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Minerva mills vs union of india

Constitutional LawBy AishwaryasandeepJuly 10, 2021Leave a comment

Fundamental rights, the essence of the constitution should be considered more than a directive principle as they can be enforced by the court of law. The three organs of the constitution, include – legislation, executive and judiciary. It is of utmost importance that there should be a balance between these. There have been instances where…

Constitution and its features in short

Constitutional LawBy AishwaryasandeepJuly 10, 2021Leave a comment

Introduction The term “constitution” is derived from the Latin word constitutio, which is used as regulations and orders. Later, the term was widely used in “canon law” for an important determination, especially a decree  Constitution is a legal document carrying the basic laws and principles of a nation, state, or social group and a document…

Judicial Activism and Judicial Restraint

Constitutional Law, Law, SocialBy AishwaryasandeepJuly 10, 2021Leave a comment

The judiciary has been assigned active role under the constitution. Judicial activism and judicial restraint are facts of that encourage creativity and pragmatic wisdom. The concept of judicial activism and judicial restraint is thus the polar opposite of judicial restraint. Judicial activism and judicial restraint are the two terms used to describe the philosophy and…

MANUAL SCAVENGING – A CONCERN

Constitutional Law, SocialBy AishwaryasandeepJuly 10, 2021Leave a comment

INTRODUCTION Even after 73 years of independence India is still suffering from casteism and discrimination which gives fluent path to the other issues like Manual Scavenging. Manual Scavenging means the removal of human excreta from the public streets and dry latrine pots, or gutters manually by humans. And generally this awful and hazardous work is…

The fine line between freedom of expression and offending someone

Constitutional LawBy AishwaryasandeepJuly 9, 2021Leave a comment

The fine line between freedom of expression and offending someone The fine line between freedom of expression and offending someone according to article 19 of our Indian constitution is everyone has right to freedom of expression and opinion. It means this article gives us right that we can speak freely and give our opinion on…

Freedom of Press in India

Constitutional LawBy AishwaryasandeepJuly 9, 2021Leave a comment

A Free press stands as one of the great interpreters between the Government and the people. To allow it to be fettered is to fetter over selves. ‘Freedom’ means absence of control, interference or restrictions. Hence, the expression’Freedom of press’ means the right to print and publish without any interference from the state or any…

GOVERNMENT GOVERNMENT GOVERNMENT

Constitutional LawBy AishwaryasandeepJuly 8, 2021Leave a comment

The above line sounds like a dialogue from Ekta Kapoors dirty picture doesn’t it? Well, our government has put this dirty picture in front of us by promising us the so-called ‘acche din’. There has been crisis all over india during this pandemic and our central government is just nudging these more. People are dying,…

Is uniform civil code needed?

Constitutional LawBy AishwaryasandeepJuly 8, 2021Leave a comment

Uniform Civil Code has been a very controversial topic in India concerning its diverse implications and concerning secularism. Article 44 of the Constitution of India states that “State shall endeavour to provide for its citizens a Uniform Civil Code (UCC) throughout the territory of India.”[1] The main objective is to bring uniformity in matters such…

preamble : internal aids to interpretation

Constitutional Law, MiscellaneousBy AishwaryasandeepJuly 8, 2021Leave a comment

“If the Constitution was a movie, the Preamble would be the trailer” INTRODUCTION The Act’s main aims and reasons are contained in the preamble, which serves as an internal aid to interpretation. The rule of preamble interpretation is that when an enactment’s wording is plain and unambiguous, the preamble has no role to play; but,…

Right to health as a fundamental right

Constitutional Law, Health, Mental HealthBy AishwaryasandeepJuly 7, 2021Leave a comment

Before talking about why we need to have health as a fundamental right it becomes important to know what is the meaning of health as well as fundamental rights. First let’s talk about meaning of health, the famous Merriam Webster dictionary defines word health as the condition of being sound in body, mind, or spirit…

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