Constitution Law

Overview of Constitution of India

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...

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RIGHT TO EDUCATION

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...

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

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...

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The Birthright & Citizenship: Hindutva-Pakistan

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...

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FUNDAMENTAL DUTIES

Introduction The Constitution of India provides the citizens of India the Fundamental Rights. In the same way, every citizen owes some duties towards the nation. These are known as Fundamental Duties. The relationship of a right and duty go hand-in-hand. If someone has given you a right, then it is your duty to not hinder another person’s right. They are provided under Part IV-A of the Indian Constitution. They were adopted in 1976 by the 42nd Amendment of the Constitution. The 11 fundamental duties are to: Oblige with the Indian Constitution and respect the National Anthem and Flag. Cherish and follow...

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Statutory Provisions That Recognize The Right To Privacy

Some Indian statutes implicitly recognize privacy rights or rights similar to privacy. In cases where the conduct of a media communicator amounts to a crime under any of the laws below; a person whose privacy has been invaded initiate criminal proceedings by lodging a complaint with the police.  Anti-voyeurism law: After the 2013 amendment of India’s criminal law, it is a crime for a man to “watch” or “capture the image” of a “woman engaging in a private act in circumstances where she would usually have the expectation of not being observed either by the perpetrator or by any other person...

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FREEDOM OF THE PRESS

The Philosophical Foundations of the Freedom of the Press In ancient Athens, parrhesia, loosely meaning a frank exchange of views, and isegoria; referring to the equal access to speak before the city’s political institutions; were central concepts of the city-state’s democratic ideology. The ancient Athenians were free to say almost anything in courts and assemblies. To an extent therefore, dissent and subversive views were tolerated. The freedom of the press was articulated for the first time when across Europe, governments established control over printing presses by licensing printing and trade in books, starting in England in the 1600s. In 1644, John Milton...

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WRITS

Introduction A Writ is a form of written command in the name of a court or other legal authority. It is the order to act or abstain from acting, in a particular way. There are certain Fundamental Rights which are given to every citizen's right from his birth. When there is a violation of these rights a person can go directly to the High Court under Article 226 or to the Supreme Court under Article 32 of the Indian Constitution. The people of India have given this power to file a writ petition to safeguard their fundamental right of right to Constitutional...

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Article 12 : The ‘State’

Introduction Our Constitution has provided us with the definition of State under Article 12. It is important to know the definition of State because in the latter parts of our constitution, for instance, Article 36[Directive Principle of State Police], Article 152[functioning and handling of States] and Article 308[services allocated under Union and States], the word State has been used. Therefore, it is important to know what constitutes State. Definition As per Article 12 state includes: Government and Parliament of India: Government means the group of people with the authority to govern a Country or State. Parliament shall consist Lok Sabha and Rajya Sabha. ...

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ARTICLE 21: THE SOUL OF THE CONSTITUTION OF INDIA

Introduction Article 21 is the most important article provided by the Constitution of India. It is the Article which gives meaning to life. In addition, it is one of the Fundamental rights provided by the Constitution of India, but it takes on its shoulder the responsibility of fulfilling our many rights. It can be considered as the soul of the Constitution of India. Article 21 states that “No person shall be deprived of his life or personal liberty, except according to the procedure established by law.” It constitutes many rights under it. It is not an exhaustive Article. Even today, any new judgment...

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