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 →

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 →

SOCIO-ECONOMIC JUSTICE IS AN IMPORTANT FACTOR

The need for social and economic justice, which stipulates that every person should have equal access to health, well-being, money, and opportunity, has grown in importance over the past few decades. A series of recent global crises (financial, environmental, socio-political, and medical) have instead increased anxiety, reinforced inequalities, exacerbated cleavages, and negatively impacted economic growth... Continue Reading →

Basic Understanding of Legal Rights

Meaning of Legal Right Rights are termed as any action of a person permissible by law. In Essence, Legal rights are those rights that are provided to countries citizens by the government that particular country to access certain kind of freedoms. These rights are enjoyed by every citizen in day to day life and if... Continue Reading →

Nature of the Indian Constitution: Federal or Quasi Federal?

Introduction: Indian Constitution has a rich history blended with complications of its own. The Constitution of India is by far the lengthiest and most detailed constitution in the world. The credit is to be given to its makers who gauged the suitable provisions from various laws and conventions around the world and assembled them in... Continue Reading →

An Overview of Constitution of India

“Constitutional morality is not a natural sentiment. It has to be cultivated” - B.R. AMBEDKAR Constitution is set of fundamental principles according to which a state or other organisation is governed. It can be divided into two categories: Constitution which have single comprehensive document. Example to such constitution is Indian Constitution. Another category is the... Continue Reading →

Principle/Doctrine of Colourable Legislation

The doctrine of colourable legislation is the concept when a legislature vision to do something but is not able to do because it is beyond its capability or authority, within the limitations of its government’s constitution, it colours the law with a secrete motive or purpose, allowing it to achieve its original hidden objective. Legislation... Continue Reading →

The basic concept of Human Rights

A right means a claim or power to do something or, to have (acquire) and own something, that is considered to be necessary for an individual to live with dignity as a human being and a member of mankind. Such claims or powers are known as, ‘Human Rights. Definitions of Human Rights (1) Justice M.H... Continue Reading →

Introduction To Basic Rules of Interpretation of Statutes

Meaning of Interpretation “The essence of law lies in the spirit, not its letter, for the letter is significant only as being the external manifestation of the intention that underlies it.” Salmond Interpretation means the art of finding out the true sense of enactment by giving the words of the enactment their natural and ordinary... Continue Reading →

Breaking Down Secularism in India

Secularism or freedom to practice any religion is mentioned in the part III of our constitution. Right to freedom of religion is one of the fundamental rights, Indian citizens enjoy. In the 42nd amendment, the meaning of secularism was added in our constitution, particularly in the preamble. Liberty of thought, expression, belief, faith and worship,... Continue Reading →

Conflict of Interest and Parliament: Critical Analysis of Article 254

Article 246 states that Parliament has exclusive power to make laws with respect to any of the matter enumerated in List 1 and List III.  The legislature of any state has exclusive power to make laws with respect to any of the matter enumerated in the list II and List III. Article 248(1) says that... Continue Reading →

Right to Education

Free and Compulsory Education, this is the very essence of right to education. The importance of education in day-to-day life cannot be negated. Education has become a huge part of being able to survive in today’s world, every other job opportunity requires a minimum educational and academic qualification for merely applying.  There is a huge... Continue Reading →

Reservation based on State Domicile

Reservation based on state domicile is not a new phenomenon in India. With ideas like Sons of the Soil Theory and regionalism that exist in our country even today, there is near to no merit in abolishing the act of reservation based on state domicile. The judicial take on it has also varied over time.... Continue Reading →

article 19(1)(g) and environment

Article 19(1)(g) According to Article 19(1)(g) of the Constitution, all Indian citizens have the basic right to engage in any profession or business, trade or commerce anywhere in India. However, this is not an absolute right, so you have reasonable restrictions. Article 19, clause 6 of the Constitution imposes appropriate restrictions on this fundamental right... Continue Reading →

ANIMALS’ LIVES IN INDIA

INTRODUCTION: Since 1960, India has implemented a number of animal welfare regulations, with numerous religious traditions supporting nonviolence and compassion for animals. India is also a major producer of animal goods around the world. The Indian Constitution recognizes animal welfare as a fundamental duty, and as a result, there are various animal welfare laws in... Continue Reading →

VISHAKHA AND ORS VS. STATE OF RAJASTHAN

INTRODUCTION: The Supreme Court of India handed down a landmark decision in Vishaka & Ors. v State of Rajasthan, which deals with aspects of sexual harassment of women in the workplace. The Supreme Court issued the well-known Vishaka rules, which mandated that both the commercial and public sectors create processes to address sexual harassment accusations.... Continue Reading →

PRINCIPLES of natural justice

The principles of natural justice are mainly the sense of what is right and what is wrong theseprinciples has not been given by any statue or constitution it's natural and given by nature. Theseprinciples are present from ancient times. The principle of natural justice basically wants thatdecision made should be free from bais, both the... Continue Reading →

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