constitutional law

Legal Age for Marriage

A Task Force has been constituted to examine the correlation of age of marriage and motherhood with (i) health, medical well-being and nutritional status of mother and neonate/infant/child, during pregnancy, birth and thereafter, (ii) key parameters like Infant Mortality Rate (IMR), Maternal Mortality Rate (MMR), Total Fertility Rate (TFR), Sex Ratio at Birth (SRB),..

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Important Case Laws and Amendments in the Hindu Succession Act

The Hindu Succession Act, 1956 is a codified law, which deals with the matters of succession and applies to any person who is a Hindu by religion. But ever since its inception, it has always been under a series of objections for having a patriarchal view towards the society at large. The most talked about subject being why daughters were not given an equal right in ..

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Conduct of business in our temples of democracy

Our temples of democracy have been the best place to profess and practice ethical politics in the best interest of the nation. It is the mother’s womb where new laws are conceived and hosts productive debates being the theatre of gladiatorial face-offs and a constitutional platform for the demonstration of the wisdom of members. These Houses are bound by Condu..

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Qualification For Membership To Our Temples Of Democracy

Indian Constitution has prescribed Articles 84 and 173 spelling out qualification for membership of Parliament and State Legislature respectively as under: Article 84: Qualification for membership of Parliament. A person shall not be qualified to be chosen to fill a seat in Parliament unless he— ..

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Adverse Possession

Individual Citizens have rights in respect of their lands which include protection from unlawful possession and trespass. As per the provisions of Section 27 of Limitation Act r/w article 64, if a person is dispossessed of his land/property he has right to file a suit to recover the possession, and if he fails to bring..

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Scope of fundamental rights in our democracy

SCOPE OF FUNDAMENTAL RIGHTS IN OUR DEMOCRACY Often legislation or making of the law by the Executive in our democratic process is dictated by agenda where the Governed has to repose confidence on the Elected to make new laws or amend the existing constraints in the implementation of laws based on recommendations of Law Commission or guidelines advised by..

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SC Summarizes Principles Relating To Substantial Question Of Law & Second Appeal Jurisdiction

High Court cannot also allow a second appeal, without discussing the question of law, observed Supreme Court in. Civil Appeal Nos. 2843-2844 of 2010 titled "Nazir Mohamed Versus J. Kamala & Ors." The appeals are directed against a common Judgment and Order dated 06.11.2008 dismissing the Second ..

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Performance Evaluation Of Elected Representatives Under Uniform Regulated Framework

In our Parliamentary form of Government, the day-to-day working of the Parliamentary system largely depends upon the effective and efficient performance of elected representatives. Over a period of time, Parliamentary programme covers numerous intricate matters-financial, legislative and non-legislative-concerning various Ministries/Departments of the Government. Ho..

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Remedies Under Art.32 and Art.226 of Constitution

Introduction Right to Constitutional Remedies provided under Art.32 and Art.226 of the Indian constitution. It empowers the citizen of the country to move to a court of law in case of any infringement of the fundamental rights by the state or other institutions/individuals. It gives powe..

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When our villages would be legally equipped with gram nyayalaya

Gram Nyayalayas Act, 2008 was enacted and came into force on October 2, 2009 for establishment of Gram Nyayalayas or village courts for speedy and easy access to justice system in the rural areas of India. This Enactment was framed to provide for the establishment of Gram Nyayalayas at the grass roots level for the purposes of providing access to justice to the citi..

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Strengthening The Office Of The Election Commission Of India

The Election Commission of India was established in the year 1950 and functions with the principal objective of defining and controlling the course of elections held for State legislatures, the Parliament and the offices of the Vice-President and the President of the country. In organising the elections of the largest democracy of the world, the Election Commission ..

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Right To Property Is A Constitutional As Well As Human Right: SC

In a well-balanced, well-reasoned, well-analysed and well-articulated judgment, a two Judge Bench of Supreme Court comprising of Justice Indu Malhotra and Justice Indira Banerjee in Hari Krishna Mandir Trust vs State of Maharashtra in Civil Appeal No. 6156 of 2013 delivered on August 7, 2020 reiterated that the right to property is still a constitutional and a human..

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Election Petitions

Any elector or candidate can file an election petition if he or she thinks there has been malpractice during the election. It is not an ordinary civil suit, but treated as a contest in which the whole constituency is involved. Election petitions are tried by the High Court of the state involved, and if upheld can even lead to the restaging of the election in that co..

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Poll alliances between political parties

India shall always remain a Union of States and the concept of Federalism has been strongly embedded in the Constitutional concepts of our democracy. Over the last 74 years of our Independence there have been hundreds of Regional and National Parties emerged and have been instrumental in the formation of Governments both at the State and the Centre. The Nature of Al..

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Contempt of Court Act in a Nutshell

The concept of contempt of court came into existence in India with the enactment of the Constitution of India. By including the concept the Constitution puts some restrictions on the freedom of speech and expression, and the personal liberty it otherwise guarantees. The Article 129 of the Constitution confers on the Supreme Cou..

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