Suo Moto is derived from a Latin term which proposes an action taken by an agency, court or other central authority on their own apprehension. In simple terms, it can be termed as taking control over a matter. Suo Moto cognizance is when the courts take a case on their own, in cases of negligence on an area of…
Black law’s dictionary defines emergency “as a failure of the social organization to deliver reasonable conditions of life”. An emergency could even be defined as “circumstances arising suddenly that involves immediate action by the overall public authorities under the powers granted to them.” In India, the emergency provisions are such the constitution enables the federal…
Introduction Article 13 (1) declares that all laws in force territory of India immediately before the commencement of this Constitution shall be void to the extent to which they are inconsistent with the provisions of Part III of the Constitution. Clause (2) of this Article provides that the State shall not make any law which…
The Doctrine of Eclipse is a doctrinal principle that advocates the concept of fundamental rights being prospective. If any law made by the Legislature is inconsistent with Part III of the Constitution, then that law is invalid and inoperative to the extent of it being overshadowed by the Fundamental Rights. The laws are hidden by…
Article 32 is the “soul of the Constitution and the very heart of it”. The best conferment of the Constitution is the Fundamental Rights. Somehow or another, they frame the rampart of our Constitution. Each one of these Rights is trivial if there exists no instrument to authorize them. Article 32 gives such a component. That…
Part XIII of the Constitution contains provisions relating to the freedom of trade, commerce and intercourse within the territory of India. Article 301 in general terms declares that trade, commerce and intercourse throughout the territory of India shall be free. The term ‘trade’ means buying and selling of goods. The word ‘commerce’ is wider than…
A citizen is a person who enjoys full civil and political rights. Citizens are different from the aliens who don’t enjoy these rights. Citizenship carries it with certain advantages conferred by the Constitution. Aliens do not enjoy these advantages. Parliament in exercise of powers given to it under Article 11 of the Constitution has passed…
Free and Compulsory Education, this is the very essence of right to education. The importance of education in day-to-day life cannot be negated. Education has become a huge part of being able to survive in today’s world, every other job opportunity requires a minimum educational and academic qualification for merely applying. There is a huge…
It would not be far-fetched to say that Article 32, which deals with the Fundamental Right to Constitutional Remedies forms the backbone of rights that have been bestowed on the citizens of India by the Indian Constitution. Article 32(1) provides the right to move the Supreme Court according to the procedure for the enforcement of…
“environment is’nt asking to conserve her for her But for our future generation” Environment is wellspring of land, water and soil and without any of these resources life of human beings are not possible and will completely be in danger if there is deficiency of these basic resources. And as we all know…
