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143 items found for "constituion of india"

  • Shreya Singhal v. Union of India: A Critical Analysis [Part-II]

    Union of India[ii] the Supreme Court has held that freedom of speech and expression is subject to reasonable Union of India,[iv] it was held that freedom of speech and expression guaranteed under Article 19 (1) Union of India[xii], wherein the Court explicitly held that fundamental freedoms under Article 19 are DURGADAS BASU, COMMENTARY OF THE CONSTITUTION OF INDIA 2256(8th Ed. 2007). [ii] (1985) 2 SCR 287. Union of India, AIR 1958 SC 578. [xiii] S. Khushboo v. Kannaimal, (2010) 5 SCC 600.

  • Kunal Kamra v. Union of India: Challenging the Constitutional Validity of the 2023 IT Rules Amendment

    Authored by Kunal Parihar, a 3rd-year law student at National Law School of India University, Bangalore Union of India , the petitioners challenged the constitutional validity of a 2023 amendment to the Information In light of this, it becomes imperative to examine the constitutionality of the amended Rule 3(1)(b)( Government or its authorised officers to block public access to any information in the interest of India's Union of India , the Supreme Court ruled that legitimate expectations can only be overridden in the public

  • Realism Practiced in the Indian Supreme Court: A Critique

    freedom to profess and practice religion is a Fundamental Right guaranteed to them by the Constitution of India The constitutional history of England, the United States, and also of India shows that whenever judges While deciding the extent of this power in India, the nature and fundamental characteristics of the Indian that the Constitution provides for Judgement delivered by higher courts enjoys the status of law in India I would conclude my words by quoting the comment made by former Chief Justice of India, ‘When a question

  • Enrica Lexie Case and Indian Jurisdiction

    Ruling of the Supreme Court of India in Enrica Lexie CaseThe ruling The Hon’ble Supreme Court of India Analysis of the Award Passed and Indian Jurisdiction But the question as to Whether India losing its India's stand that UNCLOS isn't worried about issues identifying with the immunity was solid. What Should Be India’s Next Step? , India has acknowledged the Tribunal’s decision and is persistently adhering to it.

  • Homosexuality in India: Born Different

    This article throws light on section 377 of the Indian Penal Code which refers to the penalizing of all Union of India [iv], the five-judge bench led by CJI Dipak Misra sullied section 377 of the Indian Penal The Special Marriage Act, 1954 The Act states that all the people of India and outside countrymen can References [i] Keni, Times of India, ‘Being Homosexual or Bisexual is normal, it’s time for society to Union of India, (2018) SC 4321 [v] India Today's, 'What is Special Marriage Act?', 6 March 2021

  • Ensuring Dignity and Rights : A Comprehensive Analysis of Elderly Rights in India

    Provisions To Protect Elderly People In India In India, laws and constitutional protections were passed Directive Principles of the Constitution of India. The Union Government of India has implemented the National Policy for Older Persons. This legislation is the inaugural personal law statute in India. Maintenance and welfare provisions hold a prominent position in India.

  • Private Pursuits, Public Interests: India's Higher Education Odyssey

    India has the largest and oldest educational system in the world. Education in India - Triad of Constitutional Significance In India, education holds a special place as Background: India's Higher Education In India today, children between the ages of 6 and 14 have a fundamental Education As A Public Function In India In India, the concept of education sits at the intersection of Regulatory Challenges With Regard To Private Universities In India: India lacks a legally regulated framework

  • Reproductive Rights Under Indian Constitution

    The Constitution of India acknowledges a significant number of these rights as Fundamentals Rights which Additionally, India is a signatory to various international conventions which include the International It contains certain grounds, under which, abortion is legal in India. This implies that abortion in India is only legal if done in good faith for medical purposes. Reproductive Rights under Article 21 Albeit India being one of the first countries to legislate legal

  • Indian Fishermen: Life of Exclusion and Neglect

    But this sacred feature fails to confer on the Indian fishermen. that they were doing their work in the waters and had inadvertently crossed the invisible line between India India and Pakistan frequently arrest the angular as there is no comprehensible demarcation of the maritime Development to Date In 2008, India and Pakistan had formed a judicial committee consisting of four retired This issue of Indian fishermen is absolutely a human issue.

  • Constitutionality of Racial Quota System in Admissions vis-à-vis Affirmative Action in USA

    government or state government infringes on an individual’s guaranteed rights, he/she may challenge the constitutionality The court will apply any of these three types of scrutiny to test the constitutionality of the law in In strict scrutiny, the presumption of constitutionality does not apply, so, the burden of proof for the constitutionality of the law/statute is on the state. Bollinger (2003), the Supreme Court reiterated Bakke’s ruling and upheld the constitutionality of a race-conscious

  • Criminalisation of Indian Politics Amidst Elections: The Road To Eligibility Test

    Union of India . Qualification: The Need For An Eligibility Test The very preamble of India qualifies and portrays India As for India, it is the Constitution of India that is at the highest pedestal and governs as the law In the case of Union of India v. Union of India and Union of India v. Association for Democratic Reforms .

  • Is it Completely Illegal in India to Have Marijuana?

    But it is still barred in the Middle East and Asia, including India. Marijuana in India Marijuana in India is known to have been in use since at least 2000 BCE. The Britishers, due to the widespread use of cannabis in India, conducted a study entitled The Indian The possession of marijuana (except bhang) in itself is illegal in India. It is high time for India to amend the NDPS Act to back the cultural significance of cannabis in India

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