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Tag: constitution of india

The powers and functions of the Lokpal and the Lokayukta

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| constitutional law

Introduction:Corruption is a major obstacle in the path of good governance. To combat this, the Parliament enacted the Lokpal and Lokayuktas Act, 2013, which provides for the establishment of a central anti-corruption body called the Lokpal at the national level and Lokayuktas at the state level. The aim is to inquire into allegations of corruption against public functionaries and bring […]

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Issue of National Jurisdiction

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| constitutional law

Introduction In recent times, we have seen a mass rise in the incidents on high seas and the places where the applicability of laws are weak or absent. The area beyond national jurisdiction has become a bone for contention and place of exploitation for many countries. The existing biodiversity is maltreated and resources are arbitrarily […]

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Case Summary: Balaji Raghavan v. Union of India (1996)

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| constitutional law

The Balaji Raghavan v. Union of India case is a significant judgement by the Supreme Court of India that dealt with the constitutional validity of civilian honours. Specifically, it examined whether national awards like the Bharat Ratna, Padma Vibhushan, Padma Bhushan, and Padma Shri violated the constitutional provisions under Articles 14 and 18 of the Indian Constitution. […]

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Case Analyses : T. Venkata Reddy Etc. vs. State of Andhra Pradesh

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| case analysis

Case Name: T. Venkata Reddy Etc. vs. State of Andhra Pradesh Citation: [1985] 3 S.C.R. 509; 1985 INSC 71 Court: Supreme Court of India Date of Judgement: 27 March 1985 Bench: Hon’ble Mr Justice E. S. Venkataramiah (with Ranganath Misra, JJ.) Procedural History of T. Venkata Reddy Etc. vs. State of Andhra Pradesh Promulgation of the Ordinance: The Governor of Andhra […]

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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 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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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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