constitutional law


One week round up- Courts on COVID-19

June 22, 2020: Jagannath Rath Yatra allowed with conditions. A three-judge Bench, headed by Chief Justice of India S.A. Bobde, had allowed intervention applications against its order dated June 18, 2020, injuncting Rath Yatra and related activities in the Lord Jagannath Temple in Odis..

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Are people aware of their fundamental rights?

INTRODUCTION It’s been more than 70 years since India got its Independence, the legal system has changed.There were many amendments to the constitution during this period of time. But still, we can’t say that every citizen of our country is aware of his fundamental rights. There are many reasons for lack of awareness ..

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Panel to review age of marriage for women in India

Introduction The age of marriage is an important factor that can improve maternal and child health outcomes. The government is veering towards the same age for men and women, consultations for which are taking place among the relevant ministries. The task force is likely to have officials from..

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How effective is the mental healthcare bill

INTRODUCTION: According to the WHO reports, suicide rate for males is 12.2 per 100, 000 population and for females is 9.1 per 100, 000 population in and from India, neuropsychiatric disorders are estimated to contribute to 11.6% of the global burden of disease.<!--[if !supportFootnotes]--..

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Reservation is not a fundamental right - Declares the Apex Court

In 1932, the Poona Pact was created between B.R. Ambedkar and Mahatma Gandhi to shape India&rsquo;s Dalit political representation but the debate on social justice is only getting shriller. In the latest judgment, the Supreme Court has ruled that Reservation is not a Fundamental Right while rejecting a petition seeking OBC quota in Tamil Nadu medical colleges. This ..

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All you need to know about- The Copyright Act, 1957

The Copyright Act, 1957, together with the Copyright Rules, 1958 is the governing law for copyright protection in India. Indian copyright law is in uniformity with the international standards as contained in the TRIPS Agreement. The Copyright Act, 1957, following the amendments in 1999, 2002 and 2012, fully exhibits the Berne Convention for Protection of Literary and ..

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Maneka Gandhi judgment simplified

Landmark judgment in Maneka Gandhi case The judgment in Maneka Gandhi case ( Maneka Gandhi v Union of India: AIR 1978 SC 597) was a landmark judgment in the judicial history of India. It was a conscious attempt on the part of the Supreme Court (SC) in restoring the people&rsquo;s faith in the judiciary which reached ..

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Legal Framework in the protection of women in India

Women in our country have faced a lot of challenges during the Medieval period. Campaigns from reformers and activities led to the promotion of equal rights and reduction of violence against women to reach a stage that every woman is independent to choose careers and work to survive. Emergence of numerous women empowerment groups to fight social injustices that inhibi..

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Critical Analysis of Rules of Interpretation of Directory Provisions

Critical Analysis of Rules of Interpretation of Directory Provisions: Constitutionality, Law and Society. There are some rules of interpretation of Mandatory and Directory statutory obligation. [i] Mandatory Provision creates an obligation which has to be followed &ndash; and wh..

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Comparative Advertising and Disparagement vis-à-vis Freedom of Speech and Expression

Introduction The Constitution of India guarantees freedom of speech and expression to its citizens under Article 19. Clause (1) (a) of Article 19 states, &quot;All citizens shall have the right to freedom of speech and expression.&quot; The exercise of this right is, however, subjected to reasonable restrictions being im..

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Domestic Violence against men, an unaddressed reality in India

Gender roles definitions and stereotypes have always had a huge influence on the growth and development of societies and in turn countries, but what happens when these stereotypes influence the laws? When the law of a land is influenced by the gender stereotypes of the society, we are left with a law that would act as a two-edged sword in the hands of the gender which..

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Article 323A & 323B Of Indian Constitution - Tribunals

Background: Tribunals are the Quasi Judiciary Authorities exclusively set up by the Parliament to facilitate speedy Justice and reduce the burden on regular courts. This concept was introduced vide 42nd Constitution Amendment Act, 1976 (wef 03.01.1977) with the introduction of Part XIVA and Articles 323A and 323B to our Const..

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Is it not the right time to have gender neutral rape laws in India?

Since the inception of civilized society Rape has been considered as a most heinous crime against women. This fact is also reflected in our codified laws and the constant endeavor by our lawmakers and civil society to make the law pertaining to rape as stringent as possible. However, an aspect that has been largely ignored by our law makers and the society in general ..

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Right against exploitation - Article 23 & 24 of our Constitution

&ldquo;Exploitation is the action or fact of treating someone unfairly in order to derive benefit from their work. Hence Unfairness and Derivation of Benefit from the work of the affected are the two components in this definition. It happens to every common one in any capacity be at home or at workplace &nbsp;both in active and passive forms.&nbsp; Though such actio..

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Episode of A.P. State Election Commissioner: Legal and Constitutional Implications

Its still fresh in the mind, that in the middle of the local body elections, the Governor of Andhra Pradesh promulgated an ordinance removing the incumbent election Commissioner and appointed a retired judge in his place. Lets first look into the power of the Governor to promulgate an ordinance. Art 213 (2) of the Constitution..

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