Latest from Constitutional law

Judicial Perspectives: Expanding the Meaning of State Under Article 12

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Article 12[1] of the Indian Constitution, State means the Government and Parliament of India, and the Government and Legislative Assembly of every State, and any local authority or other author...

The Significance Of Fairness And Judicial Autonomy In India: Independence Of ...

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Representing the source upon which judges should be independent in order to grasp the possibility of lawful freedom is essential. Though the idea of lawful freedom is unique and may be describe...

Inter-Religion Hate Speech In India: Regulation Of Publications In Indian Law...

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In recent times, religion has been considered as the center for a hostile idea or target the individual for initiating communal violence in society. For the same reasons that all hate speech pr...

The High Court's Contempt Rules: Safeguarding Justice And Upholding Judicial ...

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Contempt of court encompasses actions that disregard, disrespect, or interfere with a court's authority and its judicial processes. This violation, often defined within legal structures such as...

Arnab Goswami v. Union of India: Supreme Court on Freedom of Press, Multiple ...

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Arnab Ranjan Goswami v. Union of India & Ors, AIR 2020 SC 2386 Coram: J. D.Y. Chandrachud and M.R. Shah. Facts Of The Case The Petitioner is the Editor-in-Chief of the English television n...

Evolution Of Indian Federalism From Ancient To Contemporary

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What is federalism?Imagine a state with a dense population with geographic disadvantages and demographic challenges with various barriers like cultural, religious and linguistic barriers, where...

End-Of-Life Decisions And Euthanasia

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Introduction and definitions: Sir Francis Bacon , an English Philosopher and Statesman coined the term Euthanasia in the 17th century. He used this term to describe the physician's responsibil...

Right to Health as a Fundamental Right in India: Constitutional Mandates, Jud...

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The Indian constitution does not explicitly state health rights but courts interpret it to form an important fundamental right based on constitutional principles. The massive economic differenc...

Constitutional Flaws in Afzal Guru's Execution: Uncovering Legal Loopholes

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The execution of Mohammad Afzal Guru in 2013 for the 2001 Parliament attack raises serious questions about constitutional rights in India. This article examines legal loopholes in the trial, me...

The Constitutional Vacuum In Digital Governance: A Case For Recognizing Algor...

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The Constitution of India, while crafted in the mid-20th century, has demonstrated remarkable adaptability to evolving technologies. However, in the era of algorithm-driven governance — where...

Delimitation In India: A Necessary Tool Or A Source Of Controversy?

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Delimitation refers to the legal and administrative process by which territorial or jurisdictional boundaries are established or redefined, particularly for purposes of representation and gover...

Judicial Review And Its Impact On Democratic Governance

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This article delves into the connection between judicial review and democratic governance in India. It explores the development and constitutional foundations of review, emphasizing its crucial...

Interpretation of Statutes in India: Bridging Legislative Intent and Judicial...

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In the Indian system of distribution of power, power is distributed horizontally amongst legislative, executive and judiciary. The legislature is given the duty of making laws, executive for en...

From Passive To Active: The Shifting Legal Paradigms Of Euthanasia In Contemp...

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The discourse surrounding euthanasia represents a critical intersection of constitutional rights, medical ethics, and human dignity. This research paper examines the evolving legal perspecti...

Some Important Concepts In Jurisprudence

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What is a Right? Theories of RightsA right, in its most basic sense, is a justified claim or entitlement that an individual or a group holds against others or society. It implies a correspondin...

Can The President Be Forced To Seek Supreme Court Opinion On A Bill Under Art...

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Executive Summary This Article examines whether the President of India can be compelled to seek the Supreme Court's advisory opinion on a bill under Article 143 of the Constitution, in light o...

Gender Bias In The Legal System

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"When justice is blinded by bias, the strongest shoulders bear the weight of unspoken pain and words and the bravest hearts hide their deepest scars ". Abstract This article examine...

Gandhian Philosophy and the Indian Constitution: Realizing the Idea of Social...

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This paper explores the profound influence of Gandhian philosophy on the Indian Constitution, particularly in the context of realizing social justice. Mohandas Karamchand Gandhi's principles of...

The Doctrine Of Constructive Notice: A Critical Analysis

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The doctrine of constructive notice is a foundational principle in company law, which aims to balance transparency and diligence in corporate affairs. While it has its roots in the desi...

Public Interest Litigation (PIL) in Indian Law: Concept, Evolution & Key Judg...

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Public Interest Litigation (PIL) Public Interest Litigation (PIL) means a case or petition filed before a court to protect, safeguard or enforce public interest. Public Interest means th...

Right To Information Act, 2005 And Privacy Rights: Evaluating Procedural And ...

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A difficult part of rulings has frequently been balancing the public's right to know with an individual's right to privacy. These disagreements are strengthened by the Right to Information Act ...

Role of Morality in Jurisprudence

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This paper ventures into the labyrinth of morality and its intricate relationship with jurisprudence - exploring how morality has both shaped the law and, at times, been cast aside by it. Striv...

Public Interest Litigation: Justice Beyond the Individual

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What is PIL?Public Interest Litigation is a legal mechanism that allows into visuals or groups to file law suits in a court of law not for personal gain, but to protect or enforce rights that a...

Regulations And Legal Status Of Lok Adalats In India

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Lok Adalats, also known as "People's Courts," represent a significant alternative dispute resolution (ADR) mechanism within the Indian legal system. These forums offer a platform for ...

What Is Law? Different Viewpoints Of Austin's Theory Of Law And Salmond's Def...

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There is no uniform or single definition of 'Law'; nobody can define what Law is in a watertight compartment because Law is undefinable. Law constantly changes from place to place, time to time, ...

Understanding the Writ of Quo Warranto: Legal Principles and Landmark Case Laws

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Quo Warranto: In the literal sense, it means 'by what authority or warrant'. It is issued by the court to enquire into the legality of claim of a person to a public office. The object of the w...

Doctrine of Severability in Indian Law: Safeguarding Fundamental Rights While...

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It is not the whole Act which would be held invalid for being inconsistent with Part III of the Constitution but only such provision of it, which violates the Fundamental Rights, provided that the ...

Will Justice Yashwant Verma Be The First Judge In The Indian Judiciary To Be ...

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Justice Yashwant Verma, a judge of the Hon'ble Delhi High Court, recently came under scrutiny following allegations regarding the discovery of illicit cash at his residence after a fire inciden...

The Privacy Paradox: How The DPDP Act's Section 44(3) Threatens The Soul Of T...

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In 2005, the right to information (RTI) Act emerged as a pillar of hope for Indian democracy, empowering citizens to hold powers accountable. Nearly two decades later, a new shadow looms over t...

Does the right to die equal the right to life?

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This article explores on the intricacies of 'right to life' and 'right to die' under article 21 of the Indian Constitution. It clarifies on the contemporary ambit of article 21 and seeks to con...

Law and Social Theory: Perspectives by Henry Maine, Savigny, and Max Gluckman

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Law and society are deeply interconnected, evolving alongside cultural, political, and economic structures. Theories by Henry Maine, Friedrich Carl von Savigny, and Max Gluckman provide diverse...

Right To Freedom Under Article 19 Of The Indian Constitution

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The recognition of fundamental rights within the Constitution was driven by the understanding that individual freedoms are indispensable for the development of personal identity and the preserv...

Synergy Of IPR And Fundamental Right

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Intellectual Property Rights (IPR) and Fundamental Rights often intersect, raising important legal and ethical questions. While IPR grants exclusive rights to creators and innovators, it must b...

RTI in Jammu and Kashmir: A Tool for Justice or a Symbol of Struggle?

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The Right to Information (RTI) Act, 2005, is more than just a law—it is a beacon of hope for ordinary citizens seeking transparency and accountability in governance. In Jammu and Kashmir, a r...

Case Analysis of M Nagaraj v/s Union of India

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Case Analysis of M Nagaraj v/s Union of India Citation: 2006 8 SCC 212; Writ Petition (Civil) 61 of 2002 Petitioner: M. Nagaraj & Others Respondent: Union of India & Others Cour...

Cash Grants Whether Reservation: Economic And Social Impact

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Reservation and Cash Grants Method of Effecting Reservation The method of effecting reservation i.e. to have data on the socio-economic status of a person or class of pers...

Is The Reservation Only Solution To Promote Equality

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As Azadi ka Amrit Mahotsav ,we are commemorating our 75th anniversary of independence today, and our goal is to become a developed nation by 2047. However ,we need a system that requires seat t...

Electoral Bonds: Supreme Court's Intervention Upholds The Fundamental Tenets ...

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The Supreme Court's ruling in Association for Democratic Reforms v. Union of India (February 2024) striking down the Electoral Bonds Scheme is a significant step toward ensuring transparency in...

Act Protest In Opposition To The New Amendment Bill

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Due to worries about the potential negative effects on lawyers' rights and independence, the Indian legal community has erupted against the proposed revisions to the Advocates Act 1961. These r...

Judicial Review: A Cornerstone of Constitutionalism

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Judicial review, the power of courts to examine and invalidate laws and executive actions that violate a constitution, stands as a fundamental pillar of modern constitutional democracies. It en...

Interplay Between The Executive, Legislature, Judiciary

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The doctrine of separation of powers is a fundamental principle in the Indian constitutional framework, ensuring a system of checks and balances among the three organs of government—the Legis...

What Has Been The Role Of Indian Judiciary In Expanding The Horizon Of Access...

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Since gaining independence in 1947, India has established itself as a democratic republic where the judiciary is entrusted with the responsibility of upholding constitutional values and ensuring ...

Internal Aids To Interpretation Of Statutes Assist With Respect To Ambiguity

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The interpretation of statutes plays a crucial role in the application of law, ensuring that legislative intent is accurately understood and enforced. However, the language of statutes is not a...

The Constitutional Right to Shelter: Legal Mechanisms for Ensuring Affordable...

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Urbanization is a significant factor in promoting economic development and social progress, yet it also brings considerable challenges, particularly in providing sufficient and affordable housi...

Financial Stewards: State Legislatures Command Of Appropriation Oversight

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The definition of "appropriating funds" makes it sound simple. The appropriation process is not entirely straightforward in practice. Budgeting involves both the legislative and execu...

CAA-NRC And Idea Of Citizenship As Per Indian Constitution

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When asking a layman, about what 'citizenship' means, one could expect answers like, a sense of belongingness to a nation, or a membership of a nation, but legally, citizenship is a status, by ...

Examining Constitutional Morality Enhanced by Artificial Intelligence: A Stud...

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This study investigates the influence of artificial intelligence (AI) on constitutional morality, focusing on how AI promotes constitutional advancement while adhering to democratic values such...

Regional Perspectives On Internet Shutdowns: Jammu & Kashmir And Beyond

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Internet shutdowns have become an increasingly common tool used by governments around the world to control information flow and suppress dissent, particularly in times of political unrest or co...

Ex Proprio Vigore: Understanding By Its Own Force In Law

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The Latin phrase "ex proprio vigore" translates to "by its own force" or "of its own strength." In law, it describes a rule or provision that becomes effective aut...

Speedy Trial In India: Challenges And Measures

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Speedy justice is a fundamental tenet of any democratic society, ensuring that citizens can access justice in a timely manner. In India, the quest for swift and efficient justice has been a lon...

Inter Arma Silent Leges: In Times of War, The Laws Are Silent

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"Inter Arma Silent Leges," a Latin phrase meaning "In times of war, the laws are silent," encapsulates the conflict between the rule of law and the urgent demands of war or ...

The Right To Privacy And Sharenting: Balancing Parental Choices And Children'...

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In the digital age, where every moment of our lives can be captured, shared, and stored indefinitely, the intersection of the right to privacy and the growing phenomenon of sharenting has emerg...

The Role Of Supreme Court Judgements In Shaping Indian Democracy

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The Supreme Court of India has been a cornerstone of democracy, serving as the guardian of the Constitution and the protector of fundamental rights. Its judgements have had a profound impact on...

Introduction To Fundamental Duties Under Article 51(A)

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Introduction to Fundamental Duties under Article 51(A)The Fundamental Duties, enshrined in Article 51(A) of the Indian Constitution, serve as moral obligations for every citizen, encouraging them...

The Invincible Journey Of Indian Republic: Past, Present And Future

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It was January 26,1950, a day chosen because of historical connect, a wave of pride swept through the nation as Dr. Rajendra Prasad unfurled the tricolour at Rashtrapati bhavan, marking the birth...

One Nation One Election: The Road to India's Efficient Governance

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In India, there is always an election happening across various states and union territories due to which the governance, policy making and its implementation comes to a grinding halt. To addres...

Euthanasia And The Right To Die With Dignity

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Euthanasia or mercy killing refers to ending a person's life, who has been suffering from some life-threatening disease and is in a vegetative state. This is usually done when the person suffer...

The Class Immunity Doctrine: Protecting Officials, Balancing Rights

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What is Class Immunity?The class immunity doctrine shields certain public officials from lawsuits arising from their official duties. This legal protection allows officials to perform their jobs wi...

What Is Missing In Our Legal System

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From the days of law college, I used to think- what is there in law, which is ours. You see any concept, any theory, any dogma. All of it is Western. According to a study, during the historical...

Contempt Of Court In India And It's Statutory Provisions: An Analysis

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"The Contempt in ordinary sense means to insult, disgrace or dishonour something, and when the insult is of a Court or Tribunal or any other judicial organ of the nation, that it tantamount to ...

One Nation, One Election: Transforming India's Democracy for Better Governance

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One Nation One Election is one of the emerging topic in India which requires a change in the structure of conducting elections within India.The main motive behind this concept is to conduct a s...

Influence of the Quran on Contemporary Legal Systems

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The Quran, Islam's sacred text, has significantly shaped legal frameworks globally, especially in Muslim-majority areas. Its impact manifests in numerous ways: Sharia law, derived from the Qura...

Ambiguity in Statutory Language

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The law, once designed to ease and enhance the day-to-day living of humans is now one of their biggest hurdles, ironically, the more it eases our living the more ambiguous and difficult it gets...

Doctrine Of Election: A Pillar Of Fairness In Property And Contract Law

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The doctrine of election is a fundamental legal principle, particularly significant in property and contract law. It arises when an individual has to choose between two mutually exclusive right...

Balancing Free Speech and Online Regulation

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The rapid growth of social media platforms has transformed the way individuals communicate, express opinions, and consume information. However, this digital revolution has also brought challeng...

Right to Reside in any Part of India: Constitutional Provisions and Judicial ...

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The right to reside in any part of India is a fundamental freedom guaranteed to all citizens, directly stemming from Article 19(1)(e) of the Constitution of India. This right holds paramount im...

The Different Doctrines Of Article 13

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The Indian Constitution which came into force on 26th November, 1949 has different articles, schedules and parts so far. It has 448 articles 25 parts and 12 schedules up to date and this is the...

The Letter of the Law v/s The Spirit of the Law

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Legal interpretation involves two fundamental approaches: "the letter of the law" and "the spirit of the law." The former emphasizes a strict, literal reading of legal texts...

Is Judiciary a Part of State under Article 12 of the Indian Constitution?

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The Indian Constitution enshrines the concept of the "State" under Article 12 to ensure the protection of fundamental rights from infringement by entities wielding sovereign power. Ho...

Epictetus: An In-Depth Exploration of His Philosophical Insights

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The philosophy of Epictetus is firmly anchored in Stoic thought, emphasizing the critical distinction between what lies within our control and what does not. His teachings provide a framework f...

The Relationship Between Law And The Dichotomy Of Control

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The relationship between law and the dichotomy of control examines the equilibrium between human agency and societal governance. It examines how individuals' capacity to make decisions interact...

Gender Based Violence In India: Addressing Legal And Social GAPS

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Gender-Based Violence (GBV) refers to harmful acts directed at individuals based on their gender, and it is a widespread problem that transcends borders, cultures, and social strata. GBV is a r...

Elections In India: A Pillar Of Democracy

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Elections form the cornerstone of a democracy, acting as the primary mechanism through which the will of the people is expressed. In a country as diverse and populous as India, elections hold e...

Collective Bargaining And It's Impact On Labour Laws In India

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According to the Encyclopaedia of Social Sciences, "collective bargaining is a process of discussion and negotiation between two parties, one or both of whom a group of persons is acting i...

Freedom Of Speech v/s National Security: Striking The Balance Under Article 19

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The biggest problems in constitutional law are the tension between freedom of speech and national security. Freedom speech and expression is regarded as essential to both individual liberty and...

Empowering Women In Politics: A Step Toward Gender Parity In India

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Gender parity in politics is essential for the development of an equitable and inclusive society. In India, where women constitute nearly half the population, their representation in political ...

A Critique On Right Against Exploitation In India

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Exploitation is a major crisis in India. Exploitation can be of labor exploitation, sexual exploitation, etc. are considered to be illegal in India. It is mostly seen that the poor ones are oft...

Revisiting Reservation Laws: Balancing Equity and Merit in Modern Society

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Alimony, often referred to as maintenance, is a crucial aspect of divorce proceedings, designed to ensure financial stability for the dependent spouse post-separation. In India, alimony is comm...

Revisiting Reservation Laws: Balancing Equity and Merit in Modern Society

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Reservation laws in India have long been a topic of intense debate and discussion. Enacted as a means to uplift marginalized communities and bridge historical inequities, these policies have pl...

Union Territories Laws (Amendment) Bill, 2024: A Step Toward Electoral Synchr...

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The Union Territories Laws (Amendment) Bill, 2024, introduced in the Lok Sabha, seeks to amend key legislative acts governing Union Territories in India—the Government of Union Territories Ac...

The Doctrine of Necessity: A Critical Examination of Its Application and Impl...

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The Doctrine of Necessity serves as a notable exception to the established principle of Natural Justice, which generally forbids individuals from adjudicating their own disputes due to the risk...

Generalia Specialibus Non Derogant: Superiority of Special Law Over General Law

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The Latin legal maxim "Generalia specialibus non derogant," which means "the general does not derogate from the specific," embodies a crucial principle in law. This doctrine...

The Right To Privacy In Digital Era

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"In the digital age , our personal data is the new currency , and we must protect it with the same vigor as we protect our financial assets." – Tim Cook Abstract This paper would like to ...

Colourable Legislation: Legal Maxim, Judicial Insights, and Challenges to Sep...

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Quando aliquid prohibetur ex directo, prohibetur et per obliquum What cannot be done directly cannot be done indirectly Colourable legislation refers to laws or regulations that, while appearin...

Samatha v/s Andhra Pradesh (1997): A Landmark Judgment Shaping Tribal Rights ...

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Samatha v. State of Andhra PradeshIn 1997, the landmark judgment of Samatha vs. State of Andhra Pradesh reshaped the landscape of tribal rights in India. Upholding the claims of a social action ...

Article 32: Right To Constitutional Remedies

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Articles 32 of the Indian Constitution constitute the Right to Constitutional Remedies, which is regarded as the very foundation of the Constitution itself, The statute offers citizens the ab...

The Finance Commission of India: The Balancing Wheel of Fiscal Federalism

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The Finance Commission of India, established under Article 280 of the Indian Constitution, epitomizes the constitutional commitment to ensuring fiscal equity in a federal framework. With a quas...

Commercialization of Education and Its Impact on Fundamental Rights

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The commercialization of education refers to the increasing tendency of educational institutions, particularly private ones, to treat education as a commodity rather than a public good. This sh...

Review On Caste, Untouchability And Social Justice: Early North Indian Perspe...

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"When The Blood That Flows In All Human Beings Are The Same Then Why Should There Be A Scope Of Discrimination Based On Their Caste Or Creed" - -  Anonymous Musing about the societ...

Balancing Faith And Uniformity: A Critical Analysis Of The Hijab Ban Judgment...

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The question of whether personal faith can coexist harmoniously with institutional regulations has emerged as a critical point of contention in modern constitutional jurisprudence. In India, a ...

The Expansive Horizon of Article 21: Safeguarding Life, Liberty, and Dignity

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"No person shall be deprived of his life or personal liberty except according to the procedure established by law". Article 21 of the Indian Constitution guarantees the fundamental right to li...

Federalism v/s Unitarism: A Comparative Analysis

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Federalism and unitarism are two major forms of political organization used by nations around the world. While both systems deal with the distribution of powers between central and regional aut...

The 42nd Amendment: The Constitution's Turning Point In India's Democratic Jo...

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On December 18, 1976, President Fakhruddin Ali Ahmed approved the Constitution (Forty-Second Amendment) Act, 1976. The Bill had earlier passed in the Lok Sabha on November 2 and the Rajya Sabha...

Live-In Relationships in India: Legal Evolution, Societal Perceptions, and Ch...

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This paper examines the evolution, legal framework, and societal perceptions of live-in relationships in India. Despite being controversial in a culture where marriage is a sacrosanct instituti...

Uniform Civil Code in India: Bridging Equality and Tradition Amidst Legal Cha...

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The Uniform Civil Code (UCC) in India is a proposed legal framework intended to replace the personal laws associated with different religions, establishing a single set of laws applicable to al...

Reviewing the challenges and limitations associated with Article 19

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Freedom of speech and expression is one of the fundamental rights any nation can give its citizens. That is why Article 19(1)(a) of the constitution of India provides for the said right. This r...

Interpretation Of Statute: Principles, Rules And Applications In Indian Law

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What is Interpretation? Interpretation: The word "interpretation" is derived from the word "interpret," which means to explain, translate, expound, or under...

Book Review Of: The Power Of Raisina Hill: The Constitutional Position, Funct...

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In addition to Article 53, which grants the President all executive powers of the Union Government, including the supreme command of the country's defence forces, several other provisions outli...

Aligarh Muslim University Minority Status Case: A Timeline and Legal Analysis

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The legal determination of the minority status of Aligarh Muslim University (AMU) has been a contentious issue spanning decades, intertwining constitutional principles, legislative amendments, ...

The Evolution of India's Election Commission: Landmark Judgments and Constitu...

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In the Indian Constitution, part XV (Articles 324 to 329) deals with the Election Commission of India. It is an autonomous constitutional body responsible for conducting elections and has the p...

Liberty in Limbo: A Constitutional Perspective on Preventive Detention

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This paper explores the contentious practice of preventive detention within the framework of the Indian Constitution, particularly under Article 22, which provides procedural safeguards for ind...

Impact of Judicial Activism on Indian Democracy: A Critical Analysis

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Indian Polity is structured in a manner that horizontally divides the organs of government, into three institutions responsible for different functions i.e., Legislature, Executive, and Judicia...

Understanding the Indian Constitution: Its Framework and Core Principles

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The Indian Constitution is a comprehensive document that provides the legal and institutional framework for governance in the country. It establishes the fundamental principles that define the ...

Social Constructivism: A Pillar of Democratic Spirit in Legal and Jurispruden...

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Social constructivism1, a theory that originated from sociology and epistemology, holds that reality is not an absolute object, as it is constructed through interaction, discourse, and communic...

Uniform Civil Code in India: Promoting Equality, Gender Justice, and National...

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The Uniform Civil Code (UCC) has been a longstanding and complex issue in India's legal and social landscape. Its implementation has been a subject of debate and controversy for decades. The di...

Morality And Ethics In Constitution And Politics

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Constitutional morality in its strictest sense of the term implies strict and complete adherence to the constitutional principles as enshrined in various segments of the document. When a countr...

Article 356: Legal Framework, Judicial Review, and Constitutional Safeguards ...

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The power to dissolve the Legislative Assembly can be considered implicit in clause (1) of Article 356. It must be held, with regard to the overall constitutional framework, that the President ...

Abolition of the Zamindari System in India: A Legal Analysis

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The Abolition of the Zamindari System in India marked a pivotal moment in the nation's agrarian history, necessitating a nuanced legal analysis. This study scrutinies intricate legal dimensions...

The Complex Land of Cyber Laws and Freedom of Speech in India: The Role of So...

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The evolution of social media has altered the communications landscape, making it possible to share thoughts and ideas across the world. The advent of this freedom raises questions about the re...

Free Legal Aid in India: Constitutional Right, Challenges, and the Path to Eq...

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Free legal aid is a constitutional right in India, aimed at ensuring access to justice for all citizens, particularly those who are economically and socially disadvantaged. The concept is roote...

Human Sacrifice and Witch Hunting in India: A Legal Perspective on the Strugg...

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Human sacrifice is the act of killing one or more humans as part of a ritual, which is usually intended to please or appease gods, a human ruler, public or jurisdictional demands for justice by...

State of Punjab v/s Davinder Singh: Supreme Court’s Verdict on Affirmative ...

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State of Punjab v. Davinder Singh: Sub-classification within Scheduled Castes Introduction and Background of the Case The Supreme Court's approach to affirmative action witn...

Due Process Of Law And Substantive Doctrine

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The 'procedure established by law' was firstly interpreted as 'procedure prescribed by the law of the state'. It is mentioned U/A 21 of the constitution . Article 21: "Protection Of Life And...

A.K. Gopalan v/s Madras: Key Case on Preventive Detention and Personal Libert...

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A.K. Gopalan vs. State of Madras [1950] SCR 88The A.K. Gopalan vs. State of Madras case is a significant Indian constitutional law case, involving the interpretation of fundamental rights. The ca...

Association for Democratic Reforms v/s Election Commission of India (2023): A...

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The Supreme Court of India's decision in Association for Democratic Reforms v. Election Commission of India (2023) represents a significant development in the discourse surrounding the transpar...

Sita Soren v/s Union of India: Supreme Court's Landmark Verdict Against Bribe...

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The Indian Supreme Court's recent decision in Sita Soren v. Union of India reiterates that lawmakers do not enjoy immunity under Article 194(2) of the Constitution in cases involving bribery, t...

Revisiting the Right to Be Forgotten in the Era of Blockchain

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In today's digital age, the "Right to Be Forgotten" represents a fascinating evolution of personal privacy rights. Once, privacy was as simple as closing a door; now, it has expanded ...

Article 21's Impact on Death Penalty Law in India

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Landmark Judgments: Article 21 clearly highlights the Founding Fathers' recognition of the State's right to deprive a person of life and personal liberty, provided it is done in accordance wit...

S.R. Bommai v/s Union of India: A Landmark Judgment in Constitutional Law

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The S.R. Bommai v. Union of India case is a judicial milestone that redefined the contours of federalism, secularism, and democracy within the Indian constitutional framework. In this landmark ...

The Landmark Case of Union of India v/s Association for Democratic Reforms, (...

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This article explores the pivotal case of Union of India v. Association for Democratic Reforms, (2002) 5 SCC 294, which redefined the principles of transparency and accountability in Indian ele...

Article 393: The Name and Essence of the Indian Constitution

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Article 393 of the Constitution of India states, "This Constitution may be called the Constitution of India." While the article may seem a mere formal declaration, it holds profound i...

How an RTI Works? Filing, Its Importance and Need: A Complete Guide for RTI U...

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The Right to Information (RTI) Act, 2005, is one of the most significant legislations in India aimed at promoting transparency and accountability in governance. It empowers Indian citizens to a...

Study of Article 32 and Article 226 of the Constitution of India

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Articles 32 and 226 of the Indian Constitution represent two of the most powerful judicial tools available to citizens for the enforcement of fundamental rights and legal rights. While Article ...

The Protection of Human Rights under the Indian Constitutional Framework with...

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All people are born with human rights, which are important for preserving freedom, justice, and human dignity in society. The Constitution of India, the main body of legislation governing the n...

Exploring John Rawls' Theory of Justice: Principles of Fairness, Equality, an...

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John Bordley Rawls was an American moral and political philosopher in the liberal tradition. Rawls is considered to be one of the most influential political philosophers of the 20thcentuary. He...

Retrospective Bail Relief for Undertrials: Case Analysis of Re-Inhuman Condit...

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The Indian criminal justice system has long grappled with issues of overcrowding and poor conditions in its prisons, particularly for undertrial prisoners who constitute a significant percentag...

A Detailed Analysis of Re: Berubari Union (1960): Constitutional Interpretati...

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The landmark case Re: Berubari Union and Exchange of Enclaves, AIR 1960 SC 845 serves as a foundational legal reference on the question of territorial cession and sovereignty under the Indian C...

Shankari Prasad Singh Deo v/s UOI (1951): A Landmark Case on Constitutional A...

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The case of Shankari Prasad Singh Deo v. Union of India (1951 AIR 458, 1952 SCR 89) represents a landmark moment in Indian constitutional law. This Supreme Court decision addresses the complex ...

Golak Nath v/s Punjab: A Landmark Judgment and Its Role in Shaping India's Ba...

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The landmark case of Golak Nath vs. State of Punjab, AIR 1967 SC 1643, stands as a monumental judgment in Indian constitutional jurisprudence. This case, decided by an eleven-judge bench of the...

Material Resources of the Community under Article 39(b) of the Constitution w...

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Article 39(b) of the Indian Constitution embodies a vision to prevent the concentration of wealth and ensure fair distribution of resources, which are termed "material resources of the communit...

Linguistic Harmony or Uniformity? An Analysis of the Supreme Court's Rejectio...

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The Supreme Court of India, in its ruling on November 4, 2024, dismissed a Public Interest Litigation (PIL) filed in Kishan Chand Jain vs. Union of India & Anr., W.P.(C) No. 701/2024, which...

Women Reservation Bill: Celebrated Though Shackled Tool Of Equality

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Indian states such as Jharkhand, Maharashtra, Uttarakhand, Kerala, Tripura, and Chhattisgarh have gone on to reserve 50 % of their Panchayat seats for women to ensure their greater participatio...

Bag Of Borrowings: The Study Of Essential Indian Constitution Features In The...

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What Is Constitutional Borrowing?The term 'constitutional borrowing' refers to conjuring an act of original design, such as when drafters of a new charter supplement linguistics from another pe...

Secularism Of Indian Constitution

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The beautiful and unique diversity of India became the centre of the constitutional assembly debates wherein a country that got independence from a two century old British raj and a country tha...

Beyond Privilege: Rethinking the Power of Expulsion in Indian Parliamentary Law

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This paper critically examines the power of expulsion in Indian parliamentary law, challenging its characterization as an inherent privilege of the legislature, as upheld by the Supreme Court i...

The Right to Marry: Insights from Shafin Jahan v. Asokan K.M

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Kavita Krishnan, Women's Right Activist has rightly quoted, "It is not just her freedom to choose, but her physical freedom has also been curtailed. She is effectively a prisoner at her father'...

Case Analysis: Olga Tellis v/s Bombay Municipal Corporation

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Emergence of Second-Generation Rights In the 1980s, a legal battle commenced in the heart of Bombay that profoundly impacted the lives of not only the ones involved but also the entirety of In...

Impact Of The Caste System In India: A Legal Perspective

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The caste system, social ordering process with complex structures, existent in India from a very early period of history, has impacted Indian laws in some or the other manners. This paper analy...

The Landmark Case of Maneka Gandhi v/s Union of India (1978): A Constitutiona...

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The Maneka Gandhi v. Union of India (1978) case is a constitutional milestone that redefined the interpretation of Article 21 of the Indian Constitution. This case, which arose from the arbitra...

The Right to Remain Silent: An In-Depth Analysis of Nandini Satpathy v/s P.L....

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This article meticulously explores the 1978 landmark judgment of the Supreme Court of India in Nandini Satpathy vs. P.L. Dani, a case pivotal in defining the contours of the right to remain sil...

Balancing Tradition and Equality: The Constitution's Role in Everyday Justice

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India is a nation with rich traditions and culture that continue to influence how communities settle disputes or enforce order. They are a part of traditional practices that whatever their faul...

Section 6A and the Changing Face of Citizenship in Assam

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Let's understand one of the most important amendments in our constitution with the help of its historical context to understand its present scenario. In case of [Assam Sanmilita Mahasangha &...

A Critical Analysis On The Declaration Of A Government Company As A State Und...

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A 'Government Company', can be understood as a company that has more than 51% of paid-up share capital held by the Central Government or by any State Government, or partly by the Central and pa...

Unveiling The Privacy Paradox: Personalized Marketing And Article 21 In India

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Are personalized advertisements leading towards the potential breach of the right to privacy? Is tailored marketing paramount to personalized content or personalized contempt of privacy? Are th...

Life Behind Bars: Constitutional Validity And Ethical Dilemmas

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"Prisoners are not by mere reason of the conviction denuded of all the fundamental rights which they otherwise possess." - Supreme Court of India. The concept of life imprisonment ha...

How A Law Is Made In India? An Detailed Step-By-Step Explanation

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In this article, we will delve into a detailed discussion on how laws are made in India, going beyond the simplified explanations commonly found online. The legislative process, often seen as a...

Shortcomings of the Bharatiya Sakshya Adhiniyam, 2023: Challenges for Courts,...

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The Bharatiya Sakshya Adhiniyam, 2023 (BSA) replacing the Indian Evidence Act, 1872 (IEA) introduces several new provisions that create challenges for courts, prisons, and police, impacting the...

Financial Emergency in India: An Analytical Overview

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The concept of a financial emergency in India, delineated under Article 360 of the Constitution, constitutes a critical aspect of the constitutional framework. This article elucidates the provi...

Definition of State u/a 12 of Indian Constitution

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We will be dealing with Article 12 of The Indian Constitution which focuses on defining the term "State" as we all know that the fundamental rights guaranteed by the constitution is available a...

Breaking Bonds: Supreme Court Shakes Up Political Funding with Electoral Bond...

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In a ground-breaking decision that reverberates through the corridors of political power, the Supreme Court has dealt a significant blow to the electoral financing system in India by ruling ele...

Indian young Lawyers association v/s The state of Kerala: Analysis of the Sup...

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Indian young Lawyers association & others v. The state of Kerala & others (2018)The Sabarimala temple, located in Kerala's Western Ghats, is dedicated to Lord Ayyappa, a deity worshiped...

Sita Soren Bribery Case: Supreme Court Clarifies Immunity Limits For Legislat...

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Sita Soren, a member of Jharkhand Mukti Morcha (JMM) was accused in a bribery case for voting a specific candidate in 2012 elections of Rajya Sabha in lieu of some bribe accepted by her. Later ...

The Distinction Between Procedure Established By Law And Due Process Of Law

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The concepts of "procedure established by law" and "due process of law" are fundamental to understanding individual rights and legal protections within a democratic society....

Impact Of One Nation, One Election on Federalism in India

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India's "One Nation, One Election" policy plan would make big changes to the way people vote, which could have a big effect on the country's federal structure. The idea is to organize...

Tehseen S. Poonawala v/s Union Of India: Rise of Mob Lynching in India: Cause...

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Background: Mob lynching, although originating in Western culture, has seeped into Indian society, particularly due to heightened religious and cultural sensitivities surrounding cow protection. ...

Right To Speedy Trial Under Article 21 Of The Constitution: An Analysis

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This project report focuses on the right to a speedy trial under Article 21 of the Indian Constitution. It provides a comprehensive analysis of the legal framework, examines relevant case laws,...

Sealed Cover Jurisprudence: Section 123 of the Indian Evidence Act

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Sealed cover jurisprudence, a contentious legal practice in Indian courts, entails the submission of evidence or information to the judiciary in a sealed envelope, accessible solely to the pres...

Parliament May by Law Establish Administrative Tribunals under Article 323A: ...

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Article 323A of the Indian Constitution empowers Parliament to establish administrative tribunals to adjudicate matters concerning public service disputes. These tribunals hold quasi-judicial a...

Freedom Of Residence Under Article 19(1)(E): A Critical Legal Analysis With R...

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The Indian Constitution guarantees a wide array of fundamental rights, including the freedom of movement and residence within the country. Article 19(1)(e) confers upon citizens the right to re...

Transformative Constitutionalism: An Analysis of Navtej Singh Johar v/s Union...

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Transformative constitutionalism is a doctrine that allows constitutional interpretation to evolve in tandem with societal progress, particularly in advancing human rights and freedoms. In the ...

The Pillars of Democracy: Understanding India's Legal Framework

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The Indian legal system, rooted in a rich tapestry of historical, cultural, and constitutional foundations, stands as a complex and dynamic entity shaping the world's largest democracy. This co...

Caste: Based Reservations And Affirmative Actions

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Caste-Based Reservations and Affirmative Actions in India Caste-based reservations and affirmative actions are policies implemented in India to address historical and ongoing social and economic...

From Aadhaar To Privacy: The KS Puttaswamy Case And Its Constitutional Signif...

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KS Puttaswamy CaseFacts Of The Case Even after the Act passed in 2016, the Aadhaar (Authentication) Regulations, 2016, the PML (Maintenance of Records) Fifth Amendment Rules, 2017, and all not...

The Right To Privacy In Medical Cases: Balancing Confidentiality

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The right to privacy is a fundamental human right that plays a crucial role in protecting individual autonomy and dignity. In the context of medical cases, privacy becomes even more significant...

Why India is Growing Under Judiciary

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India's judiciary has been at the forefront of ensuring justice, interpreting laws, and even directing the evolution of new legal principles. Over the years, the judiciary's role has transcende...

Historical School of Jurisprudence

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This paper explores the historical evolution of jurisprudence as a mechanism of social control, tracing its development from the Greek period to the contemporary era. The background highlights ...

Denunciatory Exploration Of Transgender Persons (Protection Of Rights) Act, 2...

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"Transgender" people have a way of expressing themselves, describing their gender, or gender identity (knowing that you are a boy or girl) that doesn't always fit society's rules - that boys ar...

Judicial Accountability in India: Strengthening the Rule of Law for Effective...

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The Indian judiciary has become the most powerful institution of the State within 50 years of the Constitution's drafting, which could not have predicted by Indian constitution designers. Judic...

The Definition of ‘State’ under Article 12: An Expansive Jurisprudential ...

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The Constitution of India has meticulously woven an intricate legal tapestry that establishes the contours of governance, rights, and duties. Article 12, which forms the bedrock of Part III of ...

Basic Structure Doctrine: An Examination of Its Evolution and Constitutional ...

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The Basic Structure Doctrine remains one of the most vital and enigmatic constitutional doctrines in India's legal landscape. Established by the landmark decision in Kesavananda Bharti v. State...

Live Streaming of Supreme Court Proceedings: An Analysis of the Landmark Judg...

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In the digital age, transparency and accountability in the judicial system have become paramount concerns, particularly with regard to ensuring the accessibility of court proceedings. The semin...

The Preamble to the Indian Constitution: An In-Depth Constitutional Analysis

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The Preamble to the Indian Constitution stands as a monumental declaration of the fundamental values and objectives that underpin the Indian state. It functions as both a guiding beacon and a d...

Redefining Affirmative Action: The Supreme Court's Landmark Judgment on Sub-C...

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"In its ruling in Indra Sawhney and others v. Union of India, the Supreme Court noted that there is no constitutional or legal prohibition against a State categorizing backward classes into sub...

Right Against Self-Incrimination With Special Reference To Voice Sample

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In criminal law, self-incrimination is the act of making a statement that exposes oneself to an accusation of criminal liability or prosecution. Self-incrimination can occur either directly or ...

Conflict between RTI and Right To Privacy

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In the Indian legal system, RTI (right to information) and right to privacy are both very important rights. Though both are poles apart and have a very conflicting and unfriendly relationship w...

Section 377: A Legal And Social Outlook Of India

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"It’s just really important that we start celebrating our differences. Let’s start tolerating first, but then we need to celebrate our differences." -Billie Jean King In India, homosexua...

Exemptions to Providing Information

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Exemptions from disclosure of information are legal provisions that limit the right to access certain types of information, even under laws that promote transparency, such as the Right to Infor...

The Division Of Legislative Powers In India: An Exegesis Of The Seventh Sched...

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The Indian Constitution, known for its exhaustive framework, serves as the bedrock of governance in a federal structure. One of its most vital components is the Seventh Schedule, read conjointl...

Maneka Gandhi v/s Union of India, 1978: A Paradigm Shift in Constitutional Ju...

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The landmark judgment of Maneka Gandhi v. Union of India, (1978) 1 SCC 248, is a watershed moment in Indian constitutional law. The ruling extended the scope of "personal liberty” under Artic...

Legislative Powers Of Parliament On State List

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Composition 249 of the Indian constitution is another composition that grants agency to the Congress to make laws. Composition 249 contains vittles to the authority that Congress has, to make l...

The Role Of The Indian Constitution In Promoting Global Unity And Peace

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It strives to shape a society where every person can flourish without bias. It acts as a blueprint for governance that embraces inclusivity, underscoring the significance of constructive dialog...

Major Committees of the Indian Constituent Assembly

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The framing of the Indian Constitution was a monumental task, undertaken by the Constituent Assembly of India between 1946 and 1949. The sheer complexity of consolidating a diverse population u...

Due Process In India, USA And UK

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The concept of Due process was triggered by the abuse of power by government authorities. To ensure protection of the legal rights of the individuals from such arbitrariness "Due Process" acts ...

India-Bangladesh Boundary Agreement: Constitutional Amendment and Its Repercu...

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This article delves into the constitutional amendment that facilitated the signing of the India-Bangladesh Boundary Agreement analyzing its implications within the broader context of India's di...

The Status Of Government Companies As ‘State’ Under Article 12

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As the supreme law of the land, the Constitution of India outlines the framework for the functioning of the government and its relationship with the citizens. One of the foundational provisions...

Analyzing The Role Of The Law Commission Of India In The Development Ofa Uniform

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The author of the article has analysed the role of Law Commission in transforming India as a crucial aspect of legal research that delves into the impact of legislative recommendations and refo...

Legal Persectives On Caste: Rights, Protections, And Challenges

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This paper analyzes caste discrimination in India, focusing on legal perspectives, evolution of rights, protective measures, and challenges. It examines the Indian Constitution's role in protec...

The Governor's Immunity Conundrum: "Caesar's Wife Must Be Free From Suspicion"

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The sex scandal that rocked the Raj Bhavan in Kolkata is now at the door of the India's highest court. The Supreme Court sought a response from the Union government and the state of West Bengal...

The Governor's Immunity Conundrum: Caesar's Wife Must Be Free From Suspicion

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The sex scandal that rocked the Raj Bhavan in Kolkata is now at the door of the India's highest court. The Supreme Court sought a response from the Union government and the state of West Bengal...

Shreya Singhal v. Union of India: A Landmark Judgment Reinforcing Free Speech...

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The landmark case of Shreya Singhal v. Union of India (2015) dealt with the constitutionality of Section 66A of the Information Technology Act, 2000 (IT Act). The judgment, rendered by the Supr...

Why India's Push for a Uniform Civil Code Sparks Debate: A Deep Dive into Its...

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In India, where many religious sects have historically adhered to their own personal rules governing marriage, divorce, inheritance and other family concerns the concept of a Uniform Civil Code...

An Overview of Major Schools of Law and Their Jurisprudential Approaches

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Introduction to Schools of Law and JurisprudenceThe legal profession is an integral part of a greater concept: jurisprudence. It seeks to know the nature, purpose, and functioning of legal system...

The Impact Of Westernization On Indian Tradition And Culture: Challenges And ...

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In particular paper explains, the impact of Western culture on Indian culture in the twenty-first century will be the main topic of discussion in this article. Throughout the globalization age,...

The Thin Line Between Law And Enforcement Of Morality

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This article delves into the complex relationship between law and morality, exploring how these two systems of regulation both intersect and diverge. Law is a formalized system of rules enforce...

Landmark Case: Mohini Jain v/s State of Karnataka - Establishing the Fundamen...

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Miss Mohini Jain .... Petitioner Versus State Of Karnataka And Ors. .... Respondent Facts Of The Case The Karnataka State Legislature, enacted the Karnataka Educational Institutions (Prohib...

Governor's powers under Article 161 Constitution

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Pardon is one of the many prerogatives that have been recognized since time immemorial as being vested in the sovereign, regardless of where sovereignty might lie. Whether the sovereign is an a...

2024 Judgment: Redefining Creamy Layer in Reservations

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The "creamy layer" concept is a pivotal part of India's affirmative action landscape, designed to ensure that reservations in education and employment benefit the most disadvantaged w...

The Role Of The President In India

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The President holds a special place in the Indian political system. In contrast to the United States, where the President serves as both the head of state and government, the President of India...

Suo Motu Power of the Supreme Court: A Detailed Analysis

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On August 20, 2024, the Supreme Court of India is set to hear a suo motu case concerning the tragic rape and murder of a Post Graduate trainee doctor at a Kolkata hospital on August 9, 2024. Th...

Tukaram v/s State Of Maharashtra: The Evolution of Rape Laws in India and the...

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Rape is defined as unconsented sexual activity, which is usually sexual relations, performed against the victim's will by force or threat of force, or involving a person who is incapable of pro...

Exploring the Supreme Court verdict on same sex marriage

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MarriageMarriage is not simply a benefit or privilege. Rather, it forms the very basis of a couple's ability to fully participate in society. Marriage is a source of social validation, dignity,...

Public Interest Litigation (PIL) in India: An Instrument of Judicial Activism

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Public Interest Litigation (PIL) has evolved into a potent instrument for the advancement of social justice and the protection of fundamental rights in India. It transcends traditional legal pr...

Effective Strategies for Settling Legal Disputes: Exploring Alternative Dispu...

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Alternative Dispute Resolutions (ADR), also referred to as Non-trial Resolutions or extrajudicial settlements, encompass various methods utilized to settle legal disputes without resorting to t...

Supremacy of Law: The Law Upholds the Right Decision for the People

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The concept of the supremacy of law is a fundamental principle that asserts the law's ultimate authority in governing society. It ensures that all individuals, institutions, and government enti...

Right to Privacy: Its development as a fundamental right under the Indian Con...

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"The right to be let alone-the most comprehensive of right and the right most valued by civilized men." Justice Louis Brandeis's dictum captures the core of privacy, a notion that has...

The First Statute for Live-in Relationship in India

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The Uttarakhand Government recently made history by passing a Uniform Civil Code Bill in the State Assembly on the 6th of February. This groundbreaking bill includes provisions for recognizing ...

The Doctrine of Forum Non Conveniens

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The doctrine of forum non conveniens is a concept in private international law that permits a court with the authority to hear a case to dismiss it if a more suitable forum exists. This princip...

Evolving Sedition Law in India: Balancing Freedom of Speech with National Sec...

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Independent India inherited several laws from its colonial past, including the contentious sedition law, which has evolved judicially over time. Sedition laws generally prohibit actions or spee...

Distinctions Between Common Law and Civil Law

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Common Law and Civil Law represent the two foremost legal systems globally. They exhibit significant differences in their foundational principles, sources of law, procedures, and methods of ach...

Right to life: Understanding the Legal Framework of Euthanasia and Patient Ri...

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The Constitution Bench of the Supreme Court in Gian Kaur's case held that the right to life, including the right to live with human dignity, encompasses the existence of such a right up to the ...

Cooperative Federalism And Its Associated Concepts

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"If We Are To Make Real Progress On Centre-State Cooperation Politics Must Not Eclipse With Other Factors" Despite India being a functional democracy for over seven decades, the interplay of...

A Critical Examination Of The Doctrine Of Judicial Precedent

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The doctrine of judicial precedent, also known as "stare decisis", is a cornerstone of common law systems. It mandates that courts follow previous judicial decisions when the same points of law...

How Far Constitutional Conventions Are Binding In India

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In the latest turn of events the newly emerged opposition has demanded the position of the Deputy Speaker in India citing a constitutional convention. The present article attempts to examine wh...

Enfranchisement Behind Bars: Analysing Voting Rights For Prisoners In India

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The Right to vote is a constitutional right of every citizen of India under Article 326 of the Indian Constitution. Voting Rights are fundamental to a functioning democracy. There are many sect...

Constitutionalism and Social Justice: A Legacy of Dr B.R Ambedkar in India

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This Article explores the pathways and connections between constitutionalism, the rule of law, and social justice in India. It argues that Ambedkar's vision and the constitutional framework he ...

Equality: Just A Concept On Paper Or An Essence Of Society At Ground Levels?

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The constitution of various nations around the globe talk about Equality being the roots of the society in present times, well it would be totally wrong to completely deny it because we have co...

The Legal System: A Guide To Judicial Reform

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In 2015, in the fourth judge's case, the National Judicial Appointment Commission (hereafter NJAC) was held ultra-virus to the constitution of India. The authors of this paper try to delineate ...

Fundamental Rights: A Guarantee Against State Or Individual Action

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The inclusion of fundamental rights in the constitution is to preserve certain rights of the individual, such as, Right to Life, liberty, freedom of speech, freedom of faith and so on. The obje...

India's Quota System Transformed: Supreme Court Permits Subclassification of ...

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On August 6, 2024, the Supreme Court of India allowed the subclassification of Scheduled Castes (SCs) and Scheduled Tribes (STs), in a landmark ruling that could completely reshape India's quot...

The Creamy Layer: Removal of Reservations from privileged section

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India's reservation policies have been a cornerstone of its affirmative action program aimed at addressing historical injustices and ensuring social equity. These policies provide preferential ...

Jurisprudential Theories In The Special Courts Bill v/s Unknown: Article 143(...

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In 1978, a legal dispute unfolded in India as the President of India referred the Special Courts Bill, 1978 to the Supreme Court under Article 143(1) of the Constitution, seeking an examination...

The Uniqueness of the Indian Constitution: A Comprehensive Overview of Its Ke...

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Indian constitution is a unique constitution and it took 2 years 11 months and 17 days to write and enact the Indian constitution. Indian constitution is a constitution which is written and dra...

Critical analysis of Sub-classification Judgment

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The Analysis Of the Sub-Classification Judgment On dated August 1st 2024, the seven judge bench of the Supreme Court delivered its verdict on the issue of sub-classification within the scheduled...

Lessons from Global Implementations of Uniform Civil Codes: What Can India Le...

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This paper explores the implementation of Uniform Civil Codes (UCCs) in various countries and examines the lessons India can draw from these global experiences. By analyzing Turkey's adoption o...

The Power of Writs: How Articles 32 and 226 Protect Fundamental Rights in India

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In India Article 32 and Article226 of Indian constitution mention about writs. Writs are constitutional remedies that can be issued by Supreme Court under Article 32 and by high court under Art...

The Concept Parliamentary Sovereignty in India

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Parliamentary Sovereignty is a fundamental concept in constitutional law which is primarily rooted in the British legal tradition. It refers to the principle that the Parliament as the supreme ...

Ensuring Equal Justice and Access to Free Legal Aid

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Article 39A of the Indian Constitution embodies a crucial aspect of social justice by mandating the state to ensure that the legal system promotes justice on a basis of equal opportunity and pr...

Aruna Ramchandra Shanbaugh; The Judicial Fight For Right To Die

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Criminal Appeal of No. 115 of 2009 This landmark judgment legalized passive euthanasia, which was for a long time considered as illegal or a matter of confusion. The case revolves around "Pass...

Rethinking Secularism: Distorting India's Secular Identity

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The term secularism is a cornerstone of modern politics, yet not well understood. The term denotes a state that does not have an official religion and a belief system that rejects religion to b...

In-Depth Legal Analysis of the Case: People's Union for Civil Liberties v. Un...

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This legal analysis delves into the seminal case of People's Union for Civil Liberties (PUCL) v. Union of India, wherein the Supreme Court of India affirmed the right to negative voting, a pivo...

Power Play: Governors And The Fragile Fabric Of Indian Federalism

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Governance in India, a country with multiple strong cultural identities and a huge population, is an uphill battle. The Constitution makers formulated a unique path of quasi-federalism to fit I...

Constitutional Review Of Economic Policies In 2024

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Economic policies play a pivotal role in shaping a nation's development trajectory, affecting every facet of society from individual livelihoods to macroeconomic stability. In India, the judici...

Basic Structure Doctrine: Capacity Of Parliament In Law Making

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Any discussion whatsoever with respect to the progress of the country especially India starts with the three pillars of democracy i.e legislative, executive and the judiciary and the fourth pil...

The Silent Manifestation of Speech: An In-Depth Legal Analysis of Bijoe Emman...

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The landmark judgment in Bijoe Emmanuel v. State of Kerala crystallizes the constitutional guarantee of free speech under Article 19(1)(a) of the Indian Constitution, affirming that the right t...

Right to Privacy as a Fundamental Right: Post-Puttaswamy Developments

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The right to privacy refers to individuals' ability to control their personal information and protect themselves from unwarranted intrusions. It encompasses the right to be left alone and live ...

Empowering Justice: The Role and Impact of Public Interest Litigation in Adva...

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The strategy of Public Interest Litigation (PIL) has been developed to bring justice within easy reach of the poor and disadvantaged sections of the community. The grievances in a PIL action co...

The Evolution and Scope of Judicial Review in India

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Judicial review is a fundamental aspect of constitutional governance in India. It empowers the judiciary to ensure that the legislature and executive operate within the bounds of the Constituti...

The Effectiveness Of The National Green Tribunal (NGT) Act 2021 In Resolving ...

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Environmental issues in India have been escalating due to rapid industrialization, urbanization, and population growth. To address these challenges, India has implemented a series of environmen...

The Primacy of Judicial Review: Analyzing L. Chandra Kumar v. Union of India ...

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The landmark judgment in L. Chandra Kumar v. Union of India [AIR 1997 SC 1125] reinforced the inviolable principle that judicial review is an essential facet of the basic structure of the India...

The Expansive Interpretation of the Right to Life: An Analytical Discourse on...

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This analysis delves into the Supreme Court of India's landmark decision in Olga Tellis v. Bombay Municipal Corporation [AIR 1986 SC 180], wherein the Court expanded the interpretation of the R...

The Constitutional Safeguard Against Self-Incrimination: An Analytical Review...

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This analysis delves into the seminal case of Selvi v. State of Karnataka, AIR 2010 SC 1974, which elucidates the scope and limits of Article 20(3) of the Indian Constitution concerning self-in...

Reimagining Equality: The Doctrine of Non-Arbitrariness in E.P. Royappa v. St...

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The landmark judgment in E.P. Royappa v. State of Tamil Nadu [AIR 1974 SC 555] revolutionized the interpretation of equality under the Indian Constitution by introducing the Doctrine of Non-Arb...

Kesavananda Bharti v/s Kerala: The Doctrine of Basic Structure

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This article meticulously dissects the seminal case of Kesavananda Bharti v. State of Kerala, wherein the Supreme Court of India enunciated the doctrine of basic structure. The apex court affir...

Role of Courts in the Protection of Human Rights

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Human rights are two simple words that, when combined, form the cornerstone of our existence. "Inalienable fundamental rights to which person is inherently entitled simply because she or h...

Right to Die with Dignity: Common Cause v/s Union of India

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Citation: Common Cause (A Regd. Society) vs. Union of India and Anr. (2018) 5 SCC 1, AIR 2018 SC 1665 Jurisdiction: Supreme Court of India ...

The Role Of Judicial Precedent In Common Law Systems

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Common law systems are fundamentally based on the idea of judicial precedent. It is a crucial tool for the creation and implementation of the law, giving judges and other legal professionals le...

Is Section 6(a) of the Hindu Minority and Guardianship Act, 1956, read with S...

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Regarding the constitutionality of legislation, particularly Section 6 of the HMG Act, it should be noted that the validity of legislation is to be presumed. Law courts should make efforts to r...

Loss of Constitutional Right: Confront the Accuser

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Era of Euthanazation of the Constitutional Rights and Liberty - Loss of Constitutional Right - "Confront the Accuser" - Evidence at Designated Places. The right to fair and transparent trial, w...

Philosophical School of Jurisprudence

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Hugo Grotius was a Republican philosopher who was born in the Netherlands. As the founder of the philosophical school of jurisprudence, he is revered. Grotius asserted in his well-known book "T...

Uniform Civil Code: Essential Judicial Insights and the Path to Legal Uniform...

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Uniform Civil Code: A Legal ImperativeThe concept of a Uniform Civil Code (UCC) is enshrined in Article 44 of the Indian Constitution, which mandates that "the State shall endeavour to secure f...

Establishing the Federal Structure of Indian Constitution: A Study on Centre-...

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"Though the country and the people may be divided into different states for convenience of administration, the country is one integral whole, its people a single people living under a single im...

Case Analysis: Kaushal Kishor v/s State Of Uttar Pradesh

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Case Analysis: Kaushal Kishor V. State Of Uttar Pradesh W.P. (Cr) No. 113/2016 Bench Composition: Hon'ble. Justice S. Abdul Nazeer Hon'ble. Justice B.R. Gavai H...

Transparency and Accountability of Judicial Function in India: A Comprehensiv...

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The transparency and accountability of judicial function form the cornerstone of a robust and effective legal system, ensuring public trust and upholding the principles of justice. This abstrac...

Writ of Habeas Corpus: A Guardian of Personal Liberty

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The Writ of Habeas Corpus is a fundamental legal safeguard against arbitrary detention, ensuring that no individual is deprived of liberty without due process of law. This article examines the ...

Supreme Court As The Sentinel Qui Vive: An Analysis

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Since the 17th century, if not earlier, human thinking has been veering round to the theory that man has certain essential, basic, natural and inalienable rights or freedoms and it is the funct...

Writs under Indian Constitution and its jurisdiction in courts

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The term "writ" refers to a written legal order that is formal in nature and is issued by such a body that has administrative or judicial jurisdiction. In today's time, courts are con...

India's Uptake On Reforms In Reproductive Justice

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Each and every individual is constitutionally guaranteed a right to life, under which comes the implicit realm of entailed rights, like the Right to Health for one. The right to health covers q...

Natural Law Theory: An Introduction to the Jurisprudential Principles

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Since ancient times, natural law thought has played an important role in the realms of ethics, politics, and law. Natural law theory's global validity is what makes it so compelling. It is rega...

Article 143 of the Constitution

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Article 143 of the Indian Constitution grants the President the power to consult the Supreme Court. According to Order XLII, Rule 1 of the Supreme Court Rules (2013), upon receiving a reference...

History of Indian Constitution

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The Indian Constitution did not come into being in a single day; rather, it evolved over several decades prior to India's independence in 1947. From its beginnings in the freedom movement, the ...

Freedom of Trade and Commerce: A Constitutional View Point

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On January 26, 1950, the Indian Constitution came into effect, establishing the Republic of India. The Indian Constitution is a written constitution that is the largest in the world. It offers ...

Is A Mother Natural Guardian Of The Child Under Law

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In relation to the constitutionality of legislation, particularly Section 6 of the HMG Act, it is important to recognize that the validity of legislation is presumed. Courts should prioritize r...

Kirpan Is A Constitutional Right Of Sikh

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In India, the Kirpan, a ceremonial sword or dagger carried by baptized Sikhs, is protected under the Constitution of India. Specifically, Article 25 of the Constitution guarantees the freedom o...

Balancing the Scales: A Comparative Analysis of Judicial Activism and Judicia...

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The judiciary is a cornerstone of democratic governance, interpreting and applying laws to uphold justice and ensure that government actions are within constitutional bounds. Two contrasting ph...

Constitutional Guardians or Political Instruments? Assessing the Changing Dyn...

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India, that is Bharat is a Union of States, this is what the very 1st Article of our constitution talks about, the essence of India lies in the States[1]. Every state has its own Chief Minister...

Understanding Article 15 of the Indian Constitution: Safeguarding Against Dis...

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Article 15 of the Indian Constitution is a fundamental provision that seeks to prevent discrimination and promote equality among all citizens. It plays a significant role in ensuring that every...

Understanding Article 14 of the Indian Constitution: The Pillar of Equality

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Article 14 of the Indian constitution guarantees the right to equality to the every citizen of India. Articles 14 represent the general principles of equality before law and prohibit unrealisti...

Meritocracy Upheld: Understanding the Constitutional Debate in Balaji Raghava...

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Case Analysis: Balaji Raghavan v. Union of India, (1996) 1 SCC 361The case of Balaji Raghavan v. Union of India, (1996) 1 SCC 361 , presents a profound constitutional discourse surrounding Articl...

Article 142 and It's Implication on Marital Disputes

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The Constitution of India is the most important law of the country and is a carefully drafted document that defines the essential framework of the country's basic principles, structural organiz...

The Concept Of Judicial Review And Its Importance In Upholding The Constitution

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The legal Maxim "Fiat Justitia Ruat Caelum" underscores the principle that justice must be pursued no matter the consequences. Judicial review embodies this principle by ensuring that the actio...

The Genesis and Formation of Uttarakhand: A Legal and Historical Perspective

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This article offers a comprehensive legal and historical analysis of the genesis and formation of the Indian state of Uttarakhand. Through a meticulous examination of the region's historical ev...

Rule of Law: Upholding Equality and Accountability

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The Rule of Law is a fundamental principle that underpins governance in civilized, democratic societies. It ensures equality before the law, prevents arbitrary use of power, and secures a nonar...

Addressing Delays in Criminal Trials: Imtiyaz Ahmad v/s U.P

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The present case discloses the need to reiterate that "access to justice" is vital for the rule of law, which by implication includes the right of access to an independent judiciary. The stay o...

Supriyo @ Supriya Chakraborty v/s Union of India: Case Analysis

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Supriyo @ Supriya Chakraborty & Anr. v Union of India[1] Judgement: 17/10/2023 Judges: Justice D.Y Chandrachud, Justice S.R Bhatta, Justice S.K Kaul. Justice Narasimha, Justice Hima Kohli ...

Basic Principles on the Independence of the Judiciary

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While the world's peoples affirm, among other things, in the United Nations Charter their commitment to creating the conditions necessary to uphold justice in order to foster international coop...

Constitutional Rights & Duties of the Citizen

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The Fundamental Rights, Directive Principles of State Policy and Fundamental Duties are sections of the Constitution of India that prescribe the fundamental obligations of the states to its cit...

An In-Depth Analysis Of Public Examination (Prevention Of Unfair Means) Act.2024

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Public examinations are critical for determining the academic and professional trajectories of millions of students. Ensuring their integrity is paramount to maintain trust in the education sys...

Upholding Democratic Norms: Why the Supreme Court Must Define a Constitutiona...

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The cases of the political party splitting from the major faction have been rampant for a few years. Either we trace the crisis in Maharashtra between the Eknath Shinde and the Uddhav Thackeray...

The Evolution of the Basic Structure Doctrine and Judicial Review

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After dozing off in the last ten years of the 20th century in the archives of India's constitutional history, the discussion of the "basic structure" of the Constitution has resurface...

Connection Between Basic Structure Doctrine And The Preamble Of The Constitut...

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Objective Of This Article In this article, we will try to understand how the preamble of The Constitution of India and the " Basic Structure Doctrine" Is connected and how this doctrin...

National Judicial Appointments Commission (NJAC)

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India enacted the judicial appointment procedure in 2014 with the National Judicial Appointments Commission Act, 2014 (NJAC Act) and the One Hundred and Twenty First Amendment Act, 2014. The NJ...

The Vicissitudes and Limitation of the Doctrine of Basic Structure

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The article "Vicissitudes and Limitations of the Doctrine of Basic Structure" by Setu Gupta, which appeared in the ILI Law Review's Winter 2016 issue, will be summarised and examined in this re...

Towards Equality and Unity: Understanding India's Quest for a Uniform Civil Code

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'Uniform Civil Code is the need of the hour for India's progress and unity'. - B.R. Ambedkar The Uniform Civil Code has been an argumentative issue in Indian society, reflecting the tension ...

Justice By Judiciary Flourishes From Independent Roots Of Judicial System

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This article explores the importance of judicial independence in ensuring democracy and the rule of law. It cites Chief Justice D.Y. Chandrachud's views on the subject, emphasizing the need for...

Personal Liberty: A Closer Look at Article 21

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The expression 'Personal Liberty' in Article 21 has broad scope, encompassing various rights that constitute an individual's personal liberty. Some of these rights have been elevated to the sta...

Evaluating the Constitutional Legitimacy of EWS Reservations: An Analysis of ...

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Reservations based on economic criteria are crucial for ensuring equitable opportunities in society, particularly in a country like India where economic disparities persist alongside social ine...

Ordinance-Raj an era of ordinance re promulgation violate the spirit of const...

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The Constitution of India very clearly provides the legislature with the task to make law for the better governance of the country. Following the ideals of democracy, our Constitution provides ...

Rule of Law and Its Impact on Fundamental Rights and Governance

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A society with the rule of law is one in which everyone can access justice, no one is above the law, including the government, and laws safeguard fundamental rights. It suggests a set of unifor...

Doctrine of Judicial Review in Indian Constitution

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The ability of a nation's courts to investigate and assess whether the legislative, executive, and administrative departments of government are acting in accordance with the Constitution is kno...

Why We Need a Power Balance: Separation of Power

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A lack of faith, a lack of accountability, and the buildup of forces from various organs can result from the concentration of power in a small number of hands, which can impact the nation's ove...

Understanding Intra Vires: Definition, Illustrations, and Legal Precedents

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Definition: The concept of 'intra vires' refers to actions taken by entities operating within the boundaries of their legal authority. This legal framework applies to various entities, includi...

Urgent Need For Establishment Of National Men's Commission In India

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Men's right activist disputes that men's as a group have institutional power and privilege and believe that they don't have legal rights further more they say that they don't have proper remedi...

A Comparative Study of Sedition Law as per IPC and Bharatiya Nyaya Sanhita

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The Home Minister of India Mr. Amit Shah introduced a bill in the Parliament which is meant to replace the three codes that are the core of the criminal justice system in India: the Indian Pena...

Right to Life and Personal Liberty under Article 21 of the Indian Constitution

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The inclusion of fundamental rights in the constitution stemmed from their recognition as indispensable for nurturing the development of individual personalities and safeguarding human dignity....

High Court Bar Association vs State of Uttar Pradesh (2024)

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The clash over the period taken in a decision by the court had always been a highly debated issue. The issue over the delay in the orders and judgments are not only because of burdening of case...

The Nanavati Case: Unraveling Justice and Society in 1950s India

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The case of K.M. Nanavati v. The State of Maharashtra is inscribed in the history of Indian lawas a defining moment, transcending the confines of a routine legal dispute. This landmark case not...

Introduction to the Menaka Gandhi Case

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The Menaka Gandhi case, formally known as Menaka Gandhi vs. Union of India (1978), stands as a landmark legal precedent in the annals of Indian jurisprudence. The case revolves around the funda...

Interpretation Of Secularism In The Context Of Indian Constitution

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Secularism is an English philosophy developed during time of Enlighten Movement in Europe. It was first coined by George Jacob Holyoake in 1851. To him Secularism is a social order separate fro...

Checks and Balances in the Indian System Separation of powers

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The quote by Lord Acton "Power tends to corrupt, and absolute power corrupts absolutely" underscores the dangers of unchecked authority. When power is concentrated without oversight it can...

Right to Information under Article 19(1)(A)

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Understanding Article 19(1)(a):Article 19(1)(a) of the Indian Constitution is not a mere clause; it is a resounding declaration that echoes through the corridors of democracy, shaping the very ...

The Constitutional Validity Of Reservations In Educational Institutions And P...

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"Every democratic nation before gaining its independence has gone through a phase of drastic social revolution so as to bring values of equality and fraternity in their society but my Indi...

Analyzing Foreign Exchange Management Act (FEMA), 1999

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The Foreign Exchange Management Act (FEMA) was enacted by the Indian Parliament on December 29, 1999, to align with the frameworks of the World Trade Organization (WTO). It governs foreign exch...

Unconstitutionality of Electoral Bond

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A democratic government is always by the people, of the people and for the people. India is the largest democratic country. The democracy in India is supported by three pillars; the executive, ...

Judicial Review in India: Safeguarding Rights and Balancing Powers

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Judicial review in IndiaJudicial review is a fundamental aspect in any of the present democratic societies, including India. It serves as a crucial mechanism for checking the constitutionality ...

The Ethical And Legal Landscape Of Euthanasia In India

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Euthanasia is a combination of two words of Greek origin EU and Thanos. Eu means good and Thanos means death. It is the concept of good death. What it means is that when a person cannot be cure...

Writs Under Indian Constitution: How Courts Protect Your Rights and Ensure Ju...

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Writs are legal orders issued by a court, directing someone to do something or to refrain from doing something. They are a fundamental aspect of the judicial system, serving as a tool to enforc...

The Doctrine Of Legal Precedent: Analyzing Sub-Silentio And Per Incuriam

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What is the correct course to follow when we are faced with a decision which decides in a particular way but does not refer to any statutory provision, decides contrary to statute or ignores re...

The Urgent Need For Legislation To Regulate Facial Recognition Technology In ...

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Facial recognition technology has emerged as a powerful tool in the recent years with hits application spanning across a wide range of sectors. From improving security measures to facilitating ...

Bilkis Bano Case: A Journey Through Injustice and Resilience

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The Bilkis Bano case is one of the shockingly evil acts that happened in the Gujarat riots in 2002. As we see in India the most common crime which is suffered by women is rape. And the judicial...

The Doctrine Of Legal Precedent: Analyzing Sub-Silentio And Per Incuriam

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What is the correct course to follow when we are faced with a decision which decides in a particular way but does not refer to any statutory provision, decides contrary to statute or ignores re...

Evolution of Euthanasia Laws in India: From Legalization to Simplification

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Euthanasia is a combination of two words of Greek origin EU and Thanos. Eu means good and Thanos means death. It is the concept of good death. What it means is that when a person cannot be cure...

Reservation's Role in Indian Education and Careers

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In India, reservation has been the most important social reform aimed at reducing historical discord, and trying to provide better educational and employment opportunities to historically margi...

Analyzing the Impact of Digital Surveillance on Constitutional Rights

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In recent years, the proliferation of digital surveillance has sparked significant debate about its implications for constitutional rights. Digital surveillance, encompassing activities like in...

Mukesh Kumar v/s Uttarakhand: Reservation Policies - Key Court Decisions and ...

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Bench & Quorum: L. Nageswara Rao, Hemant Gupta Procedural History of the Case: The reservation policy is a traditional idea that has been implemented in India for a very lo...

Hart's Theory of Jurisprudence

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Herbert Lionel Adolphus Hart (1907-1992) was a distinguished legal philosopher whose groundbreaking work, 'The Concept of Law' (1961), revolutionized jurisprudence. Hart's theory of jurispruden...

Decriminalising Article 377: Boon or Ban? A Case Analysis on Navtej Johar v U...

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The concept of homosexuality was prevalent in India during the ancient times. We can trace the queerness back to the Indian history, scriptures to the medieval prose, poetry, and architecture. ...

Effect Of Amendment Procedure Of Constitution On Independence Of Judiciary

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This study explores the vital role that an impartial judiciary plays in constitutional democracies and how important it is to maintaining peace, prosperity, and the preservation of human righ...

Promulgation Of Ordinance

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All of the three branches' duties, obligations, and powers are clearly defined, thanks to the idea of separation of powers. Additionally, it functions as a system of responsible administration ...

Austin's Theory of Jurisprudence

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Austin's Theory of Jurisprudence, a foundational work in the field of jurisprudence formulated by John Austin, a renowned British legal philosopher in the 19th century, is widely recognized as ...

The Impact of Hong Kong's National Security Law: A Two-Sided Story

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The year 2020 saw Hong Kong's political and social scene permanently altered with the introduction of China's National Security Law (NSL). This particular law was a direct reply to the pro-demo...

Janhit Abhiyan v/s Union Of India: The Landmark Judgment On EWS Reservations ...

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Janhit Abhiyan is a landmark judgment that dealt with the issue of reservation of seats for the EWS [1] section. The 103rd Constitutional Amendment [2] created controversy in context with reser...

Prostitution: Beyond the Stigma: Exploring the Arguments for and Against Lega...

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Prostitution is one of the oldest professions in the world. It is essentially a form of trade that involves rendering sexual services for payment either in money or other valuables. It is also ...

Interpretation of Statutes: Understanding the Will of Legislature

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Interpretation is the primary function of a court. The court interprets the legislature4 whenever a dispute comes before it. Since the will of the legislature is expressed generally in the form...

Rule of Law: A Critical Evaluation

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The rule of law, a cornerstone principle of democracy, dictates that all individuals and institutions, including the state, regardless of their power or status, are bound by and accountable to ...

Analyzing the Independence of the German Judiciary

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The German judiciary enjoys a high level of independence, enshrined in the constitution. This ensures impartial justice and protects judges from undue influence. They are appointed based on mer...

Analysis On Doctrine Of Severability In R.M.D.C Case

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Background Of The Case The petitioners, M/S R.M.D.C., have been running prize tournaments in Mysore since 1948. Their operations were governed by the Mysore Lotteries and Prize Competitions Co...

Rethinking The Reservation System For The Modern Era

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India's caste reservation system, though initially designed to promote social equity, is now in need of serious reform. Addressing its shortcomings is crucial for fostering genuine equality and...

Whether The Judgment Of One High Court Is A Binding Precedent For Another Hig...

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According to Sir John Salmond, A 'Precedent' is said to be a Judicial decision which contains its principles. The stated principle which thus forms its authoritative element is called the Ratio...

Free Speech And Public Safety: Constitutional Strategies For Regulating Hate ...

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The regulation of hate speech presents a significant challenge in constitutional law, requiring a delicate balance between protecting free expression and safeguarding individuals and communitie...

Whether Employee Appointed On Contractual Basis, Ad Hoc / Temporary Basis Has...

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Whether female engaged/appointed on contractual basis/Ad hoc / Temporary / Daily Rated / On Muster Roll is entitled to maternity benefits and is entitled to all medical, monetary and other bene...

Propagation Without Proselytization: A Comparative Study Of Religious Freedom...

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"I do not want my house to be walled in on all sides and my windows to be stuffed. I want the cultures of all the lands to be blown about my house as freely as possible".1 India is a land of...

Analyzing the Independence of the Bangladesh Judiciary

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The independence of the judiciary serves as a fundamental pillar of democratic governance, enabling it to serve as a watchdog over the executive and legislative branches. This principle is embe...

Constitutional Validity of Sedition Law in India

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Any sort of speech, deed, or writing that stirs up animosity towards the status quo and jeopardizes the nation's enduring peace is considered to be seditious. Sedition is defined as "conduct or...

Procedural Law and Substantive Law: Analyzing Differences

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Procedural Law:The legal framework concerning litigation practices adopted formal procedures over time which resulted in the use of procedural law today to facilitate fair and expedient legal p...

Cultural And Educational Rights Of Minorities

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Minorities all over the world religious or linguistic or ethnic have been constitutionally recognised as groups which need special or exclusive rights to be at par with the majority. Indian Con...

Methods Of Acquiring Citizenship And Losing Of Citizenship Under Indian Citiz...

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Citizenship refers to the relationship between a state and its individual where an individual owes commitment and is authorized to safety and protection. Responsibilities upheld with the acquis...

Constitutionalism

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The concept of Constitutionalism is central to the functioning of a healthy democracy. It is a philosophical concept that is essential for a democracy and republic. The ideal ensures that liber...

Judicial Evolution of Law

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The law is constantly evolving, shaped by the interplay of legal principles, societal values, and judicial interpretations. This essay will examine the key drivers of this evolution, including ...

When Power Meets Rights: Shankari Prasad v/s Union Of India Case and the Evol...

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The Doctrine of Basic Structure evolved through series of verdicts in India, one such case was of Shankari Prasad Vs. Union of India. This case was result of the ongoing struggles between the j...

Alternate Formulations Of The Constitution: Feminist Perspective

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A recent news story (May 12th) about a Hindu couple choosing the Indian Constitution as their marriage foundation sparked a fascinating question: could the Constitution be even more progressive...

Article 356(3)

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Article 356(3) is conceived as a check on the power of the President and also as a safeguard against abuse. In the case where both Houses of Parliament disapprove or do not approve the proclama...

Can Govt Redistribute Privately Owned Property?

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Constitutional Clash: Balancing Directive Principles and Fundamental Rights The interaction between Fundamental Rights and Directive Principles of State Policy (DPSP) in India presents a dynamic...

The Constitution (One Hundred and Twenty-Eight Amendment) Bill, 2023

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The Constitution (One Hundred and Twenty-Eighth Amendment) Bill, 2023 is a significant piece of legislation aimed at increasing women's representation in the Indian Parliament and state legisla...

Examining The Foundations Of Contempt In Indian Judiciary: A Case Commentary ...

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Facts: This is a case of criminal contempt on the part of Mr. Vinay Chandra Mishra when, on 9th March 1994 the case of M/s Bansal Forgings Ltd v. UP Financial Corporation was being heard. The ...

Religion-Based Reservations: Secularism's Conundrum

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The debate around religion-based reservations in India is a complex issue that has been reignited during the election season. The discussion revolves around the constitutional validity and soci...

Indian Jurisprudence: From Historical Milestones to Modern Principles

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"May the well-being of all people be protected By the powerful and mighty leaders be with law and justice." The historical development of Indian legal systems and the basic ideas of Indian j...

Judicial Discipline: Whether A Similar Strength Bench Should Follow The Decis...

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Judicial Discipline is a very crucial to Justice System of India. It ensures order, consistency, and public trust in courts. It involves hierarchy and precedent rule of stare decisis. Lower cou...

Admission To Professional Education Should Be On Merit

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In P.A. Inamder vs. State of Maharashtra, AIR 2005 SC 3226, the Supreme Court delivered a judgment on 31.10.2002, elucidating the minority status and the issue of autonomy of educational instit...

Self Incrimination Under Article 20(3) Of Constitution Of India

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It was stated that regardless of the outcome of the case, at least with regard to the thumb impression-which, given the ruling of the Supreme Court, may even be obtained under duress-that would...

Voters Right In Election: The Power Of An Informed Vote In Strengthening Demo...

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The voter's right to know the antecedents of candidates is based on the interpretation of Article 19(1)(a), which provides that all citizens of the country have the fundamental right to "f...

A Review of India's Human Rights Protection

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By enforcing numerous rules, the State upholds the social order framework, without which well-ordered social life would be impossible. Many social contract theorists believe that upholding and ...

Rights Against Exploitation As Guaranteed By Constitution Of India

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Slavery and any other conduct that compromises an individual's freedom and dignity are forbidden by Indian law. However, some people continue to believe that they are better than other people. ...

Right to Speedy Trial wrt Constitution of India

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The Indian judiciary has been essential in safeguarding the constitutional rights of the people, and it has attempted to give certain rights-such as the right to a fair trial and a swift trial-...

Prisoner's Right And The Indian Laws

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All men are created equal and with some fundamental rights from their creator. These rights are primarily the right to life and liberty, but they can also be taken away from someone and punishe...

Challenges To Choice: Hijab Controversies And Freedom Of Religion In India

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Hijab, a covering worn by Muslim women, sparks debates worldwide, including in India. It's more than just a piece of fabric; it's tied to tradition, modern life, and identity. The word "hija...

Principles Of Indian Jurisprudence

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This research paper aims to provide a comprehensive study on the principles of Indian jurisprudence. It explores the historical development of Indian legal systems and delves into the nature an...

Right To Shelter As A Human Fundamental Right

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The 1948 Universal Declaration of Human Rights places great emphasis on the principles of freedom, equality, and nondiscrimination. "Right is an interned recognized, protected, and enforce...

Right To Livelihood And Article 21 Of Constitution Of India

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One of the main articles in Part III of the Indian Constitution that addresses fundamental rights is Article 21. Article 12 of the Indian Constitution defines the enforceable rights against the...

Protection Against Double Jeopardy

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Statements made by judges and academics about the idea that someone should be shielded from double jeopardy frequently either assume or subtly imply that the rule has a solid theological basis ...

Function Of Judiciary: Boundaries Of Expression And Contempt In Indian Law

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The Constitution of India guarantees freedom of speech and expression to every citizen as a fundamental right. While guaranteeing such freedom, it also provides under Article 129 that the Sup...

Efficacy Question Of The Anti-Defection Law In Current Politics

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On the 28th of January 2024, Nitish Kumar's departure from the Mahagathbandhan alliance and the I.N.D.I.A. bloc ensued, culminating in his ninth swearing-in ceremony as the chief minister of Bi...

Dimension of Article 14 of the Indian Constitution, 1950

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India is a diverse country with different religions, faiths, castes, languages, cultures, etc. This Pluralist society includes both the minority groups and the majority groups. Therefore, 'Equa...

Retrospective Application Of Statutes

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Generally, a Central Law becomes operative on the day the President signs it. In a similar vein, a State Law takes effect the day the Governor signs it. The commencement of a statute designates...

Provisions Of Minorities As Constituted Under Indian Constitution

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The fact that India is a diverse country is widely known. As William J. Duiker put it, "A land of diversity" It is clear from both its languages and cultures as well as from its physical traits...

Creamy Layer Principle And Why It Should Be Applicable On Schedule Castes And...

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"Creamy layer principle and why it should be applicable on schedule castes and schedule tribes" Abstract: The question is of paramount importance that whether still in 2024 each and every p...

Upholding the Supremacy of Law: The Judiciary's Role in Democratic Governance

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The Rule of Law is the fundamental principle of governance for any civilized democratic polity. Our constitutional scheme is based upon the concept of the Rule of Law, which we have adopted and giv...

Citizenship Amendment Act (CAA): Legal Analysis

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In December 2019, the Citizenship Amendment Act (CAA) was passed in our country, which offers a pathway to citizenship for undocumented immigrants from Afghanistan, Bangladesh, and Pakistan who...

Phone Tapping: Violative Of Right To Privacy

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The introduction of technology and the ongoing development of communication channels have fundamentally altered how we share and communicate. Concerns regarding surveillance and privacy have ...

Alternative Disputes Resolution Process (ADSR)

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ADR's motive is to provide socio-economic and political justice, and to maintain integrity in society as enshrined in the preamble. ADR also strives to achieve equal justice and free legal aid ...

Article 39 A

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Article 39A of the Constitution, which is a Directive Principle of State Policy, provides that the State shall, in particular, direct its policy towards ensuring that the citizens, men an...

Olga Tellies vs Bombay Municipal Corporation

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The scope of the right to life conferred by Article 21 is wide and far reaching. It does not mean merely that life can not be extinguished or taken away, as, for example, ,by the imposition and exe...

The Role Of The Indian Legal System In Protecting Gender Equality

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Over the next decade, the impact of women on the global economy as producers, entrepreneurs, employees and consumers could be at least as significant as that of China's one billion people. In A...

Freedom Of Speech And Expression Wrt Indian Constitution

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Every democratic society is built on the fundamental principle of freedom of speech and expression. The right to open communication and the ability to learn from others are fundamental componen...

Analyzing Characteristics of Different Constitutions of the World

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Diverse constitutions across the globe differ in their structures, rights, and powers of governance. Ranging from the United States Constitution, whose provisions are elaborate, to the European...

Constitutional Imperatives: Social Justice in India's Legal Framework

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This essay explores the complex relationship between social justice and India's legal system, specifically focusing on the constitutional requirements. By conducting a thorough examination, it ...

The Intersection of Law and Morality: A Philosophical Journey

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A law student could gain a more perspicacious understanding of law if he views the law from a "bad man's" point of view and thereby recognizes the dichotomy between law and morality. This artic...

Right To Life Under Article 21 Of The Constitution

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The sweep of the right to life conferred by Article 21 is expansive and far-reaching. It does not merely imply that life cannot be extinguished or taken away, as, for example, by the imposition and...

Appellate jurisdiction of Supreme Court

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As a court of appeal, the Supreme Court is the final appellate tribunal of the land. The power of reviewing and revising the orders of courts and tribunals by the Supreme Court is called Appell...

The Breathing Historical Background of India's Uniform Civil Code

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In 1948, as the Constitution of India was being drafted and the principles of pluralism were under discussion, one particular social reform emerged as a contentious issue. It caused a split wit...

Electoral Reforms And Political Funding: Working Towards A Transparent Democracy

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Electoral reforms and political funding are the most essential aspects of any democratic set up. It makes the election process fair and transparent while maintaining the sanctity of the politic...

Article 22: Break Off Time On Preventive Detention

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I've had the chance to talk about how these kinds of restrictions on one's personal freedom are not only permissible but also covered in the Constitution's section on fundamental rights in rece...

Principles of Natural Justice: Objects, Origins, Types, Rules, Biases, Except...

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Objects of the Principles of Natural Justice:Natural justice, also referred to as procedural fairness, is a legal doctrine that covers the most important procedural rights to ensure impartial and...

Guardians of Rights: Exploring India's Supreme Court Types of Writs

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The Supreme Court of India holds a fundamental role in upholding the Constitution and ensuring the protection of individual rights through the issuance of specific judicial orders known as writ...

A Comparative Analysis Of The Ordinance-Making Authority Vested In The Presid...

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One of the most contentious powers granted to the administration in India is the ability to enact ordinances. This authority is intended to be utilized exclusively in emergency situations and s...

Two Dimensions of Rule of Law: Applying it to the Constitution of India

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Rule of law is a legal concept which doesn't have a precise meaning. Anything commendable, rules and regulations, made to govern the people are Rule of law. It has gone through several evolutio...

Impeachment Of President And Judges Under The Constitution Of India

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India is a democratic country where no one is above the law. But what about lawmakers i.e., President and Judges. One who make law and other who supervise the law. Their might get chances that ...

Empowering Women: Analyzing The Vishaka Case And Its Impact On Workplace Equa...

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Case Comment: Vishaka And Ors. V. State Of RajasthanBrief Facts the case: The immediate cause for filing the writ petition was an incident of alleged brutal gang rape of a social worker in a vil...

Your Guide to Filing a Writ Petition in Public Interest

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Writ Petition in Public Interest A writ petition in public interest invoking extraordinary original jurisdiction under Article 32 of the Constitution read with Order XXXVII Rules 1 and 12(1) (d) (...

Gender Parity In Governance: Critical Analysis Of Women Reservation Law

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The article deals with the intricacies of the women's reservation law in India. The present law promises 30 per cent women reservation in the state legislature and union parliament. Examining t...

Understanding the Doctrine of Ultra Vires

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The idea of ultra vires has its roots in ancient Rome. In the 19th century, it came to the fore in corporate law as a safeguard against corporations' actions beyond their objectives. This conce...

Cultural and Educational Rights in India Guaranteed under Indian Constitution

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Certain religious and linguistic minorities are guaranteed the right to culture and education under Articles 29 and 30 of the Indian Constitution. A portion of the population's language, script...

Jurisprudence Is The Formal Science Of Positive Law: Holland

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Formal Science: In the context of "formal science," it typically refers to disciplines that are concerned with formal systems, abstract structures, and logical reasoning, rather than...

Is Law Blind Or Has Opened Its Eyes?

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The notion of whether "law is blind" or has "opened its eyes" encapsulates a nuanced debate within legal philosophy and practice. It reflects ongoing discussions about the f...

Procedure For Filling A Public Interest Litigation

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The Modus Operandi For Filling A PIL Can Be Divided In To Two Ways: Filing: A PIL is filed in the same manner as a writ petition is filed either in the Supre Court ( Article 32) or in the Hi...

Live-In Relationships And Legal Implications In India

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Live in Relationship Law In India, cohabitation is becoming more and more common; this is a reflection of the changing cultural norms and views around marriage and relationships. Cohabitation ...

Doctrine of Prospective Overruling

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In 1932, the Supreme Court of the United States introduced the concept of prospective overruling in the case of Great Northern Railway v. Sunburst Oil and Refining Co. The Court asserted that i...

Qua Warrento: Understanding in Layman's Terms

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Quo Warranto: Unveiling Authority The term "Quo Warranto" originates from Latin, meaning "by what authority or warrant." This legal concept involves a writ issued by a court ...

R v/s Dudley And Stephens: The Tragic Case Of Survival At Sea

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The 1884 legal case of R v. Dudley and Stephens is a well-known example of English criminal law. It involved a difficult and morally challenging situation. The case revolved around four individ...

Austin's Theory Of Sovereignty: Key Components, Relevance And Critical Analysis

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John Austin, a 19th century British jurist, proposed a theory of sovereignty that has become a fundamental concept in both political theory and jurisprudence. This theory centres on the notion ...

Equal Employment Opportunities

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Equal Employment Opportunity or EEO is an idea where each employee is treated equally and given equal and unbiased treatment, irrespective of an employee's ethnic origin, political association,...

President Approves Uttarakhand: Uniform Civil Code

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The Bill was one of the poll promises of the BJP during Assembly elections in Uttarakhand in 2022. President Draupadi Murmur has passed the State's Uniform Civil Code (UCC) Bill, 2024, makin...

Minority Rights In The Constitution Of India

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Minorities are the groups that exist every where in the world. India is a democratic country. It is difficult to assume any democratic country without any Minority. The definition of minority i...

Jurisdiction of Supreme Court under Articl32

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They are discretionary writs, but the principles for issuing such writs are well defined. In the preconstitutional era, the jurisdiction to issue the prerogative writs was enjoyed only by three cha...

Janhit Abhiyan v/s Union Of India, 2022 (103rd Constitutional Amendment)

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Facts: Article 14, 15, 16,17, 29, 30, 32, 45, and 46. The 103rd Constitutional Amendment Act 2019 EWS Reservation The fact of the present case are that, the government of India passed a new...

Precedent As A Source Of Law: Different Aspects

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Classic Example of Precedent as a Source of Law:One of the most notable illustrations of precedent as a source of law in the United States is the 'Brown v. Board of Education' (1954) case. It cal...

Understanding Positive And Negative Law

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Positive Law:Positive law is a collection of legal rules and principles that are officially enacted, recognized, and enforced by governmental authorities in a specific jurisdiction. It differs ...

Article 21 And Its Ever Expanding Scope

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The right to live a free, full and dignified life is one of the most basic principles of human existence. Every person is entitled to live their life on their own terms, with no unfair interfer...

Anti-Defection Law in India: A Critical Assessment

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Defection by legislators occurs in many democracies. It can be argued that they can undermine the stability of the cabinet, which is dependent on the support of elected legislators. The argumen...

Approbation of Constitutional Benches: Government of National Capital Territo...

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The Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023 was passed by the Central Government. It resulted in the nullification of the Judgement of the Constitutional B...

National Emergency: A Comparative Analysis Of Emergency Laws In India, USA An...

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A state of emergency is characterised by a national government that suspends or modifies the regular operations of the state by suspending the Constitution and other government agencies. A s...

The Rule Of Law: Evolution, Application, And Challenges In India

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In this essay, we will examine the concept of the evolution of the rule of law in India. We will discuss the benefits and drawbacks of the rule of law, as well as how it applies in both the Con...

Empowering Citizens: Understanding Public Interest Litigation (PIL) in India

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Public Interest Litigation (PIL), in simple words, refers to litigation for the benefit of public interest. It can be filed in any Court of Law by any public-spirited person to protect public i...

Safeguarding Privacy: Kharak Singh And State Surveillance

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The question raised in the petition was that, Whether Chapter 22 of UP Regulations infringes Fundamental Rights under Article 19 and Article 21?[3] Summary of Dissenting Opinion Kharak Singh ...

Legal Status Of A Minor

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Legally, a 'minor' is an individual who has not yet reached the age of majority, typically set at 18 years old in most legal systems. This age serves as a dividing line between childhood and ad...

Constitutionality of the Electoral Bond Scheme

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Constitutionality of the Electoral Bond Scheme Association for Democratic Reforms v Union of India Citation: 2024 INSC 113 "The Supreme Court held that the Electoral Bond Scheme was uncon...

Hierarchy of Authority of Courts

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According to the principle of judicial hierarchy, higher courts have authority over lower courts within the judicial system, and as such, lower courts are bound to follow the decisions and prec...

Federal Form Of Government In India

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languagelaw_9223843057.jpgThis paper helps in understanding the nature of the Constitution in India. As we know India is the seventh largest country in the world and second most populous countr...

The Unlawful Activities (Prevention) Act,1967 (UAPA) And It's Analysis

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The Unlawful Activities (Prevention)Act, 1967 is a law aimed at the prevention of unlawful activities association in India. Its main objective was to give powers to central institutions for dea...

Citizenship In India: Understanding Rights, Obligations, and Domicile Under t...

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Citizenship is the bond that exists between a person and a state, to which the person owes loyalty and is consequently entitled to the protection of that state. Citizenship denotes a position o...

Beyond Rights: Embracing Responsibilities under Article 51A

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Rights and obligations are intertwined threads that make up a thriving society in the tapestry of democratic principles. While rights provide people authority, duties direct those same people's...

Exploring Article 51A: The Foundation of Fundamental Duties

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Amidst the intricate web of rights and obligations that characterize citizenship, Article 51A of the Indian Constitution stands out as a guiding principle, knitting together the core fabric of ...

Towards A Unified Legal Framework: The Imperative Of Uniform Civil Code In India

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India, with its diverse cultural and religious landscape, has long grappled with the challenge of harmonizing personal laws governing various communities. The call for a Uniform Civil Code (UCC...

Protector Of Right To Life And Personal Liberty: Article 21 Of Indian Constit...

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Right to life and personal liberty are the most essential and important right of human being. Every constitution in the world assures the right to life. It is the foundation of rights, also we ...

The Significance Of Right To Information Act And Its Role Democratic Governance

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The right to information act 2005 is a landmark legislation in India the empowers citizens to access information held by public authorities. It was enacted on October 12 2005.The right to infor...

The Significance Of Right To Information Act And Its Role In Democratic Gover...

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The right to information act 2005 is a landmark legislation in India the empowers citizens to access information held by public authorities. It was enacted on October 12 2005. The right to i...

An Overview Of Right To Equality Under Article 14 Of Indian Constitution

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Article 14 of the Indian Constitution, also known as the 'Right to Equality', is understood by most people here, even after 73 years of independence. our country is not able to gain actual inde...

What Is A Right And What Does Right To Life Include In India Under Article 21...

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Rights are fundamental entitlements granted to all individuals without discrimination based on caste, religion, gender or any other attribute. Article 21 of the Indian constitution ensures the ...

Information Act 2005 and its role in Democratic Governance

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In the digital age, access to information is the foundation of democracy. India's enactment of the Right to Information Act (RTI ACT) 2005 is a milestone legislation that promotes translucency,...

The Gaurdian Of Public Order And National Security: The National Security Act...

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This article aims to understand the act as well as analyses and examine the objectives and the significance of the act. It has a key focus on the preventive detention laws in India when compare...

Role of Supreme Court as a Guardian: Article 37

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The role of the Supreme Court is essential in the constitutional system in India. The most important responsibility is to ensure that laws are fairly administered and to make sure that no citiz...

Custom as a Source of Law: Advantages & Drawbacks

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Custom is a source of law that refers to established behavioural patterns within a society that are widely recognized and followed as legally binding norms, even if they are not formally writte...

The Evolution of Article 21: A Journey Through Indian Constitutional Law

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" No person shall be deprived of his life or personal liberty except according to the procedure established by law." Article 21 of the Indian Constitution guarantees the fundamental ...

Citizenship Amendment Act (CAA) 2019

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Citizenship as the name defines is the relationship between individuals and state. A citizen of a state is a person who enjoys full civil and political rights. It begins and ends with the state...

Understanding Your Fundamental Duties Under Article 51-A

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You're a citizen of India. You have fundamental rights guaranteed by the constitution. But did you know you also have fundamental duties? These duties are laid out in Article 51-A and are meant...

The Legislation of Article 23 in Hong Kong: Ramifications

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The legislation of Article 23 in Hong Kong recently has led to a heated debate regarding its potential infringement on the rights and freedoms of speech and expression. The law, which became ef...

Freedom Of Trade, Commerce And Intercourse In India

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As we all know India is a democratic country and we live in era where every things are being digitalized from north pole to south pole, be it America , Japan and China . This paper will discuss...

Legal Doctrine of Forum Non Conveniens

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The legal doctrine of forum non conveniens permits a court to determine that another court may be more suitable for adjudicating a case. This is typically employed when a court determines that ...

Algorithm of Indian Reservation System

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In India, reservation focuses on reserving seats in government offices, educational institutions, and even legislatures for forceful populations. Reservation is also referred to as a positive d...

Jurisdiction of Supreme Court

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The Supreme Court of India established by Article 124 of the Constitution which specifies it's jurisdiction and power's and enables Parliament to confer further Jurisdiction and power's on it. ...

Constitutionality under Scrutiny: Evaluating the Justification behind Removin...

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Welcome, avid readers and legal enthusiasts, to a thought-provoking exploration of constitutional matters that have set the stage with debates and controversies. In this gripping blog post, we ...

Literal Rule of Interpretation of Statutes: Important Features, Advantages an...

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The literal rule of interpretation of statutes gives preference to the precise language used in a statute or law under scrutiny. It requires that the words be given their ordinary, grammatical,...

The 42nd Amendment: India's Mini Constitution

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The 42nd Amendment to India's Constitution is like a major update. It happened in 1976, during a tough time called the Emergency. People also call it the "Mini Constitution." So, the ...

Understanding Time in Law: How Retrospective and Prospective Laws Shape Legal...

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In the realm of laws, there are two kinds: those that look back and those that look forward. Retrospective laws look back in time, changing the rules for things that happened before the laws we...

Primacy Of Opinion Of The Chief Justice Of India In Appointment Of Judges To ...

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All constitutional functionaries have their own constitutional duties in making appointment of judges to the superior judiciary, the role of one of the principle constitutional functionaries, n...

The Principle Of Constitutional Interpretation

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As a fundamental notion in constitutional law, the principle of constitutional interpretation governs the standards that judges must employ when deciphering the text of a constitution. Constitu...

Historical and Contemporary Developments of the Doctrine of Judicial Review

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Judicial review in its most basic of sense refers to the reviewing of acts issued by the legislature, or the executive, scrutinizing their consistency with the high laws, primarily the Magna Ca...

The Discourse On The Ram Mandir Amidst Concerns Over Declining Secularism

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The term 'secular' means being separate from religion. A secular person is one who have the equal respect to all religions. In the term of the secular state, the state has no religion or the st...

Exploring Fundamental Rights In The Indian Constitution: A Comprehensive Anal...

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In any democratic society, the cornerstone lies in the protection of individual liberties and the pursuit of equality and justice. The Indian Constitution encapsulates these principles through ...

Doctrine of Repugnancy: An Analysis

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The legal concept of Repugnancy is applicable in federal systems such as India, where powers are divided between the central government and state governments. To illustrate this principle, let'...

Understanding Analytical School of Jurisprudence

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The study of analytical school of jurisprudence delves into the examination of the essence of law, its concepts, and its principles through the application of logical reasoning and linguistic a...

Role of Reservation for Upliftment of Socially and Educationally Backward Cla...

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The phrase "Other Backward Class" is used by the Indian government to refer to castes that have social or educational disadvantages. Along with the General Class, Scheduled Castes, and Schedule...

Writs Issued by High Courts and the Supreme Court

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Indian courts grant writs of different natures for the protection of fundamental rights and ensuring justice. A writ cannot be issued by a court subordinate or lower to the High Court. The five...

Difference between Fundamental Rights and Fundamental Duties

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Fundamental Rights and Fundamental Duties:The Indian Constitution contains two crucial elements - fundamental rights and fundamental duties - that play distinct but complementary roles in shaping...

Emergency Under Constitutional Law

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An emergency is an extreme situation when The President of India makes the final decision and declares an emergency when the nation's constitutional machinery fails to the point where it cannot...

The Heart of India's Constitution: Exploring the Preamble and Its Evolution

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The Constitution of India which was adopted by the Constituent Assembly on 26th November, 1949 and came into force on 26th January, 1950 contains a Preamble which outlines its fundamental frame...

The Power of Judicial Review: Safeguarding Fundamental Rights and Constitutio...

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Judiciary is the protector of Fundamental Rights and also the guardian of the Constitution. Judiciary got many powers: one of which is Judicial Review. Judiciary protects Fundamental Right with...

Implementing Uniform Civil Code In The Light Of Secularism And Religious Freedom

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The discussion centers around the concept of the Uniform Civil Code (UCC) in India, exploring its historical background, intersection with fundamental rights, and the challenge of balancing rel...

Cross Voting And Liability Of A Winning Candidate/Party: A Questionnaire

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Cross Voting and Liability of Wining Candidate / Party - A Questionnaire I don't think anyone will disagree that the state of democratic process and election of RS members in UP and Haryana has...

Uniform Civil Code: A Weapon Of Secularism

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The civil code refers to a set of laws that govern personal matters such as marriage, divorce, inheritance, and adoption. These laws are the same for every citizen of the country, irrespective ...

Differences between Written and Unwritten Constitution

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Two distinct approaches to shaping a nation's legal framework and principles of governance are embodied by a written constitution and an unwritten constitution. A written constitution takes ...

Rigid Constitution and Flexible Constitution: Analysing Differences

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Rigid Constitution:A rigid constitution is distinguished by strict protocols for modification, usually demanding substantial agreement or special majorities to modify fundamental laws. It frequ...

Analysing Salmond's Theory of Jurisprudence

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Salmond's Theory of Jurisprudence is a concept derived from the legal philosophy formulated by John William Salmond, an eminent jurist and scholar in the field of law who lived during the last ...

Marxist Theory of Jurisprudence: Key Features

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Marxist theory of jurisprudence offers a framework for examining law as a tool of social subjugation and oppression in capitalist societies. At its core, this theory asserts that law serves the...

Preserving Constitutional Integrity: An In-depth Analysis of the Doctrine of ...

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As per the law that we are following now constitution is made upon certain basic structure which actually relay upon the development and progress of the country. In accordance to the controvers...

What is Preamble??

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WE, THE PEOPLE OF INDIA having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizen JUSTICE, social, economic and polit...

Ownership and Possession: Analysing their Differences and Transition of Posse...

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Ownership:Possession refers to the legal right of a person to keep, use, manage, and get rid of property. It implies having all rights and control over a certain property, which can be physical...

Indian Constitution: Key Features, Strengths, Weaknesses, Influence of other ...

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The Indian Constitution is a constantly evolving and extensive legal text that acts as the highest form of law in India, providing a structure for the nation's administration and outlining the ...

Jurisprudence and Law: Analysing their Differences

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The study of jurisprudence is similar to that of the philosophy of law, as it delves into fundamental concepts of what the law ought to be and its relationship to equity and morality. It is pri...

Evolutionary Theory of Law: A Study

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The evolutionary theory of law has an intriguing similarity between the processes of biological evolution and the emergence of legal systems. Much like organisms adapt to changing environments ...

A Critical Study On St.Xavier College v/s State Of Gujrat In The Light Of Min...

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The case of St. Xavier's College v. State of Gujarat stands at the intersection of constitutional law, educational autonomy, and the protection of minority rights in the diverse and culturally ...

Electoral Bond Scheme: A Questionnaire

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Electoral Bond Scheme - A Questionnaire In the Constitution Bench Judgment by which the Electoral Bond Scheme was declared unconstitutional, many question remained hush - i.e. whether the sc...

Article 21: Protection Of Right To Life And Personal Liberty Under Indian Con...

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Through Article 21 of the Indian Constitution, every person has been provided with the right to life. The right to life not only refers to the existence of breathing, but also includes a number...

Analysis of Same-Sex Marriage Judgement

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Marriage is considered a sacred institution in India, as it provides legal recognition to two couples that they are partners to each other. Marriage can be registered through various Acts suc...

Sabarimala Temple Case: Justice Indu Malhotra's Dissenting Opinion

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The Sabarimala Temple case in Kerala is about the contention between women's rights and custom. The situation is connected with the deep-rooted traditions and the SC's decision that supremacy t...

Good Law: Essential Attributes

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The essential attributes of a good law may be classified as follows: Clarity and Precision: The hallmark of a good law is its clear and precise language, as ambiguity can lead to confusion and u...

Article 32: Your Writ Jurisdiction Roadmap to Justice and Right to constituti...

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Individuals have the right under Article 32 of the Indian Constitution to petition the Supreme Court for justice if they believe their rights have been "unduly denied." As the "protector and gu...

Democracy to Dictatorship: Smooth Transition through Subtle and Insidious Pro...

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The erosion of democracy and the transition to dictatorship is a complex process that can unfold gradually, involving a series of calculated moves, political schemes, and structural changes. In...

Can Film Stars Influence Foreign Policy And Making Of Laws?

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Can Film Stars Influence Foreign Policy and Making of Laws? Influence of Film Stars on Foreign Policy: Public Advocacy: Film stars are able to raise awareness on global issues and shape p...

Understanding the Concept of Lawfare: Advantages and Risks

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Lawfare:Lawfare is a complex concept that involves the strategic utilization of legal mechanisms and institutions to achieve objectives that go beyond traditional legal goals. It involves a com...

Some Peculiar Laws of the World

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Some Peculiar Laws of the World Various countries have distinctive laws that reflect their unique cultural, historical, and social backgrounds. These laws may appear bizarre to outsiders, but ...

Legal Implications Of Conversion On Burial Lands

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This paper explores the legal implications of religious conversion on burial rights in India. Through an analysis of constitutional provisions, statutory laws, and judicial precedents, it exami...

Analysing Unique Aspects Of Constitutions Of Different Countries Of The World

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Analysing Unique Aspects of Constitutions of Different Countries of the World The analysis of unique aspects of constitutions of different countries of the world is presented below: Bhutan: ...

Analysing the Emerging Trends in Jurisprudence: Challenges And Solutions

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The constantly evolving field of jurisprudence is adapting to modern complexities and opportunities, as shown by emerging trends. An important development is the incorporation of interdisciplin...

German Constitution: Sources, Architects, External Influence, Important Featu...

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The Basic Law, also known as the German Constitution, has played a significant role in shaping the country's post-war democracy and fostering stability. However, it has also faced criticism and...

Analysis Of The Scope Of Untouchability Under Article 17

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"The removal of untouchability is one of the highest expressions of Ahimsa" -- Mahatma Gandhi Introduction The topic of untouchability is not new it came into force before the Independence....

Ensuring Justice: The Evolution and Importance of Accused Rights in India's L...

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In India rights of Accused are mentioned and are enshrined in the Indian Constitution and various other legal statutes .these rights are given to the accused to provide them fair chance or fair...

Preventing Prejudice And Malicious Intentions In The Creation Of Laws: Analys...

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The complex process of creating laws in democratic societies is significantly shaped by political and majoritarian factors. The alignment of laws with the ruling party or majority's political i...

Right to Die: Constitutional Perspectives, Legal Dilemmas, and Global Insight...

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In the intricate realm of constitutional law in India, the right to life and personal liberty, enshrined under Article 21, stands as a cornerstone, emphasizing the essence of individual freedom...

Jurisprudence: Definition, Examples, Explanation, Utility, Criticism And Exis...

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Definition: Jurisprudence is the guiding force behind the legal system, providing the philosophy and theories that underpin our laws. It acts as a wise mentor, raising important questions abou...

Doctrine Of Basic Structure: Enabler And Culminator Of Governance

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The doctrine of basic structure is considered to be a remarkable innovation to the theory of constitutionalism in that it has limited the powers of parliament over constitutional amendments. Pr...

Soft Law And Hard Law: Analysis of their Differences

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Soft Law: Soft law is all about those legal instruments that don't carry the weight of enforcement like the traditional hard law. Unlike treaties, statutes, or conventions which have legal obl...

In The Changed Social And Economic Scenario Does Wife's Demand For A Separate...

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In the changed Social & Economic Scenario does Wife's demand for a separate residence amount to an act of mental cruelty? It is common knowledge that women are no longer illiterate and are...

Relation Between Jurisprudence And Law

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Relation between Jurisprudence and Law Jurisprudence is like a fascinating journey into the world of ideas and deep thoughts about the law. It explores the fundamental concepts and principles of...

Understanding Feminist Jurisprudence

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Feminist Jurisprudence is a unique branch of legal theory that investigates the way women have been treated by the law throughout history and how this has affected their lives. The goal of Femi...

Caste Dynamics In India: Unveiling Historical Roots, Contemporary Challenges ...

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In general caste means any class or group of people who inherit exclusive privileges or are perceived as socially distinct. Entomology defines caste as a class of physically distinct individual...

Defending the Right to a Healthy Life: A Case Analysis of Murli S. Deora v. U...

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This is a case analysis of Murli S. Deora v. Union of India which stipulated a ban on public smoking all over India to uphold and recognize the right to a healthy life enshrined under Article 2...

Essence of Judicial Review: Safeguarding Democracy and Constitutionalism in I...

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Law became the inevitable part of the society. People are vested with the rights and entered into contract with the government, in return government give the people protection against the wrong...

Austin's Command Theory: Criticism and Utility

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The Command Theory of Austin, which was created by John Austin, a legal philosopher from the 19th century, is a fundamental aspect of legal positivism. This theory asserts that the very nature ...

Aruna Shanbaug Case: Legal Insights into the Landmark Judgment on Euthanasia ...

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Facts: Aruna Shanbaug was a nurse at King Edward Memorial (KEM) Hospital, Mumbai (then Bombay). On the evening of 27 November 1973, Aruna, then 25, was changing her clothes in a room meant for...

Dismantling Article 370: Constitution Crossroads, Judicial Interpretation And...

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The Supreme Court (SC) on December 11, 2023, upheld the constitutional validity of the order of the Union Government to repeal the special status of Jammu and Kashmir under Article 370. Althoug...

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