Indian judiciary holds a pivotal function in moulding the constitutional and legal landscape of the country. It performs the function of custodian of the Constitution, which means it assures that the actions of the legislature and the executive are in tune with the principles laid down by the Constitution itself
The Ninth Schedule of the Indian Constitution is an exceptional and controversial legal instrument that grants specific laws immunity from judicial scrutiny. This was introduced through the First Amendment in 1951 to protect progressive socio-economic legislation or agrarian reform laws from being challenged as violations of fundamental rights.
Articles 19 to 22 of the Indian Constitution deal with the basic inherent right of personal liberty of the Indian citizens. Article 19(1) provides the great and basic rights which are the natural rights of citizens, but these rights are not absolute rights, they are liable to be curtailed by laws made by the state, to the extent mentioned in Clauses (2) to (6) of Article 19 under the grounds specified therein.
INTRODUCTION ARTICLE 20: PROTECTION IN RESPECT OF CONVICTION FOR OFFENCES: Article 20(1): No person shall be convicted of any offence
INTRODUCTION The Supreme Court is the Guardian of the Constitution. The essence of a federal Constitution is division of powers
We have attempted to comprehend not only who the government regards as a minority through this essay, but also the reasoning behind the government’s recent revisions to the reservation regulations for minority universities. Important concerns like “who can be considered a minority” and “whether affiliation is a Fundamental Right” have been subjected to a laborious process that we have witnessed.
The concept of secularism is implicit in the Preamble of the Constitution which declares the resolve of the people to secure to all its citizens “liberty of thought, belief, faith and worship”. The 42nd Amendment Act, 1976 has inserted the word ‘secular’ in the Preamble.
Article 21 of the Indian Constitution guarantees the fundamental rights to life and personal liberty by laying down “No person shall be deprived of his life or personal liberty except according to procedure established by law”.
Article 13(3) (a) defines “law” very widely by an inclusive definition. It does not expressly include a law enacted by the legislature, for such an enactment is obviously law. The definition of law includes:
As the fundamental rights apply only against the state, as has been held by Patanjali Shastri, J. in State of West Bengal v. Subodh Gopal Bose (AIR 1959 SC 92), it becomes necessary to define ‘state’. ‘State’, in a parliamentary democracy like ours, would mean the elected representatives of the country and the various organs of the government.
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