The Anti-Defection Law is installed in the tenth Schedule of the Indian Constitution. It was brought into power by the 52nd Constitutional change Act in 1985. The Anti-Defection Law was passed by Parliament in light of the fact that, in the first year, the Parliament had seen numerous surrenders. The expression Ayaram-Gayaram got mainstream when…
View detailsCONSTITUTION VALIDITY CHALLENGE The legitimate test to the legitimacy if the 103rd amendment is a “fundamental structure challenge”.”Certain auxiliary standards structure the centre or the substance of the Constitution and give it a specific Personality, for example, popularity based type of government, republican type of government, federalism, equity, opportunity, secularism, autonomy of the legal executive,…
View detailsJudicial Activism means the Rulings of the Court based on political and personal rational and prudence of the Judges presiding over the issue. It is a legal term referring to Court Rulings based, in part or in full on the political or personal factors of the Judge, rather than current or existing legislation. According to…
View detailsPAST BASIC STRUCTURE CHALLENGES RELATED TO RESERVATION “In order to qualify as an essential feature, a principle is to be first established as part of the constitutional law and, as such, binding on the legislature. Only then, it can be examined whether it is so fundamental as to bind even the amending power of the…
View detailsThis again takes into account an ill defined situation where it is surrendered essentially to the emotional assessment of the Executive to choose whether a demonstration represents a danger to public request or not. This ‘demonstration’ might just be deciphered as the discourse and articulation of an individual or company. Accordingly, Section 144 may wind…
View detailsLaws relating to the right to speak freely of discourse acquired during the COVID-19 lockdown The inquiry at that point is what is the current situation of the laws implied for explicitly managing COVID-19, on the right to speak freely and articulation? What are the possible ways the legislature could control discourse and articulation, and…
View detailsCONSTITUTIONAL VALIDITY OF 103rd AMENDMENT, 2019 “We must begin by acknowledging the fact that there is a complete absence of two things in Indian society. One of these is equality. On the social plane, we have in India a society based on the principle of graded inequality which means elevation for some and degradation for…
View detailsIn Dr. Khan’s case, the Calcutta High Court passed a request guiding the police to quickly restore his cell phone and SIM card and furthermore coordinated that there will be no further cross examination without the leave of a court. Further, the respondents may begin a criminal body of evidence against the writ candidate without…
View detailsMINOR LIABILITY IN PARTNERSHIP INDIAN PARTNERSHIP ACT, 1932 A minor, being incapable to make an agreement or contract, cannot be a partner in the firm. However, he may be admitted only to the benefits of the firm with the consent of all other partners. “A person can become a partner only by an act of …
View detailsINTRODUCTION The Constitution (One Hundred and Twenty-Fourth Amendment) Bill, 2019, was introduced in the Lok Sabha on January 08, 2019, with an aim to provide reservation in higher education and public employment to ‘economically weaker sections’ of the society. The Bill was passed within the Lower House of the Parliament with only three members voting…
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