Security Deposit while renting the property

"Service is the Rent we pay for the Privilege of Living on this Earth.” Introduction A security deposit is an amount that a tenant pays to the landlord at the start of the tenancy.                The sum that a tenant gives the landlord as a security deposit is paid at the beginning of the tenancy. It is... Continue Reading →

Right to Constitutional Remedies – A Fundamental Right

Part III of the Indian Constitution guarantees fundamental rights to the citizens. All those fundamental rights that make one's life worth living are ensured by these rights. Fundamental rights are very essential for the entire development of individuals and the country. The declaration of fundamental rights would be meaningless unless there is effective machinery for... Continue Reading →

Right to Life and Personal Liberty in India

Introduction “By term ‘life’ as here used, something more is meant than mere animal existence. The inhibition against its deprivation extends to all those limbs and faculties by which life is enjoyed. The provision equally prohibits the mutilation of the body by the amputation of an arm or leg, or the putting out of an... Continue Reading →

RIGHT TO TAKEOUT PROCESSION

INTRODUCTION: India is a secular country where the Constitution doesn’t support any religion but respects every religion. India is home to different religions. Citizens of India are free to practice any religion they want to. State will not support any religion or encourages any religion. The Preamble of the Constitution of India starts with the... Continue Reading →

CITIZENSHIP AMENDMENT ACT 2019

Introduction :  India is a secular country. India supports the slogan of “ Unity in Diversity”. Generally India doesn’t support ant religion and this may be the reason for people to apply for  Indian citizenship. Citizenship Act was first enacted by Parliament of India in the year 1955.It provides Indian citizenship to persons who desire... Continue Reading →

Freedom of Speech and Expression and its Territorial Extent

Introduction Article 19(1)(a): According to Article 19(1)(a), all citizens have the right to freedom of expression. This means that all citizens have the right to freely express their views and opinions. This includes not only word of mouth, but also speech in the form of texts, pictures, movies, banners, etc. India's Supreme Court has ruled... Continue Reading →

Freedom to form Association

Introduction Even as working together in a group, or a membership or in an association, an character wishes to assure that harmony is maintained. it's also important to endure in mind that the discipline and order present inside the society is preserved even as discharging the respective capabilities as well as in the course of... Continue Reading →

Freedom of Press

Freedom of Press Meaning of freedom of press The reason for the free press is seemed as growing a fourth institution out of doors the government as an extra check at the 3 respectable branches: - (i)executive. (ii) Legislative. (iii)Judiciary It's far the primary function of the press to offer comprehensive and object records on... Continue Reading →

Right to Silent

Right to silent is followed from British regulation that presented privilege and unhappiness to each the witnesses and accused on the same time. For a while, the provision of the proper to remain silent inside the constitution of numerous nations prevails in each crook and civil laws for turning in judgements. The preliminary encroachment of... Continue Reading →

Freedom To Assemble Peacefully

Freedom To Assemble Peacefully Article 19 is one of the most important articles establishing the “fundamental freedoms” guaranteed to all citizens of India. Article 19 (1) provides that every citizen has the right to freedom of speech, expression, assembly, association, movement, residence and trade, business, profession or profession. Article 19(1)(b) guarantees all citizens of India... Continue Reading →

Reasonable Restrictions

Introduction The basic rights guaranteed by the Indian Constitution are not absolute rights. This means that countries may limit the extent to which you can exercise these rights. It is here that the concept of reasonable restriction comes into play with Article 19 of the Constitution, which deals with freedom and the grounds for each... Continue Reading →

Protection of Civil Rights, 1995

Introduction The Civil Rights in India consist of rights regarding equality earlier than the regulation, freedom of speech, freedom of expression concerning non secular and cultural freedom, freedom of meeting, and freedom of faith. Phase 2 of the protection of the Civil Rights Act, 1955 lays down the definition of civil rights. This act prescribes... Continue Reading →

Operation of Ex-Post Facto Laws in India

Ex Post Facto Law Article 20(1) of the Indian Constitution states that- “(1) No person shall be convicted of any offence except for violation of the law in force at the time of the commission of the act charged as an offence, nor be subjected to a penalty greater than that which might have been... Continue Reading →

FREEDOM TO ASSEMEBLE

INTRODUCTION: Fundamental rights are those rights which are available to all the citizens of India without any discrimination based on religion, race, and class etc. These rights are provided by the Constitution of India to the citizens of India. Part III of the Constitution of India from articles 12 to 35 deal with fundamental rights.... Continue Reading →

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 →

RIGHT OF STATE TO IMPOSE RESTRICTIONS

INTRODUCTION: The Constitution of India guarantees certain freedoms to the citizens of India which are known as fundamental rights. Some of the fundamental rights are available to the citizens as well as foreigners but some are only available to the citizens of India. Part III of the Constitution of India from articles 12 to 35... Continue Reading →

FREEDOM OF OCCUPATION, TRADE OR BUSINESS

INTRODUCTION: India is a democratic country where people play a very important role. Certain freedoms are guaranteed by the Constitution of India to the citizens. Among these fundamental rights certain fundamental rights are available to citizens of India as well as foreigners but some other fundamental rights are only available to the citizens of India... 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 →

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