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

  • Internet Restrictions in Jammu and Kashmir: Continuing Constitutional Abdication

    In Anuradha Bhasin v Union of India, the Court reiterated the idea of the proportionality test as illustrated Union of India (FMP). Union of India, (2020) 3 SCC 637 [2]The Constitution of India, 1950, Art. 19(1)(a) [3]Foundation for Union Of India AIR 1981 SC 344 [16]Government of NCT of Delhi v Union of India (2018) 8 SCC 501 [17]Kalpana Mehta v Union of India (2018) 7 SCC 1 [18]Kai Moller, Justifying the Culture of Justification 19(LSE

  • 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

  • Right To Recall Elected Representatives in India: A Utopia

    Constitution’s Silence The Constitution of India does not have a mechanism by which an elected member Coalition Governments The scheme under the Parliamentary System of Governance in India is such that the The Right to Recall may tend to deepen further the sense of instability that already exists in India First Past the Post System in India The ‘First Past the Post System’ coupled with the ‘Right to Recall Currently, the cost of conducting Lok Sabha elections is covered by the Union Government, while state

  • 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

  • Revisiting the 10th Schedule: The Necessity to Reform India's Anti-Defection Law

    In the years following its enactment, the anti-defection law in India emerged as a toothless tiger. authority to adjudicate anti-defection proceedings can also be assigned to the Election Commission of India Assigning this role to the Election Commission in India would ensure that political considerations do

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

    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 Kapadia and Justice Swatanter Kumar in Society for Unaided Private Schools v Union of India & Anr, further Education As A Public Function In India In India, the concept of education sits at the intersection of The State List was replaced with the Concurrent List, giving the Union and state governments joint legislative

  • 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.

  • Article 12 of the Constitution of India: Brief Analysis of Its Constitutional Jurisprudence

    As our Constitution makers were of the view to make India a welfare state & a mere glance at the preamble Object & Meaning of the Term 'State' under Article 12 under the Constitution of India To make fundamental The term “state” now defined in Article 12 of the Constitution of India was introduced as Article 7 in or under the control of the Government of India. By the virtue of this article Parliament of India, Legislature of each States, Local authorities & other

  • Much Awaited Response: Legalising Active Euthanasia in India

    not many resources that cover the idea of active euthanasia and how it might benefit a nation like India This article aims to explain what euthanasia is and its different aspects, further the Indian perspective The Supreme Court of India has previously rendered a judgment on this matter that it should remain illegal reasons and leaves no stone unturned to cover all the perspectives as to why it should be legalised in India

  • 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 Contemplations of good relations with Italy or with the European Union (EU) which had remained in favour What Should Be India’s Next Step? , India has acknowledged the Tribunal’s decision and is persistently adhering to it.

  • The Peculiar Case of Safoora Zargar

    definition under Sedition prescribed under section 124A of IPC as it was discussed in the case of Kedar Nath v. Rangarajan v. P. The Supreme Court in Balwant Singh v State of Punjab laid down emphasis on the commitment of any overt Also, the court overlooked the ‘test of imminence’ established by the apex court in Arup Bhuyan v.

  • 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.

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