FUNDAMENTAL RIGHTS :JUSTIFICATION AND NECESSITY

Introduction : Fundamental rights though known as basic human rights then also governed by the Constitution in India and considered special rights for the people.  Rights being cohesive, the citizens can comprehend the importance of all the members of the society, co-operate and adjust themselves accordingly, thereby maintaining cordial relationships among each other. These rights... Continue Reading →

DEFINITION OF STATE -OTHER AUTHORITIES :

 Bottom of Form‘State’ under Article 12 of the Constitution of India INTRODUCTION : Fundamental rights are said to be  a group of rights that are provided  to all the citizens  by the  Indian Constitution under Part III.  Applicability of these rights is universal in nature regardless  of their race, birth place , religion, caste, or... Continue Reading →

APPLICATION OF EJUSDEM GENERIS

Introduction :  Statutes Interpretation  and rules related to the interpretation “The essence of law lies in the spirit, not in its letter, for the letter is significant only as being the external manifestation of the intention that underlies it” – Salmond  Parliament creates laws and thereafter these laws are interpreted by Judges by applying the... Continue Reading →

FUNDAMENTAL RIGHTS : CONCEPT AND NATURE

By CS  Shirish Bhootra 2022-08-27 Introduction : Fundamental rights are provided under part III of the  Constitution of India which was adopted on 26th November 1949 but came into effect on 26th January 1950. These Fundamental rights provide a guarantee that every citizen of this nation can live a life of peace and harmony throughout the territory... Continue Reading →

FUNDAMENTAL RIGHTS :

INTRODUCTION : Fundamental rights are considered  to be the most important part of the Constitution of India.  Their origination is from France’s Declaration of Bill of Rights of Man, England’s Bill of Rights, the Development of the Irish Constitution, as well as, the United States of America’s Bill of Rights. Initially, Constitution provides for seven... Continue Reading →

PREAMBLE -IMPORTANCE AND AMENABILITY

  Introduction : The Preamble is a statement, comprising the aims and objectives of the constitution. So it can be said that the preamble to the Indian constitution highlights about motive contained in the body of the Constitution. The Preamble, in short, highlights the objectives of the Constitution in two ways: first about the governance structure and... Continue Reading →

RIGHT AGAINST EXPLOITATION: (ARTICLE 23 AND 24)

OVERVIEW : Right against Exploitation (Articles 23 & 24) - The Right against Exploitation is provided under  Articles 23 and 24 of the Indian Constitution.  It is one among various important fundamental rights that assures that every citizen is protected from forced labour whether it be of any kind or nature. Articles 23 and 24... Continue Reading →

ABOILITION OF TITLES

Article 17 of the  Indian Constitution ARTICLE 17  : Untouchability is abolished and its practice in any form is forbidden. The enforcement of any disability arising out of Untouchability shall be an offense punishable in accordance with the law. Explanation:  There is no explanation regarding Untouchability neither in Constitution nor in the Act, as to... Continue Reading →

1976 Abolition of Untouchability

Abstract: Right to equality is a part of Rule of law and it has legal force of article 17 of the Constitution abolishes the practice of untouchability. The practice of untouchability would be considered an offense and anyone practicing so would be subject to punishment as provided in law. The Untouchability Offences Act of 1955... Continue Reading →

Right to Property : Pre and Post 42nd Amendment

By CS Shirish Bhootra 2022-08-11 ; 11:00 p.m. RIGHT TO PROPERTY: PRIOR AND POST 42ND AMENDMENT The development of a nation has a positive correlation with administrative actions, judicial determination, and the laws framed by the legislature. As all these have the force of the Constitution of the country. The Constitution plays a supportive role... Continue Reading →

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