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184 results found for "Joseph Shine v. Union of India"
- Reproductive Rights Under Indian Constitution
It contains certain grounds , under which, abortion is legal in India. of Devika Biswas v. Union of India & Ors . which surpassed the reproductive health framework and also realised autonomy and Union of India & Others , where the court held that child marriage exposes vulnerable and young girls For example, in the case of L.C. v.
- Legal Analysis of Religion-Based Reservations in India: Pasmanda Muslims and the Primacy of Caste over Communal Differences
Gandhi National University of Law, Patiala Source: Countercurrents | Religion-Based Reservations in India Nagraj v. Union of India . The State of Madras v. Furthermore, in the judgement of Balaji v. Union of India (2003) , the Supreme Court emphasised that Articles 15 and 16 prohibit reservations
- Doctrine of Eclipse under Article 13: Modified Application in Post-Constitutional Law
Authored by Priyam Mitra , a 3rd-year law student pursuing B.A., LLB at National Law School of India University (NLSIU), Bengaluru Constitution of India Introduction [T]he application of the doctrine of Golak Nath v. In Somaiya Organics (India) Ltd. v. Since the doctrine has been sparingly used in India, one may look at the development of the doctrine
- Internet Restrictions in Jammu and Kashmir: Continuing Constitutional Abdication
In Anuradha Bhasin v Union of India, the Court reiterated the idea of the proportionality test as illustrated Union of India (FMP). Union of India, (2020) SCC OnLine SC 453 [4]Chintaman Rao v State of MP, AIR 1951 SC 118 [5] Yutaka ARAI-Takahashi Union Of India AIR 1981 SC 344 [16]Government of NCT of Delhi v Union of India (2018) 8 SCC 501 [17]Kalpana Mehta v Union of India (2018) 7 SCC 1 [18]Kai Moller, Justifying the Culture of Justification 19(LSE
- Protector or Violator: Position of Judiciary under Article 12
Authored by Aaditya Vardhan Singh Rathore , 3rd-year law student at the Indian Institute of Management In India, including both Civil and Criminal, almost more than 25000 review petitions have been filed
- Evolution and Dynamics of Federalism: A Comparative Study of Legislative Power Allocation in India and the USA
Delhi Evolution and Dynamics of Federalism: A Comparative Study of Legislative Power Allocation in India In contrast, India’s federalism was shaped by the need for a strong central government to maintain national This paper explores the historical and political circumstances that shaped federalism in the U.S. and India This comparative study focuses on the evolution and dynamics of federalism in India and the United States India’s federal structure divides powers among the Union, State, and Concurrent lists, ensuring both
- Revisiting the 10th Schedule: The Necessity to Reform India's Anti-Defection Law
In the years following its enactment, the anti-defection law in India emerged as a toothless tiger. authority to adjudicate anti-defection proceedings can also be assigned to the Election Commission of India Assigning this role to the Election Commission in India would ensure that political considerations do
- Right To Recall Elected Representatives in India: A Utopia
Constitution’s Silence The Constitution of India does not have a mechanism by which an elected member Coalition Governments The scheme under the Parliamentary System of Governance in India is such that the The Right to Recall may tend to deepen further the sense of instability that already exists in India First Past the Post System in India The ‘First Past the Post System’ coupled with the ‘Right to Recall Currently, the cost of conducting Lok Sabha elections is covered by the Union Government, while state
- Realism Practiced in the Indian Supreme Court: A Critique
freedom to profess and practice religion is a Fundamental Right guaranteed to them by the Constitution of India The constitutional history of England, the United States, and also of India shows that whenever judges While deciding the extent of this power in India, the nature and fundamental characteristics of the Indian that the Constitution provides for Judgement delivered by higher courts enjoys the status of law in India I would conclude my words by quoting the comment made by former Chief Justice of India, ‘When a question
- Private Pursuits, Public Interests: India's Higher Education Odyssey
Education in India - Triad of Constitutional Significance In India, education holds a special place as Kapadia and Justice Swatanter Kumar in Society for Unaided Private Schools v Union of India & Anr, further According to the Supreme Court's ruling in the case of Unni Krishnan, J.P. v. This conflict was sparked by the crucial Mohini Jain v. The State List was replaced with the Concurrent List, giving the Union and state governments joint legislative
- Indian Fishermen: Life of Exclusion and Neglect
that they were doing their work in the waters and had inadvertently crossed the invisible line between India India and Pakistan frequently arrest the angular as there is no comprehensible demarcation of the maritime Development to Date In 2008, India and Pakistan had formed a judicial committee consisting of four retired References [1] Nirmal Singh v. State of Punjab, AIR 2009 SC 984. [2] Olga Tellis v. from=mdr. [4] Id. [5] Kartar Singh v.
- Article 12 of the Constitution of India: Brief Analysis of Its Constitutional Jurisprudence
As our Constitution makers were of the view to make India a welfare state & a mere glance at the preamble The term “state” now defined in Article 12 of the Constitution of India was introduced as Article 7 in or under the control of the Government of India. Firstly, in the case of University of Madras V. In the case of Rajasthan Electricity Board V.












