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Category: constitutional law

Difference Between Autrefois Acquit and Autrefois Convict

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| constitutional law

The principle that no person should be tried twice for the same offence is a fundamental tenet of criminal law, rooted in fairness and justice. In Indian criminal jurisprudence, this principle is encapsulated in the doctrines of autrefois acquit and autrefois convict. Though both doctrines serve to protect individuals from repeated trials, they are distinct in their application, […]

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Powers and functions of Members of Parliament in India

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| constitutional law

Parliament of India The Parliament of India is the supreme legislative body in the country. Modeled largely on the British Westminster system, it operates as a bicameral legislature which includes two houses: the Rajya Sabha (Council of States) and the Lok Sabha (House of the People). Along with these two houses, the President of India […]

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Krishna Kumar Singh & Ors. v. State of Bihar & Ors.

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| constitutional law

Introduction The case of Krishna Kumar Singh & Ors. v. State of Bihar & Ors. (2017) is a landmark decision by the Supreme Court of India that clarified the constitutional limits on the power of the President and Governors to promulgate ordinances under Articles 123 and 213 of the Indian Constitution. The judgement specifically addressed the issues […]

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Powers and Functions of President of India

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| constitutional law

The President of India is the formal head of the state and the supreme commander of the Indian Armed Forces. While the position is largely ceremonial, it carries substantial constitutional powers, which are primarily vested under the Constitution of India.The Indian President is the head of the state and he is also called the first […]

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Emergency Provisions (Articles 352–360, Part XVIII)

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| constitutional law

The Constitution of India, the bedrock of the Indian democratic framework, provides a system of governance that maintains the balance between central and state powers under a federal structure. However, the framers of the Constitution recognized that in extraordinary situations, the Union must be empowered to take decisive action to protect national unity, integrity, and […]

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Gandhian Principles of Directive Principles of State Policy

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| constitutional law

The Directive Principles of State Policy (DPSP) are an integral part of the Indian Constitution, enshrined in Part IV (Articles 36–51). These principles provide guidelines to the government for the governance of the country. Though non-justiciable (not enforceable in a court of law), DPSPs are crucial in shaping India’s policies and laws. Among the various categories of DPSP, the Gandhian […]

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Functions of the Judiciary in India

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| constitutional law

The judiciary in India is one of the most powerful and respected pillars of the Indian democratic structure. As an independent organ of the state, it plays a crucial role in ensuring the effective functioning of democracy, safeguarding the Constitution, and protecting the rights of individuals. The primary functions of the judiciary in India are […]

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Structure of the Judiciary System in India

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| constitutional law

The judiciary in India plays a pivotal role in upholding the rule of law, interpreting the Constitution, and safeguarding fundamental rights. It acts as a guardian of democracy, ensuring that laws are followed and justice is administered impartially. India’s judicial system is unique, with its hierarchical structure designed to cater to the needs of a […]

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State under Article 12 and Landmark Cases

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| constitutional law

Definition of State under Article 12 Article 12 of the Indian Constitution defines the meaning of the term “State” for the purposes of the Constitution. According to Article 12, “State” includes the following: The government and the Parliament of India The government and Legislature of each of the states in India All local or other authorities within […]

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Article 15 of the Constitution of India

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| constitutional law

Article 15 of the Indian Constitution prohibits discrimination on grounds of religion, race, caste, sex, or place of birth. This article ensures equality before the law and prohibits any form of discrimination in public access to shops, public restaurants, hotels, and places of public entertainment. It also prohibits any form of discrimination in employment or […]

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