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189 results found for "constituion 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

  • 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

  • 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

  • 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.

  • Scandalizing the Court

    Ram Manohar Lohia National Law University, Lucknow Article 129 and Article 215 of the Indian Constitution judges (Supreme court and High Courts) from any criminal proceedings without consulting Chief Justice of India has held that contempt power of court is within the reasonable restriction given in Article 19(2) of India Resources SCC Online https://www.scconline.com/Members/Search.aspx Indian Kanoon https://indiankanoon.org

  • Actionable Claims in the GST Era: Impact on Tax Incidence and Recent Changes in Digital Gaming Services

    recommendations were made for streamlined registration of foreign suppliers offering online gaming services in India The 'All India Gaming Federation' seeks clarification on these amendments. Impact of Changes on Tax Incidence Recent tax reforms in India's online gaming sector have sparked concerns India's imposition of a 28% GST on contest entry fees and 30% TDS on net winnings sets a harsh precedent India, as an emerging economy with significant digital prowess, risks hindering growth by neglecting

  • Exploring The Intricacies of Euthanasia: A Comprehensive Constitutional and Judicial Review

    Union of India [ 1950 ] AIR 27(SC), the court discussed "due process of law". The Legal Status of Euthanasia in India According to the Indian perspective, whether suicide is a punishable Union of India [2011] 4 SCC 454 (SC) case, and Common Cause a registered society v. India's legal stance on euthanasia has transformed in recent years. The debate about euthanasia in India highlights a tricky balance.

  • 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.

  • Judicial Legislation vis-à-vis International Conventions and Treaties

    relationship between judicial activism, lawmaking, and international conventions and treaties that India History and Current Practices of Such Judicial Activism India is a party to more than one hundred and Since Article 73 of the Constitution of India puts no restriction on the powers of the executive with Even in India, it has been continuously held that no international law would be applicable if it hasn The leading case is: Gramophone co. of India Ltd vs. Birendra Bahadur Pandey.

  • Citizenship Amendment Act, 2019: A Critique

    Assistant Professor of Law Abstract The research paper traces the legislative history of citizenship in India However, the authors have mainly aimed to deduce the constitutionality or unconstitutionality of the At last, the authors in their concluding remark have argued that this constitutionally unpalatable legislation Secularism and Equality as engraved in our Constitution and must be repealed before we go back to the India

  • State or Mate? Unravelling the Effects of P K Biswas

    Authored by Aashi Goyal, a 3rd-year law student at National Law School of India University, Bangalore Part, unless the context otherwise requires, “the State’’ includes the Government and Parliament of India and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India.” that have the authority to enforce, restrict and protect the fundamental rights of the citizens of India

  • Citizenship Amendment Act, 2019: Challenging the Constitutional Validity

    citizenship if the person entered India before December 31, 2014. Domestic critics and foreign anti-India lobbies criticized the Act for distorting India’s democratic Most of the rights in India are available only to the citizens of India. It was held in State Trading Corporation of India Ltd. v. The Indian Union Muslim League filed a petition under Article 32  of the COI challenging the constitutionality

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