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198 results found for "Joseph Shine v. Union of India"

  • 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

  • Recalibrating Justice: Post-Cognisance Investigation and The Legislative Shift

    Ahmedabad Representational Image Introduction The transformation of the criminal justice system in India While this may seem like a progressive step that enhances India’s criminal justice system, it raises Investigation is the hallmark of the criminal justice system in India, and the same is reiterated in   Furthermore, in Sakiri Vasu v. judgment of Vinubhai is a milestone towards the betterment of the inquisitorial criminal justice system in India

  • 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 As many as 27 no-confidence motions have been raised against the then existing governments in India The Right to Recall may tend to deepen further the sense of instability that already exists in India 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 up by President Roosevelt with judges having new philosophy of law. [14] The Supreme Court of India While deciding the extent of this power in India, the nature and fundamental characteristics of the Indian 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 , 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 References [1] Nirmal Singh v. State of Punjab, AIR 2009 SC 984. [2] Olga Tellis v. [5] Kartar Singh v. State of Uttar Pradesh,1981 (3) SCC 93. [6] Hussainara Khatoon v. [7] A.R.Antulay v. R.S.Nayak,AIR 1987 SC 1140. [8] State of M.P 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 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.

  • Much Awaited Response: Legalising Active Euthanasia in India

    not many resources that cover the idea of active euthanasia and how it might benefit a nation like India This article aims to explain what euthanasia is and its different aspects, further the Indian perspective The Supreme Court of India has previously rendered a judgment on this matter that it should remain illegal reasons and leaves no stone unturned to cover all the perspectives as to why it should be legalised in India

  • Homosexuality in India: Born Different

    Union of India [iv] , the five-judge bench led by CJI Dipak Misra sullied section 377 of the Indian Penal The Special Marriage Act, 1954 The Act states that all the people of India and outside countrymen can [v] Conclusion By analyzing the whole situation, we get to know that society should support the LGBTQ References [i] Keni, Times of India, ‘ Being Homosexual or Bisexual is normal, it’s time for society Union of India, (2018) SC 4321 [v] India Today's, ' What is Special Marriage Act? ', 6 March 2021

  • Enrica Lexie Case and Indian Jurisdiction

    Ruling of the Supreme Court of India in Enrica Lexie CaseThe ruling The Hon’ble Supreme Court of India Analysis of the Award Passed and Indian Jurisdiction But the question as to Whether India losing its Contemplations of good relations with Italy or with the European Union (EU) which had remained in favour What Should Be India’s Next Step? , India has acknowledged the Tribunal’s decision and is persistently adhering to it.

  • The Constitutionality of Citizenship Amendment Act

    Roy v. Union of India,  explained the concept of limitation on plenary power as:-   “…The power of amendment Millions of citizens of undivided India belonging to various faiths were staying in the said areas of Pakistan and Bangladesh when India was partitioned in 1947. Many such persons have fled to India to seek shelter and continued to stay in India even if their travel

  • Ensuring Dignity and Rights : A Comprehensive Analysis of Elderly Rights in India

    Provisions To Protect Elderly People In India   In India, laws and constitutional protections were passed Directive Principles of the Constitution of India. The Union Government of India has implemented the National Policy for Older Persons. This legislation is the inaugural personal law statute in India. Maintenance and welfare provisions hold a prominent position in India

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