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171 results found for "Article 15(4)"

  • Relationship Between Union and State

    Article 245 of the Indian constitution makes it clear that parliament can make the laws for whole or As we discussed that the supremacy has been given to the Union, this can also be seen in the Article President has power to establish an Inter-State council for solving the dispute between the states.[4] Here we can clearly identify a difference between Article 285 and Article 289 as in Article 285 union subject matter of law. [2] AIR 1957 SC 699: 1957 SCR 874 [3] Constitution of India 1950, art 249 and 250 [4]

  • A Case For Recognising The Right To Marry As A Fundamental Right

    of individuals to make their own choices, including the decision to marry freely, as protected under Articles Asokan  declared that the right to marry a partner chosen by one is a fundamental aspect of Article 21 State of Karnataka  affirmed that this right is intrinsic to Article 21, reinforcing the principles set various aspects of companionship, in a manner that respects individual’s privacy and autonomy, under Article 16  and the International Covenant on Civil and Political Rights (ICCPR) Article 23(2) , underscores

  • The Upheaval of The Electoral Sanctity

    The authors have secured 4th rank in Article Writing Competition organised by The Society For Constitutional The article gives a detailed review of previous election reforms as well as landmark court rulings that This article provides an overview of India's electoral history's evolution, navigates through the landmark 324(2) and 324(4).  Due to the need for a thorough analysis of Article 324 of the Constitution, a two-judge panel of the 

  • Constitutional Imperatives: Addressing Marital Rape within Legal Frameworks

    CEDAW's Article 1 defines "Discrimination Against Women" as any differentiation based on gender that As a member state, India is prohibited from derogating from any fundamental rights outlined in ArticleArticle 14 This article guarantees to an individual the right to equality and equal protection of One of the exceptions to Article 14 is the notion of Intelligible Differentia. Article 21 This article states that no person shall be deprived of their life except according to the

  • Evolving Rape Laws in India: Rethinking Consent and Addressing Legal Gaps

    Hence, the main argument this article makes is that it is preferable to have a more inclusive definition

  • Navigating the Constitutional Tightrope: A Case Study on the Constitutionality of Self-Regulatory Bodies in the Indian Media Industry

    The Freedom of the Press: A Constitutional Cornerstone The freedom of the press, enshrined in Article the body representative of the broadcasters is really the essence of the freedoms guaranteed under Article

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

    Union of India, it was decided that the fundamental right to freedom of expression under Article 19(1 In addition to the laws, there are additional safeguards found in Article 14 of the Constitution. Discrimination on the grounds of sex, caste, religion, or place of birth is outlawed by Article 15. LGBTQ minorities, who are now classified as socially and educationally backward classes, thanks to Articles 15 and 16.

  • Does the DPDPA 2023 strengthen the Right to Privacy in India?: A Constitutional Perspective

    DPDPA has a direct and profound impact on the right to privacy, which is a fundamental right under Article Examining the DPDPA’s impact on the right to privacy under Article 21 of the Indian Constitution, it’ Article 21 guarantees the right to privacy as a fundamental right, and landmark Supreme Court judgments for data breaches, and regulatory oversight, its impact on strengthening the right to privacy under Article

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

    The Indian Constitution is the lengthiest constitution containing 395 Articles, 12 Schedules, and 22 Article 1 of the Constitution says “Union of States” which means that India is a union and states are According to Article 245(2) legislation passed by the Parliament cannot be deemed invalid on the ground Repugnancy between a Central Law and State Law (Article 254) In Article 254, it is stated that if any Emergency: Article 250 states that the Parliament will possess the authority to enact legislation on

  • A Framework for Representative Democracy

    information to a voter, who is the citizen of this country, is one facet of the fundamental right under Article was "essential to the electoral process," which was violated by the scheme, making it violative of Article

  • Royalty: To Be or Not To Be Taxed?

    This draws similarities with the principles of competitive federalism as articulated by the Supreme Court This ruling aligns with Article 39(b) of the Constitution , which mandates that the ownership and control

  • Censorship on Creativity vis-à-vis Chilling Effect in India

    fundamental right, and certain rights of the citizens regarding freedom of speech are protected under Article However, the freedom of speech under Article 19 is not absolute and can be limited on the grounds of The ban on the ‘BBC Documentary’ compels other people to think twice before producing any article, movie approached the court that due to the lockdown imposed on Jammu and Kashmir after the abrogation of Article For instance, the morality mentioned under Article 19(2), Article 19(4), Article 25 (1) and Article 26

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