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133 items found for "constituion of india"

  • The Role of Governors in Centre-State Relations: Unraveling the Complex Web of Influence

    Upon independence, India adopted a federal system with the Central Government holding relatively more Union of India , the Supreme Court observed that federalism, like secularism, is part of the basic structure Constitutional Position of the Governor After the promulgation of the Government of India Act of 1858 , provincial governors acted as representatives of the Crown in British India, operating under the guidance ’s unity and move India further towards the path of development.

  • Restitution of Conjugal Rights and Its Constitutional Validity

    Introduction In India, marriage is considered a sacrament and a holy bond. Union of India, (2017) 10 S.C.C. 1 (India). [iv] Gobind V. State of Madhya Pradesh, (1975) AIR 1378 (India). [v] Huhhram V. Misri Bai, (1979) AIR MP 144 (India). [vi] Tirath Kaur V. Kripal Singh,(1964) AIR Punjab 28, (India). [vii] Saroj Rani V.

  • Scandalizing the Court

    Ram Manohar Lohia National Law University, Lucknow Article 129 and Article 215 of the Indian Constitution judges (Supreme court and High Courts) from any criminal proceedings without consulting Chief Justice of India has held that contempt power of court is within the reasonable restriction given in Article 19(2) of India Resources SCC Online https://www.scconline.com/Members/Search.aspx Indian Kanoon https://indiankanoon.org

  • Exploring The Intricacies of Euthanasia: A Comprehensive Constitutional and Judicial Review

    Union of India [ 1950 ] AIR 27(SC), the court discussed "due process of law". The Legal Status of Euthanasia in India According to the Indian perspective, whether suicide is a punishable Union of India [2011] 4 SCC 454 (SC) case, and Common Cause a registered society v. India's legal stance on euthanasia has transformed in recent years. The debate about euthanasia in India highlights a tricky balance.

  • Actionable Claims in the GST Era: Impact on Tax Incidence and Recent Changes in Digital Gaming Services

    recommendations were made for streamlined registration of foreign suppliers offering online gaming services in India The 'All India Gaming Federation' seeks clarification on these amendments. Impact of Changes on Tax Incidence Recent tax reforms in India's online gaming sector have sparked concerns India's imposition of a 28% GST on contest entry fees and 30% TDS on net winnings sets a harsh precedent India, as an emerging economy with significant digital prowess, risks hindering growth by neglecting

  • Judicial Legislation vis-à-vis International Conventions and Treaties

    relationship between judicial activism, lawmaking, and international conventions and treaties that India History and Current Practices of Such Judicial Activism India is a party to more than one hundred and Since Article 73 of the Constitution of India puts no restriction on the powers of the executive with Even in India, it has been continuously held that no international law would be applicable if it hasn The leading case is: Gramophone co. of India Ltd vs. Birendra Bahadur Pandey.

  • Internet Restrictions in Jammu and Kashmir: Continuing Constitutional Abdication

    Union of India.[1] Although the Apex Court acknowledged that expressing opinions through the internet Union of India (FMP). Union of India, (2020) 3 SCC 637 [2]The Constitution of India, 1950, Art. 19(1)(a) [3]Foundation for from-login=70205 [12]The Constitution of India, 1950, Art. 226 [13]The Constitution of India, 1950, Art Union Of India AIR 1981 SC 344 [16]Government of NCT of Delhi v Union of India (2018) 8 SCC 501 [17]Kalpana

  • Is Hijab Ban in Educational Institutions Unconstitutional?

    Augmenting the Freedom of Expression and Religious Choice Article 19 (1) (a) of the Indian Constitution It was held by Radhakrishnan J. in NALSA v Union of India as “No restriction can be placed on one’s personal Puttaswamy v Union of India, where Chandrachud J. stated that the liberty of an individual to decide Union of India & Ors. that “Even if there are differences of opinion in certain areas, people have to dictating the dress code in educational institutions, which could lead to a serious religious divide in India

  • Revisiting Morality v. Legality in Light of Conflicting Judgements

    debate seems to have been laid to rest with the positivist approach emerging as triumphant in the West, India In multicultural India, this has, however, created a flawed system where inconsistencies with moral and The social and moral fabric of traditional India has viewed such relations as moral in multiple instances principles and moral authority leads to the question of what normative validity is in 21st-century India As India attempts to reach the jurisprudential ideal, the balance between law and morality must be trodden

  • Constitutional Imperatives: Addressing Marital Rape within Legal Frameworks

    conventions aimed at addressing marital rape, along with the legislative and judicial landscape in India Globally, more than a hundred governments have made marital rape illegal, although India still struggles As a member state, India is prohibited from derogating from any fundamental rights outlined in Article The supreme law of the country is the Constitution of India. In India, Section 375 of the IPC lays down the definition of rape.

  • The Verdict Is In: Decoding The Arvind Kejriwal's Bail Case Controversy

    Some provisions in Indian criminal law operate on this concept, even if they are not expressly stated right to personal liberty given to an arrested person, flowing out of Article 21 of the Constitution of India right to personal liberty given to an arrested person, flowing out of Article 21 of the Constitution of India Union of India, have ruled that the ability to be released on bond is a basic right. For instance, the Supreme Court of India granted temporary release to Arvind Kejriwal during the Lok

  • Bodily Autonomy in Adoption and Surrogacy

    The judgment of Shabnam Hashmi vs Union of India provided adoption as a  Fundamental Right. Key Laws Governing Adoption in India Introduction to Surrogacy Surrogacy is a contractual reproductive Domestic Laws on Surrogacy The key enactment in India that focuses on the aspect of surrogacy is “The Key Case Laws on The Aspect of Surrogacy In India Baby Manjhi Yamada vs Union of India In this instance Ikufumi Yamada and his wife, travelled to India for surrogacy purposes.

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