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133 items found for "constituion of india"

  • Breaking Chains: Tribal Women and The Call for Equal Succession

    Tribal women in India grapple with a historical injustice as tribal customary laws frequently strip them This exclusion has been officially communicated under Article 342 of the Constitution of India. While STs aren't explicitly excluded from the Indian Succession Act, Section 3 grants states the power ST women lack equal entitlement, evident in the All-India Report on Agricultural Census 2010-2011, with universal rights, and cultural sensitivities is crucial for improving the status of tribal women in India

  • NRC: A Matter of HUMANITY, EQUALITY and SECLUSION

    Abstract The NRC (National Register of citizens of India) helps the Indian government to maintain a record of the real citizens of India which can further help the government in the future implementation of the fundamental rights of the citizens and how this discrimination can leave a detrimental impact in India The constitution of India guarantees to its citizens the right to equality under article 14 and prevents The condition of India can also be worst when lakhs of immigrants are forced to leave the country.

  • National Food Security Act: An Analysis

    Authored by Raj Krishna* & Sagarika Swapnil** Introduction The concern of food security in India is not Post-independence the situation did not improve as India relied a lot upon the food grains which they 2000, the People’s Union for Civil Liberties (PUCL) filed a writ petition before the Supreme Court of India The state government is forced to buy food grains from the Food Corporation of India at a price above Conclusion and Suggestions The Covid-19 pandemic has turned the Indian as well as global economy upside

  • The Impact of Anti–Defection Law on the Legislatures

    One of the significant incidents that hit India's political history and left a mark on it happened after References [1] INDIA CONST., arts. 101, 102, 190, 191 [2] G.C. MALHOTRA, ANTI-DEFECTION LAW IN INDIA AND THE COMMONWEALTH (Lok Sabha Secretariat, 2005). [3] Javed M Union of India, AIR 1994 SC 1558 [6] Kihoto Hollohon v. Union of India, AIR 1994 SC 1558 [9] G. Vishwanathan v.

  • Navigating Maintainability of Writ Petitions in Contractual Breaches

    Ltd., the Hon’ble Supreme Court of India held that a Writ Petition cannot be maintained if the issue Ajai Pal Singh, it was clearly established by the Hon’ble Supreme Court of India that a Writ Petition Indian Oil Corporation, the Hon’ble Supreme Court of India held that once a Government authority has This flow was abruptly disturbed by the judgment of the Hon’ble Supreme Court of India in the matter Export Credit Guarantee Corporation of India Ltd., wherein the Court held that a party to a contract

  • Reflections on Supreme Court’s Verdict in Perarivalan’s Mercy Petition

    Authored by Raj Krishna* & Sagarika Swapnil** On May 18, 2022, a three-judge bench of the Supreme Court of India The Indian Apex Court invoked Article 142 of the Constitution and ruled that there has been an inordinate It is pertinent to note that in the year 2014, the Supreme Court of India commuted the death sentence argument that only President has the power to grant remissions in cases pertaining to Section 302 of the Indian this judgment, has reaffirmed the fact that the right to seek mercy under Articles 72 or 161 of the Indian

  • The Pegasus Case: A New Chapter in the Privacy Saga

    Union of India (UOI) and Ors.[1], the Supreme Court of India held that the Right to Privacy is guaranteed Union of India (UOI) and Ors[4]. There is currently no explicit legislation in India addressing data protection or privacy. regulations in India. Union of India (UOI) and Ors., AIR 2017 SC 4161. [2] M.P. Sharma & Ors. v.

  • Navigating the Legal Landscape: The Doctrine of Legitimate Expectation

    Article 22 of the Indian constitution is somewhat in line with this expectation. Time and again, the Supreme Court of India has confirmed the same. Supreme Court of India has applied this doctrine to various domains ranging from statutory laws to public In 1957, the Government of India set up the 2nd Pay Commission Committee, whose recommendations were doctrine of legitimate expectation is not a legal right and is nowhere mentioned in the constitution of India

  • Post Tenure Engagement of Retired Judges

    Krishna Iyer, former judge, Supreme Court of India The constitution on India holds certain provisions Comparative Analysis Among Common Law Countries: India, USA & UK Independence of judiciary is crucial As India has consciously acknowledged the fact that judges’ retirement related provision might bring India’s stand on blocking re-entering to practice is desirable. Supreme Court Of India, (2018) 8 SCC 396 [15] Ibid [16] Constitution of U.S.A., Art. III

  • Eviction of Delhi Slum Dwellers - Urban Rights of the Marginalized in Limbo

    [xi].Moreover, India being a welfare state, expounds an obligation upon the government to constantly Union of India & Ors. [iv]Article 21, Constitution of India, 1950. [v]Article 19(1)(d), Constitution of India, 1950. [ix]Article 19(1)(e), Constitution of India, 1950. [x]Supra v. [xi]K. Chandru Vs. Union of India &Ors., W.P.(C) 11616/2015. [xiv]ICESCR, Art. 11(1). [xv]UDHR, Art. 25(1).

  • Is the Contempt Law Protecting Administration of Justice or the Court's Dignity?

    A number of legislations followed by India are a legacy of the British colonial era. The law of criminal contempt is one such law whose validity and efficacy India has ignored to evaluated The Supreme Court of India, on August 14, 2020, charged Advocate Prashant Bhushan guilty of criminal second tweet stated that, looking back, the historians would see how the democracy was destroyed in India Criminal Contempt law in India has been shrouded with a certain amount of ambiguity as it mostly depends

  • Call for Blogs: The Society For Constitutional Law Discussion

    Themes Facial Surveillance and Constitution of India Constitutional exploitation and its concern: An evaluation Enforcement of International laws in Indian Constitutional Framework Transgender athletes and the Indian Constitution New Dimensions of judicial review Right to Self Determination and the Indian of Press - Desirability of External Regulation Protection of Human Rights Through Judicial Activism Indian Federalism – Issues and Challenges Women Rights under Indian Constitution Note: The Themes provided

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