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Category: constitutional law

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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Religious practices and the evolution of Article 17 in India.

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| constitutional law

Introduction India is one of the most religiously diverse nations and it is the birthplace of four major world religions: Jainism, Hinduism, Buddhism and Sikhism. While Hindus form nearly 80 per cent of the population, India also has region-specific religious practices: for example, Jammu and Kashmir have a Muslim majority, Punjab has a Sikh majority, […]

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Ordinance Making Power of the President & Governor.

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| constitutional law

The Ordinance Making Power of President and Governors stands as a unique feature of the Indian constitution. While this power is intended as a tool for efficiency and necessity, it walks a tightrope between pragmatic governance and potential overreach. The Constitution of India provides a unique system of governance that balances the powers of the executive, […]

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A Comprehensive Guide to Interpretation of Statutes.

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| constitutional law

Interpretation of statute is one important task assigned to the courts by which they interpret the statute or law when there is question of law comes to it which is not precisely answered in the statute, and its lead to ambiguity and superficiality in the application of the law. Courts uses their analytical reasoning and […]

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“Every Girl Has a Constitutional Right to Free and Compulsory Education…Here’s What the Rajasthan High Court Says”

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| constitutional law

Rajasthan High Court affirms education as a legal right, not just an aspiration—State must ensure its full implementation through all concerned authorities. In a compelling affirmation of constitutional rights and human dignity, the Rajasthan High Court has once again reminded the nation of its solemn obligation to protect and empower its children, particularly its girls. […]

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