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136 items found for "Article 15(4)"
- EWS Reservation In India: A Blow To Social Justice?
The article shall first look into the intended beneficiaries of Articles 15 and 16 of the Constitution The Constitution was amended to include two new articles: Article 15(4) and Article 16(4) . Under Article 15(4), the state was allowed to make specific provisions for the advancement of ‘socially State of Mysore , the Court clarified the criteria for identifying backwardness under Article 15(4). 15(4).
- Article 13: Defining the Law
Article 12 and 13 were introduced to keep the belief of people in state. Doctrine of Severability (Article 13(1)) Article 13(1), it is mentioned that the pre-constitutional law Judicial Interpretation of Article 13(3) AK Gopalan v. competent authority which violates the principle of natural justice and there is no safeguard against it. [4] References [1] AIR 1950 SC27 [2] 1959 AIR 648 1959 SCR [3] (2000) 10 SCC 664 [4] AIR 1950 SC27 [5] (1976
- The Debate of Sub-Categorization within SC/ST: A Short Note
sub-classify the Scheduled Castes in a state for the purpose of reservation, or is it a violation of Articles and their sub-division for apportioning reservation proportionately would result in the violation of Article The President of India, under Articles 341(1) and 342(1), specifies the list of the castes, race, tribes The states may not tinker with this list, however, under Article 15(4), they are empowered to make special The concept of Creamy Layer Article 16(4A) of the Constitution empowers the State to make reservations
- Article Writing Competition: The Society For Constitutional Law Discussion (Deadline Extended)
The Society for Constitutional Law Discussion (TSCLD) is hosting an Article Writing Competition, open Articles beyond the word limit will be disqualified. Registration Fees There is no registration fee for the Article Writing Competition. The new deadline for the article submissions is now December 7, 2023. Ishita Chandra, Event Coordinator E: articles@tscld.com Download
- Article 12 of the Constitution of India: Brief Analysis of Its Constitutional Jurisprudence
Hence, Article 12 was incorporated defining the term “State” per se as the very first Article of Part The term “state” now defined in Article 12 of the Constitution of India was introduced as Article 7 in One is in Article 1 and the other is in Article 7. Article 1 defines the territory of the State. [4] The Concept Of State Action Under Article 12 Of The Indian Constitution, 95, https://shodhganga.inflibnet.ac.in
- Breaking Chains: Tribal Women and The Call for Equal Succession
Emphasizing the constitutional right to equality enshrined in Articles 14 and 21, the Court asserted in this Act shall apply to the members of any Scheduled Tribe within the meaning of Clause (25) of Article This exclusion has been officially communicated under Article 342 of the Constitution of India. The Court found it undesirable to declare tribal customs in violation of Articles 14, 15 and 21 A of
- Reproductive Rights Under Indian Constitution
14 and 15) and the right to life (Article 21) which, through judicial interpretations, is understood Reproductive Rights under Article 21 Albeit India being one of the first countries to legislate legal The court observed these policies to be violative of women’s fundamental right to life under Article Further, Articles 11, 12 and 14 of the CEDAW provides that the States must take necessary actions to Similarly, as per Article 12(1) of the ICESCR, the member states have consented to afford the right to
- Is Regulating the News Channels a Violation of Article 19?
speech and expression is guaranteed to all the citizens by the Constitution of India enshrined under Article Article 19(2) states that “Nothing in sub-clause (a) of clause (1) shall affect the operation of any Article 19 vis-à-vis News Channels in India The press or news channels in India have no special rights be imposed on them are similar to how individual rights are subject to reasonable restrictions under Article Article 19(1)(a) does not entitle or give a license to incite hatred towards a person or community.
- Scope and Ambit of Article 31C of the Indian Constitution
Rights in Article 14, 19. The first part of Article 31C is similar to Article 31A insofar as it gives protection to a law from challenge under Article 14, 19, - namely, a law giving effect to the Directive Principles in Article 14, Article 19 or Article 31. The first part of Article 31C being valid, if a law fulfills the requirement of Article 31C it would
- Revisiting the 10th Schedule: The Necessity to Reform India's Anti-Defection Law
Independent Mechanism for Deciding Disqualification Petitions Article 103 of the Constitution, which provides for the deciding authority for disqualification of legislators on general grounds listed in Article The Tenth Schedule makes the Speaker the sole adjudication authority, whereas Article 103 decentralises Notably, Bangladesh entrusts its Election Commission with defection matters under Article 66(4) of its This article states that the Speaker must refer the disqualification proceedings to the Election Commission
- Bodily Autonomy in Adoption and Surrogacy
Right to Bodily Autonomy-Intl In the International scenario, Article 3, Article 5 and Article 12 of the These articles focus on the following aspects: In McFall v. Both these stem from Article 21 of the Constitution, which deals with fundamental right to protection of right and personal liberty as well as with Article 14 (Right to Equality), Article 15 (which prohibits International Principles and Articles Universal Declaration of Human Rights (UDHR): Article 3 of the
- Internet Restrictions in Jammu and Kashmir: Continuing Constitutional Abdication
He also noted that Article 226[12](akin to Article 32) bestows the constitutional duty upon the High This, barring suspension vide Article 32(4)[13], calls for the duty of the Supreme Court to enforce the the spirit of Article 32 becomes imperative accordingly. Article 32(1) of Indian Constitution states that: The right to move the Supreme Court by appropriate The duty under Article 32 is part of the basic structure[15], which means the remedial nature of Article