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 →
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 →
Living inside Gas Chamber- Study Delhi Pollution with Major Case
Living in Delhi is = Smoking fifty cigarettes every single day Introduction The Air Quality Index(AQI) level at 100 is considered as normal, but in Delhi the AQI is 267, is consider as very unhealthy and very bad and fall under “poor” in scale of pollution level. The smog effects the visibility during riding vehicles... 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 →
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 →
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 →
Article 13: Scope and interpretation
“Law and order are the medicine of body politic and when the body politic gets sick, medicine must be administered.” -B.R Ambedkar Fundamental rights are an integral feature of the Indian constitution. It seeks to protect certain basic rights of Indian citizens. Article 13[1] of the Indian constitution upholds the validity and supremacy of... Continue Reading →
Reservations for Other Backward Classes: The Past, Present and Future
Introduction India is a land of numerous communities. Some were historically more dominant than other, creating generations of opportunities for some at the cost of oppression of others. Reservations have been a heavily debated topic for years. While some are ardent supporters of implementation of affirmative policies for the upliftment of disadvantaged communities, there are... 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 →
Provisions for forced labour under the Indian Constitution
The literal meaning of the word ‘force’ is to ‘make someone do something against their will’. Accordingly, the word ‘forced labour’ means to compel any person to render any service which is against their will out of coercion and threat of punishment. Forced labour is against the basic human right and a criminal offence as... 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 →
Writ of Mandamus
Mandamus means ‘command’. Writ of Mandamus is issued by the court to any public authority which refuses to perform its legal duties. It can be issued against any public official, public organization, public corporation, any tribunal, or any inferior court, and even government. But it cannot be issued against any governors of any state, the... Continue Reading →
Fundamental Duties and Constitutional Provisions for Environment Protection.
The Constitution (Forty-second Amendment) Act, 1976 inserted part IV-A into the Constitution of India. This new part prescribes certain fundamental duties for the citizens of India. The sole Article of this part, Article 51-A, specifies ten fundamental duties. It shall be the duty of every citizen of India (g) to protect and improve the natural... Continue Reading →
FUNDAMENTAL RIGHTS AND DPSP
FUNDAMENTAL RIGHTS AND DPSP The constitution of India is considered as the longest composed constitution of any sovereign country on the planet. At its introduction to the world, it had 395 articles in 22 sections and 8 Schedules and it presently has a Preamble, 25 Parts with 12 timetables, 5 supplements, 101 revision and 448... Continue Reading →
FEATURES OF FEDERALISM IN INDIAN CONSTITUTION.
Although the word ‘federal’ is not defined anywhere in the constitution, article 1 of the Indian Constitution states that “India, that is Bharat, shall be the union of the states” Federalism primarily mentions the division of the power between the union and the state for the legislation or the formulation of the laws in the... Continue Reading →
Right Against Self-Incrimination
The Right Against Self-Incrimination is given under the constitution under Article 20(3). It is basically a fundamental right given to every citizen of India. It is derive3d from a maxim, ‘Nemo Tenetur Seipsum Accusare’ that means no man can be asked to answer any question that might prove him/her guilty of a crime. It basically... Continue Reading →
doctrine of pith and substance
The doctrine of pith and substance is one of the oldest theories used to resolve constitutional matters in India. The word “pith” refers to the true nature or the essence of something, and “substance” refers to the essential part, thereby, the doctrine is defined as, “most significant part of something in which its true essence... Continue Reading →