AMENDMENT CLAUSE

Analysis of Constitutional change Article 368 in Part XX of the Constitution deals with the powers of the Parliament to amend (i.e. to modify) the Constitution and its procedure. There are 3 types of amendments in the Indian Constitution. 1. Simple Majority Bills passed in this way are not deemed as ‘Constitutional Amendment Bill’. 50% + 1 members…

Conceptualising authoritarian constitutionalism By Roberto Niembro Ortega

A reaction paper A new term yet not new to us, Authoritative Constitutionalism. As the name gives away, it has something to do with Authoritarian which is strict obedience with the authority or (quoting Gunter Frankenberg) ‘right to command obedience’ and constitutionalism which is just opposite, limiting political powers (as said by Ortega) and/or a…

Uniform Civil Code: A backbone to remove gender inequality

“Injustice anywhere is a threat to justice everywhere” – Martin Luther King Introduction: In India, the Uniform Civil Code has sparked heated debate over its various meanings and consequences for secularism. Article 44 of the Constitution of India lays that “State shall endeavor to provide for its citizens a Uniform Civil Code (UCC) throughout the…

UNDERSTANDING THE IMPORTANCE OF RIGHT TO FREEDOM OF RELIGION IN THE LIGHT OF HADIYA COURT CASE(SHAFIN JAHAN VS K.M ASHOKAN)

The foremost observation of the analysis is that the Republic of Indian Constitution acknowledges the‘ Right to Freedom of Religion’as a introductory right that’s enforceable within the Supreme Court of India and thus the varied state High Courts and in theu.s., the correct to freedom of faith is incorporated within the Constitution through the primary…