Month: June 2023
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Provisions Against Discrimination (Article 15)
Law and You > Constitutional Law > Provisions Against Discrimination (Article 15) The Constitution of India provides various fundamentals rights to its citizens and no discrimination based on religion, race, caste, place of birth, or gender. This is a very important right provided under Part III of the Constitution of India under Fundamental Rights. Discrimination…
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Equality Before Law (Article 14)
Law and You > Constitutional Law > Equality Before Law (Article 14) Part III of the Constitution is said to contain the Bill of Rights available to the people of India. This chapter of the Constitution has been described as `Magna Carta’ of India. The inclusion of a Chapter of Fundamental Rights (Chapter III) in…
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The Doctrine of Basic Structure of the Constitution
Law and You > Constitutional Law > The Doctrine of Basic Structure of the Constitution In this article, we shall discuss the doctrine of basic structure of the Constitution. Constitution of India did not expressly provide any limitation on the power of amendment under Article 368. The Constitution makers did not think it necessary to…
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Amendment of Constitution (Article 368)
Law and You > Constitutional Law > Amendment of Constitution (Article 368) James Wilford Garner, in his book, ‘Political science and Government’ says “No Written Constitution is complete without amending provisions, in some respects, the amending provision is the most important part of the Constitution”. Dr.Ashok Dhamija in his book ‘Need to Amend a Constitution”…
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Independency of Judiciary Under Constitution
Law and You > Constitutional Law > Independency of Judiciary Under Constitution According to the doctrine of separation of powers, there are three main organs of the Government in State i.e., legislature, executive, and the judiciary. Legislature performs the function of legislation, the executive performs the function of execution and administration, while the judiciary performs…
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Jurisdiction of Supreme Court in India
Law and You > Constitutional Law > Jurisdiction of Supreme Court in India Provisions in regard to the judiciary in India are contained in Part V (“The Union”) under Chapter IV titled “he Union Judiciary” and Part VI (“The States‟) under Chapter VI titled “Subordinate Courts” respectively. It is, however important to emphasize that unlike…
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Appointment of Supreme Court Judge (Articles 124 to 130)
Law and You > Constitutional Law > Appointment of Supreme Court Judge India has a federal Constitution. It is the supreme law of the land. The Constitution provides the division of powers between Central and the State Governments. It is natural that dispute might arise between the Centre and its constituent units (primarily the States)…
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Doctrine of Severability
Law and You > Constitutional Law > Doctrine of Severability The Doctrine of severability is also known as the doctrine of separability. This doctrine was devised by the Supreme Court to resolve the problem of the validity of laws which are declared as unconstitutional. When a part of the law is declared as unconstitutional, then a…
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Doctrine of Eclipse
Law and You > Constitutional Law > Doctrine of Eclipse The Doctrine of Eclipse says that any law inconsistent with Fundamental Rights is not invalid. It is not dead totally but overshadowed by the fundamental right. The inconsistency (conflict) can be removed by constitutional amendment to the relevant fundamental right so that eclipse vanishes and the entire law becomes valid. In other…
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Constitutionality of Law (Article 13)
Law and You > Constitutional Law > Constitutionality of Law (Article 13) To keep the belief of people in the State, Article 12 and 13 were introduced. Article 12 gives the definition of state and talks about the responsibility the state has towards people and their fundamental rights whereas Article 13 of the Indian constitution…