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181 results found for "constituion of india"

  • Rethinking Pramati: Balancing Minority Rights and Inclusive Education

    Saksham Sharma, 4th-year law students at Gujarat National Law University, Gandhinagar Supreme Court of India Union of India . Right to Free and Compulsory Education Act, 2009, implemented  Article 21A  of the Constitution of India Union of India  (2012). Union of India  (2014).

  • (LGBTQIA+): The Spectrum of Human Sexuality and Gender

    Introduction India’s society is “Orthodox,” “Misogynist,” and “Homophobic.”  It was India’s first officially codified law pertaining to homosexuality. Union of India, a bench of Justices K.S. Radhakrishnan and A.K. Union of India.  Union Of India. D. Y.

  • Unlearn, Re-orient and Govern: Exploring Justiciability of DPSPs for Sustainable Development

    within the framework of the Indian Constitution. Looking at the Indian Constitution, several of these should be available to all citizens as a part of This distinction holds good even in the Indian context between fundamental rights and DPSP. Meanwhile, the Courts of India, Supreme Court, and High Courts have been interpreting Fundamental Rights Union of India.

  • A Precautionary Measure?: The Demarcation of Separation of Power Between Judiciary and Legislature

    law student at Symbiosis Law School, Pune Introduction Separation of Powers is a phenomenon on which India In Article 53(1), the President of India is vested with the executive functions of the nation. There are various reasons which emphasise the importance of Separation of Powers in a country like India Raj Narain, 1975 SCC (2) 159 is a piece of history in the politics of post-independent India. of India and she won the seat of her constituency fairly.

  • SEBC Status to Gender Minorities? – Pragmatic Interpretation from the Madras High Court over the NALSA Verdict

    Union of India that opened up such a possibility.  Reservations to Gender-Minorities: Horizontal-Vertical Divide Reservations under the Indian Constitution Union of India, but leaving the phrase “backward classes” open-ended under Articles 15(4) and 16(4) ensured Union of India ((2014) 5 SCC 438), expanded the scope of Articles 15(4) and 16(4) of the Indian Constitution reservations over vertical, an inference may be drawn to the clarification petition filed by the Union of India

  • Who Controls the Mahabodhi Temple and Who Should Control it? A Critical Analysis of the Bodh Gaya Temple Act, 1949

    It violates the provisions of the Indian Constitution, particularly the principles of secularism and far-fetched to reach the view that most DMs are going to be Hindu, considering the demography of Bihar and India Union of India  and Joseph Shine v. Union of India  established that pre-constitutional laws do not have a presumption of constitutionality community is an anomaly, and no similar law exists for Hindus or for the followers of any other religion in India

  • The Role of Governors in Centre-State Relations: Unraveling the Complex Web of Influence

    Upon independence, India adopted a federal system with the Central Government holding relatively more Union of India , the Supreme Court observed that federalism, like secularism, is part of the basic structure Constitutional Position of the Governor After the promulgation of the Government of India Act of 1858 , provincial governors acted as representatives of the Crown in British India, operating under the guidance ’s unity and move India further towards the path of development.

  • To What Extent Is The Abrogation of The Sedition Law Justifiable?

    Penal Code, a colonial-era law on sedition, and its application in contemporary India. Union of India, the former Chief Minister, expressing his views on the Ladakh situation, suggested that the ambit of reasonable restrictions, it must be in the interest of the sovereignty and integrity of India Union of India, two girls were arrested for commenting on a Facebook post under section 66A of the Act The sluggish pace of the Indian judiciary system adds to the challenges.

  • Federalism and Fundamental Rights: An Analysis of Part III of The Constitution

    Federalism In India According to Prof. In India, Federalism has combined features of Federation and Unitary government which is why India is Nexus: According to Article 245, Parliament can make laws for the whole territory of India. (i.e. takes effect outside the territory of India). In the case of A. H. However, few Fundamental rights are guaranteed only to the Citizens of India.

  • With Great Freedom, Comes Great Responsibility: Enforceability of Fundamental Duties

    anti-secessionist strikes, for instance, the Khalistan movements, which have caused significant tensions between India The Indian Scenario Fundamental duties were initially not a part of the Indian Constitution. However, 10 fundamental duties were added under Article 51A of the Indian Constitution under the 42nd Union of India, where the court directed the closure of Tanneries close to the river Ganges near Kanpur Union of India (Taj Trapezium Case) case, where the court banned the usage of coal and cake and directed

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

    to an Independent Judicial Tribunal and (ii) Transferring this power to the Election Commission of India  (para 5.22) and even the Election Commission of India   itself have also echoed this sentiment. This approach assumes that the Election Commission of India would serve as a more neutral body than the Opposition leaders have often voiced their distrust in the Election Commission of India (ECI), arguing Vithalbhai Patel, India's first Indian Speaker in 1925, attempted to set a precedent of being impartial

  • Restitution of Conjugal Rights and Its Constitutional Validity

    Introduction In India, marriage is considered a sacrament and a holy bond. Union of India, (2017) 10 S.C.C. 1 (India). [iv] Gobind V. State of Madhya Pradesh, (1975) AIR 1378 (India). [v] Huhhram V. Misri Bai, (1979) AIR MP 144 (India). [vi] Tirath Kaur V. Kripal Singh, (1964) AIR Punjab 28, (India). [vii] Saroj Rani V.

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