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138 items found for "Joseph Shine v. Union of India"

  • Federalism: Catharsis in Indian Democracy

    Until 1935, the British ruled India with a unitary system of government, but the Government of India Article 1(1) of the Constitution describes: “India, that is Bharat, shall be a Union of States.” Unlike the USA, the Indian federation is “an indestructible union of destructible states” and on the Union of India, [xiv] the Supreme Court went totally against the earlier judgment and neglected the Union of India, [xv] a nine-judge bench enunciated that the Indian Constitution is federal.

  • Secularism: A Study in the light of the Constitution of India

    Introduction India is one State endorsed with rich cultures that are distinct in language, dressing, Religion has been the key differentiating between the cultures inherent in India. Union of India, the Hon'ble Court declared that secularism is the basic structure of the Constitution The Constitution of India provides for a Secular State. Union of India, the Court has held that the word "secularism" used in the Preamble of the Constitution

  • Understanding The 2023 Indian Same-Sex Marriage Judgment From A Comparative Perspective

    The judgment  passed recently by the Supreme Court in India holding same-sex marriage to be bereft of Same-Sex Marriage: 2023 Supreme Court of India Ruling As early as 2023, the recent Supreme Court of India same sex some protection from harassment and discrimination, all sans formal registration of their union There the feature is found in the constitutional structure of India's DFA, specifically in Article 21 That approach stands in glaring contradiction to the situation currently prevailing in India.

  • A Balancing Act: Sedition and The New Nyaya Sanhita Bill

    proposed legislation, which lies under the title of ‘Acts endangering sovereignty, unity and integrity of India ,’ Sedition law in India since the inception of the Indian Penal Code, has been known for its draconian Introduction Sedition law in India, defined under Section 124A of the Indian Penal Code (IPC), has recently contempt or excites or attempts to excite disaffection towards the Government established by law in India Vombatkere Versus Union of India, The Supreme Court stopped the enforcement of Sedition; it directed

  • Censorship on Creativity vis-à-vis Chilling Effect in India

    India is a democratic country where freedom of speech and expression is considered a fundamental right In India, Romesh Thappar v. Union of India, a constitution bench of this court held that Section 377 had a chilling effect on the Thus, the Supreme Court held it unconstitutional in the case of Shreya Singhal v. Union of India. Union of India, Anuradha Bhasin, executive editor of Kashmir Times, approached the court that due to

  • NOTA: A CONSTITUTIONAL RIGHT

    Union of India & Anr, where the Hon’ble Supreme Court directed the incorporation of the option of “None Union of India & Anr, where the People’s Union for Civil Liberties (PUCL) filed a writ petition under On the other hand, the counsel for the Union of India contended that the right to vote is not a fundamental References- [i]Union of India v. Association of Democratic Reforms and Anr, 5 SCC 294 (2002). [ii]People’s Union for Civil Liberties & Anr v. Union of India & Anr, 10 SCC 1 (2013). [iii]S.

  • Implementation of a Uniform Civil Code: Boon or a Bane?

    Constitution places a duty on the State to secure a Uniform Civil Code (“UCC”) for the citizens of India However, implementing a uniform standard in India has to be viewed through the socio-political lens to Union of India and P.E. Mathew v. Union of India, amongst others. One of the most recent judgments is the case of Indian Young Lawyers’ Association v. However, it is crucial to bear in mind that in a diverse society such as India’s, a uniform standard

  • Responsible Journalism during the Pandemic in India

    for the sake of reaching a particular conclusion, every individual in a Constitutional Democracy like India While India provides for the Freedom of Press, further entailing the right to access information its The extent of responsible journalism in India during Covid-19 Ideally, journalists are expected to publish circulate such content which is capable of inciting violence within the territorial jurisdiction of India The Press Council of India is vested with the task of ensuring that the Newspapers etc. do not publish

  • State Control over Education: An Emerging Need for India

    In a diversified country like India, this is not always possible. What can India Learn from these Countries? Best-suited Solution for India  India has become the most populous country   in 2023, surpassing China India is currently facing several issues in the area of education. The diversity of India since the framing of the constitution has not decreased.

  • Overview on Right to Education and the Constitution of India.

    In some contexts, it has been revealed that different states in India have failed to maintain the basic Minorities are the integral part of democratic set up in country India has accommodated minorities since the culture educational right of the minorities, incorporated in the constitution of India basically Right to Free Education is a Fundamental Right In India, the topic of mandatory and free education has rights regarding education has been considered as a great and vital achievement for the children in India

  • A Precautionary Measure?: The Demarcation of Separation of Power Between Judiciary and Legislature

    law student at Symbiosis Law School, Pune Introduction Separation of Powers is a phenomenon on which India In Article 53(1) , the President of India is vested with the executive functions of the nation. This case   of Indira Gandhi v. Union of India . of India and she won the seat of her constituency fairly.

  • Reproductive Rights Under Indian Constitution

    The Constitution of India acknowledges a significant number of these rights as Fundamentals Rights which 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. Union of India & Ors. which surpassed the reproductive health framework and also realised autonomy and Union of India & Others, where the court held that child marriage exposes vulnerable and young girls

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