19 June

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STATE EMERGENCY – FAILURE OF CONSTITUTIONAL MACHINERY IN STATE

Introduction Article 356 provided that if the President, on receipt of a report from the Governor of a State or otherwise is satisfied that a situation has arisen in which the Government of the State cannot be carried on under the provisions of the constitution, he may issue a proclamation. During the emergency, the President administers the state through the governor and the Parliament makes laws for the state. In summary, the executive and legislative powers of the state are appropriated by the Centre. Under this, the relationship of only the state under emergency with the Centre changes. The Parliament can delegate the...

14 June

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NATIONAL EMERGENCY

Posted by Abhishek khare

in Constitution Law

Introduction The Emergency provisions are mentioned in Part XVIII of the Indian Constitution from Article 352 to 360. There are three types of emergencies mentioned in the Constitution and the power to impose these emergencies is upon the President of India. The concept of the Proclamation of Emergency was adopted from the Weimar Constitution of Germany. Emergency provision is a unique feature of the Indian Constitution that allows the Centre to assume extended powers to handle special situations. In an emergency, the Centre can hold entire legislative and executive control of any state. The Constitution provides three types of emergency. They are as...

05 June

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Article 21 of the Constitution of India (Right to Life and Personal Liberty)

Posted by Abhishek khare

in Constitution Law

Introduction According to Article 21 of the Constitution of India, no person shall be deprived of his life or personal liberty except according to the procedure established by law. Violation of the right by private individuals does not fall within the preview of Article 21. Article 21 secures and provides two rights to the citizens of India: Right to life and Right to personal liberty. The right to life and personal liberty is provided by the Indian Constitution in part III under the category of 'right to freedom'. The right to life and personal liberty in accordance with the procedure established by...

03 June

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Directive Principles of State Policy

Posted by Abhishek khare

in Constitution Law

Introduction Part IV of the Indian Constitution deals with the Directive Principles of State Policy (DPSP). This novel feature has been borrowed from the Irish Constitution. The Fundamental Rights are negative duties on the state while the DPSPs are positive duties on the state, though not enforceable in a court of law. The Directive Principles of State Policy are guidelines and norms to the State and it shall be the duty of the State to implement these principles while making laws for the citizens. To promote the welfare of the people and achieve an economic democracy, the government imposes an obligation on the State...

26 May

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Doctrines of Indian Constitution [Part-2]

Posted by Abhishek khare

in Constitution Law

Doctrine of Basic Structure The Doctrine of Basic Structure states that the Constitution of India has some basic features that can’t be altered or wiped out through amendments by the parliament. The basic features are not specified by the Judiciary and it is considered that federalism, democracy, secularism, independence of the judiciary, etc. are some basic features of the Indian Constitution. Landmark cases: Shankari Prasad vs. Union of India It was claimed that the amendment that violates the fundamental rights of the citizens is not conceded by Article 13. However, in case Golak Nath vs. the State of Punjab, the Supreme Court affirmed a...

25 May

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Doctrines of Indian Constitution [Part -1]

Posted by Abhishek khare

in Constitution Law

Doctrine of Pith and Substance The Union and State Legislatures are made supreme and had their respective spheres and they should not encroach into the spheres of the other. The ‘pith and substance’ of law means ‘the true object of the legislation and statute’. If any law passed by one clash or encroaches upon the field assigned to the other then the court will use the doctrine of pith and substance to determine whether the Legislature concerned was competent to make it. It arises when there is a conflict between two or different subject matters of different lists. The reason...

19 May

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Overview of Constitution of India

Posted by Abhishek khare

in Constitution Law

Introduction The Constitution is a legal document that sets the framework of rules and regulations according to which a country is governed. The Constitution of India is the fundamental law of the land. It is an organic document that defines the powers and functions of the Government and their relationship among themselves. It is a legal document framed by the body of eminent representatives chosen by the people of India. Constitution of India is mainly concerned with two aspects: (a). Relationship between the different organs of the Government. (b). Relationship between the Government and its citizens. History Under the Cabinet Mission 1946, the...

18 July

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RIGHT TO EDUCATION

Posted by Abhishek khare

in Constitution Law

Introduction to Right to Education Education has always been an important part of anyone’s life. And especially the education of the youth is crucial for the development of the country. Before moving forward, let us know what exactly education is? Education is facilitating the learning, or the acquisition of knowledge, skills, values, beliefs, and habits. A child’s first school is always his/her home where he/she learns about the basic etiquettes. The education limited only to home is not enough for the evolution of both the child and the country. Therefore, Article 21A of the Indian Constitution is being stated so that free and compulsory primary education is being provided...

12 June

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Review on Supreme Court Case [Justice K.S. Puttaswamy (Retd.) vs. Union of India]

Posted by Abhishek khare

in Constitution Law

Right to Privacy is a Fundamental Right or not? The Right to privacy has always been a topic of debate in History and the present scenario. Article 21 of the Indian Constitution states that every individual has a right to life and personal liberty except according to the procedure established by law. Many rights like the right to clean air, water, and atmosphere, right to noise-free environment etc. This Article also states that human existence not only the mere living of human beings. It also includes a right to live with dignity. Article 21 of the Indian Constitution includes the right to privacy. The...

28 May

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The Birthright & Citizenship: Hindutva-Pakistan

Posted by Abhishek khare

in Constitution Law

Introduction This is what our country is all about; people are proud to hold Indian citizenship and will do its best to represent it. The context of the people saying “I AM PROUD TO BE AN INDIAN can witness this”. The law recognizes the citizenship of a person under the Citizenship Act, 1955 and its amendment deals with acquisition and termination of citizenship. Constitution provides with the Citizenship rights for an overseas citizen of India, Non-Resident Indian, and persons of Indian Origin. Citizenship is where a person holding it enjoys the full membership of any community or state with civil and political...