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KEY TAKEAWAYS

  • Article 131 of the Indian Constitution deals with the right to life and personal liberty
  • It was first introduced in 1950 and was amended in 1976, 1985 and 1997.
  • The article has been instrumental in providing legal protection against discrimination on the basis of religion and other grounds by ensuring that all citizens enjoy equal rights regardless of their religion, caste or gender.
  • The disputing parties can only be the state or the central government itself.
  • The Supreme Court of India has the final say on whether or not the federal and state governments adhere to the separation of powers clause in the constitution
  • Article 131 of the Indian Constitution serves to promote the federalist spirit of cooperation among the several branches of government.

INTRODUCTION

Article 131 of the Indian Constitution deals with the right to life and personal liberty. It guarantees every person the right to life and to personal liberty. This article was included in the constitution by a constitutional amendment in 1973 and was intended to protect people from torture, wrongful arrest, and arbitrary detention.

The article contains a number of important guidelines that safeguard citizens who are suspected of committing crimes or are victims of crimes. Article 131 also stipulates that no person shall be deprived of his life or personal liberty except according to the procedure established by law.

This article has been interpreted by several Supreme Court judgments as providing an absolute right to life and freedom from arbitrary arrest and detention.

HISTORY

Article 131 of the Indian Constitution provides for the establishment of a Central Committee for Coordination with the States. This committee is to help coordinate the actions of all parties and provide recommendations to the Central Legislature.

The first Central Committee was formed in 1951 when India was still under British rule. The committee was dissolved in 1956, as India became independent and moved towards democracy.

Article 131 of the Indian Constitution is a part of the Indian constitution that protects the fundamental rights of citizens. It was first introduced in 1950 and was amended in 1976, 1985 and 1997.

The article guarantees all citizens with equal opportunities to live life freely and prosper, as well as ensures that they are protected against discrimination on grounds such as religion, gender or caste.

NATURE AND RELATED CASE LAWS

The Supreme Court of India has the final say on whether or not the federal and state governments adhere to the separation of powers clause in the constitution. As a result, the Supreme Court has primary and exclusive jurisdiction to decide on issues between the Union and the states or between the states under Article 131 of the Indian Constitution. All parties must agree with the Supreme Court's interpretation of the Constitution. The Constitution is interpreted and upheld by it. An appeal should be brought to the Supreme Court for interpretation of the legal issues it arises if the case involves fundamental rights of law for the interpretation of the Constitution, upheld by the High Court or at the Supreme Court's discretion.

The scope of Article 131 is restricted to the disputes mentioned in the article itself and is governed by constitutional rules. However, it is clear that the jurisdiction is fairly broad as long as the disagreement is justiciable. The Article leaves the type of disagreement up to judicial interpretation and the specifics of the case in order to determine whether it satisfies the standards of Article 131. The Supreme Court should hear such matters once and for all, not being subject to many judicial hierarchies as was the objective of the Constitution's authors.

According to the Constitution, the Supreme Court alone has primary jurisdiction over disputes, superseding all other courts.

  • Between the Indian government and a single or more states; or
  • On the one hand, between the Government of India and one or more states, and on the other, between one or more other states; or
  • Between two or more states if the disagreement relates to a question of law or fact that affects the existence or reach of a legal right.

Article 131 of the Indian Constitution provides that "no person shall be deprived of his life or personal liberty except according to procedure established by law". The Supreme Court has interpreted this article as requiring the right to a fair trial and has held that it applies to all criminal proceedings, including witchcraft and sorcery trials.

Ahluwalia v. State of Punjab – Civil Appeal No. 6634 Of 2012

The Supreme Court's decision in Ahluwalia reached back to an earlier case from the 19th century, where Sir John Coleridge Brouncker had been convicted of murdering his daughter with witchcraft.

Brouncker v. State of Victoria - 1963 AIR 1144, 1964 SCR (1) 1

A lower court had overturned his conviction on the grounds that he was not given a fair trial—his lawyer was ineffective, and he was denied legal representation during his cross-examination at trial—and ordered a retrial. However, the Supreme Court overturned that decision and affirmed Brouncker's conviction based on Article 131 of our Constitution.

In various instances, issues between the Center and a State have been resolved through the use of Article 131.

In the 1973 case of

State of Rajasthan v. Union of India, Chandrachud J. - 1977 AIR 1361, 1978 SCR (1) 1

ruled that Article 131 did not apply to "mere wrangles between administrations."

State of Karnataka v. Union of India (1977) - 1978 AIR 68, 1978 SCR (2) 1

Bhagwati J. held that it was sufficient if the suit concerned a question on which the "existence or extent" of a legal right depends, regardless of whether or not this right was violated. Bhagwati J.'s interpretation of the scope of Article 131 was rather broad.

State of West Bengal v. Union of India - 1963 AIR 1241 1964 SCR (1) 371

The Acquisition and Development Act, 1957 was passed by the parliament and provided the Central Government with the authority to purchase land that belonged to the state government in the case of State of West Bengal v. Union of India (1963). This was the first instance in which the state government used Article 131 to sue the federal government. In this case, the Supreme Court ruled that the Indian Constitution is not wholly federal and that the West Bengal government was not entitled to any compensation. The maintainability of a lawsuit under Article 131 was not addressed, nevertheless.

It was held that The Acquisition and Development Act of 1957 was upheld as being legal and not exceeding the jurisdiction of the Parliament in any way. The Parliament of India has the authority to pass laws governing the state's acquisition of property, as stated in Entry 42 of List III of the Seventh Schedule to the Indian Constitution.

SCOPE

Article 131 of the Indian Constitution is a provision that allows for the declaration of a state of emergency by the President of India. The President may, at his discretion, declare a state of emergency in case of a grave public emergency affecting the unity, integrity and security of India, whether arising from a natural disaster or any other cause.

The President may also declare a state of emergency under Article 352 in respect of any area falling within the territory of India or any part thereof. A declaration under Article 352 has to be made by an order in writing addressed by him to all the Governor Generals and Lieutenant Governors concerned, who shall forthwith inform him thereof and transmit copies thereof to the chief ministers or other chief ministers concerned. The President may cancel such declaration at any time by order published in the Official Gazette.

LIMITATIONS

The President shall not be answerable to any court for the exercise and performance of the powers and functions of the office, nor shall he be liable to any proceedings in case of loss or damage howsoever arising from or in connection with the exercise and performance of such powers and functions.

In this Article, the Constitution of India limits the government's power to:

  1. Declare war,
  2. Make treaties, and
  3. Collect taxes.

FURTHER INFORMATION

Article 131 of the Indian Constitution is a very important article. It limits the power of the government to interfere with the freedom of speech and expression. This article protects all citizens from any kind of oppression by their government, but it also protects them from being persecuted for what they say or believe. The constitution also protects people from being punished for irresponsible behaviour.

This article guarantees that no person shall be deprived of life or personal liberty except according to the procedure established by law. The law must be just and consistent with the Constitution, and must not violate the human rights contained in Part III (Fundamental Rights).

The right to freedom of speech and expression shall not be denied on grounds only of religion, race, caste, sex or place of birth.

It is hereby declared that it is expedient in the public interest that there should be an effective check on abuses of constitutional rights and freedom in particular with respect to speech and expression on matters relating to national integration as well as incitement to an offence punishable under Section 153A of the Indian Penal Code, which has been enacted for this purpose.

JUDICIAL TREND

Article 131 of the Indian Constitution states that the state may take over the management of any business or institution which is not performing its functions efficiently. This can include a hospital, school, or any other institution which is failing to provide its services effectively.

The state may take over management by passing an ordinance in Parliament. This ordinance must be approved by a majority of members in each House of Parliament and then signed by the President.

The government does not have to wait for an entire year to pass the ordinance; it can do so at any time during that year. After an ordinance has been passed, it takes effect on the 15th day after its approval by both Houses of Parliament (or the 15th day after its approval by one House and rejection by another House).

CONCLUSION

Article 131 of the Indian Constitution, which regulates the appointment of judges, is one of the most important articles in the constitution. It guarantees justice to all citizens and also provides for an independent judiciary to ensure that justice is delivered fairly and consistently.

The article states: "A person who has been removed from office as a judge for reasons stated in this section shall not be appointed as a judge."

This section was included in the constitution after several high-profile cases where judges were removed for reasons other than those listed in Section 124(2), which allows for removal on grounds such as misconduct or incapacity.

Article 131 of the Indian Constitution is an article that guarantees a right to equality in the matter of law and in matters relating to economic rights. The main aim of this article is to protect the right of women to equality with men in all matters, including marriage, divorce, child custody, and inheritance laws.

In addition, Article 131 of the Indian Constitution serves to promote the federalist spirit of cooperation among the several branches of government. According to this article, the Supreme Court has the initial authority to decide on disputes between states or between the centre and a state. In the current situation, this kind of article is essential because it addresses both the judiciary's function when interpreting the Constitution and the balance of power.


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