‘All people shall have the right to gather peacefully and without armaments,’ according to Article 19 (1)(B) of the Indian Constitution. This means that Indian citizens have the freedom to meet and organize public gatherings or even processions at their leisure. However, under clause 3 of Article 19 of the Constitution of India, the state…
INTRODUCTION The doctrine of precedent refers to the doctrine that the court is to follow judicial decisions in earlier cases, when the same questions or points are raised before it in subsequent matters. According to Salmond, the phrase ‘the doctrine of precedent’ has two meanings. In its loose sense, it means that precedents are reported,…
On research, we find that Article 15 Clause (3), (4) and (5) itself stands as an exception to Article 15 Clause (1) and (2). Article 15 Clause (3), (4) and (5) states that the legislature is free to formulate special provisions: For women and children, For the advancement of any socially and educationally backward classes…
The term ‘Rule of Law’ is nowhere defined in the Indian Constitution yet this term is frequently utilized by the Indian judiciary in their decisions. Rule of law has been announced by the Supreme Court as one of the essential provisions of the Constitution so it cannot be amended even by the constitutional amendment. Rule…
The doctrine of Double jeopardy has been conceptualized in the Constitution of India under Article 20(2) which provides that no person shall be prosecuted and punished for the same offence more than once. It has been enshrined as a part of the Fundamental Right by the fathers of our Constitution under Part III. When a…
The Juvenile Justice System in India is structured around the Constitutional mandate prescribed in the language of Articles 15(3), 39 (e) & (f), 45 and 47, as well as several international covenants, such as the UN Convention on the Rights of the Child (CRC) and the UN Standard Minimum Rules for Administration of Juvenile Justice…
INTRODUCTION 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 in the Lower House of the Parliament with only three members voting…
First of all, the word detention implies that when due to some criminal charges, a state or private citizen lawfully hold a person by removing his freedom for that time. Detention is of two types: 1.Punitive detention: in this type of detention, the person is arrested by the police after committing the any offence. And…
Pardon means the formal act of liberating someone. Every country has the right of pardoning. The court doesn’t take any emotions or history into consideration it strictly follows the law for the adjudication. Pardoning power proves to be an aid for correcting judicial errors. In a nutshell it means to consider the case beyond the…
Sleep is a necessary component of a healthy human existence and well-being. A person’s right to live in a healthy environment is violated when he is denied sleep. This right, like all others, is subject to reasonable limitations imposed by law. Noise or other disturbances can impinge on it. Noise is recognized as a pollutant…
