supreme Court of India Introduction  Even after the introduction of the word “secular” via the 42nd Amendment the Supreme Court to build a temple in its place, and a spate of petitions before various Courts in India Justice Shah took a conservative view that the Constitution of India was merely a continuation of the Government of India Act, 1935 and other colonial laws; and the Supreme Court was a mere successor of Even in India, in the case of In Re: Article 370 of the Constitution , Justice S.K.

  • The Upheaval of The Electoral Sanctity

    fair and free elections in preserving democracy, emphasising the Election Commission's importance in India response to landmark ruling of the Hon'ble Supreme Court in the matter of Anoop Baranwal vs Union of India For over half a century, the Election Commission has maintained the sanctity of the elections in India directions and regulating the elections vide Article 324 of the Constitution of India. Union of India, the Supreme Court upheld the “majority opinion's superiority” provision, affirming its

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

    Union of India (1983), Mafatlal Industries Ltd vs. Union of India (1996), Sanjeev Coke Manufacturing Company vs. A report by Oxfam India, published in 2023, titled 'Survival of the Richest: The India Story', foregrounded the sordid underbelly of the poor's life in India. Union of India (Cooper) (1970). 

  • Right To Marry: A Fundamental Right

    Hidayatullah National Law University, Raipur Introduction Marriage is a cornerstone of societal structure in India Interpretation With Statues India, as a diverse nation, has a variety of personal laws governing marriage The constitution of India guarantees its citizens the right to freedom of conscience and free profession The Chief Justice of India said that same-sex relationships are not new to Indian culture. Union of India  and Joseph Shine v.

  • Indian Assembly Elections 2022: How Far Responsible For COVID Savage To Nation

    Introduction With the onset of the third wave of COVID all across the globe, India seems to be battling There was COVID violation in poll-bound states in India when ministers were busy holding rallies and Union of India[1]. After containing the initial surge late last year, India's leaders relaxed their guard. Union of India[3] It is of prime importance as was stated in the case of Kirloskar Brothers Ltd. v.

  • Horizontal Reservation for Transgender: A Mirage of Equality

    Union of India (“NALSA judgement”). The Court provided reservation but did not specify how it should be imp indicating towards the duty of portion of the community currently engages in, like begging and sex work, has been criminalized in India In India, Vertical reservation is particularly for the reservation for the underprivileged people belonging In Indira Sawhney v Union of India, (“Indira Sawhney”), Supreme Court provided a 50% cap on reservations

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

    Hotel Association of India held that personal autonomy and self-expression are protected under Article Union of India, gender identity was recognized as one of the most fundamental aspects of life and every It was said that the continued discrimination against the transgender community in India is contrary Union of India, the Hon’ble Court held that the right to privacy is a fundamental right under Art. 14

  • Article 143 and Judicial Precedent: Can the Supreme Court Reconsider Its Own Judgments?

    C K, a 4th-year law student at the Faculty of Law, Jamia Millia Islamia, New Delhi Supreme Court of India Introduction Article 143  of the Constitution of India empowers the President to refer to the Supreme In the exercise of this constitutional prerogative, the President of India, Smt. Consequently, the only legitimate recourse available to the Union of India would have been to invoke Union of India  (“2G Judgement”).

  • From Kesavananda to Puttaswamy: Navigating through Constitutional Challenges

    In doing so, the article contributes to a richer comprehension of the complex tapestry of Indian constitutionalism It replaced the Government of India Act of 1935, passed during British rule in India. Union of India (1986) In this case, the Supreme Court of India introduced the ‘principle of absolute Union of India (1992) It is one of the most important decisions of the Supreme Court of India on the Constitution of India.

  • Prolonged Pursuit of Justice for Bilkis Bano

    The most astonishing thing is the delay that the Indian judiciary shows in disposing of the case concerning Union of India (Bilkis Bano Case’) The Rape incident took place on March 3, 2002, after Bilkis and her Bilkis Bano moved a writ petition to enforce her rights through Article 32 of the Indian constitution denied the right to vote, which is the most basic right and most important one given to citizens of India The Supreme Court of India has laid down various factors for granting remission in Laxman Naskar v.

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