Found 46 Articles for Constitutional Law

The cabinet mission plan provided a framework for the formation of constituent assembly, which was established in 1946 to draft India's constitution. The Constituent Assembly is a democratically elected body entrusted with creating a constitution. The legislature is dissolved after the constitution is finalized. Because members of the constituent assembly are elected or unelected representatives, it is considered a kind of representative democracy. How was the Constituent Assembly of India formed? The Constituent Assembly of India was initially constituted to draft the Indian Constitution. This committee was chosen by the Provincial Assembly. M. N. Roy, a Communist movement pioneer ... Read More

The Supreme Court has assigned a five-judge Constitution Bench to hear all petitions contesting the repeal of Article 370, which granted Jammu and Kashmir special status. This Constitution Bench of five judges heard every plea. This new development brings back into focus the cases that have ruled on several of India's most important constitutional cases. The Supreme Court's Constitution Benches are tasked with deciding any issue that calls for a significant interpretation of the Indian Constitution. They are required by Article 145(3) of the Indian Constitution. What does Exactly Constitution Bench Define? In order to decide any case "involving ... Read More

The Indian Constitution, which establishes rules and regulations for the preservation of citizens' rights and imposes obligations upon them, is the ultimate law of the land. This extensive body of literature is regarded as the defender and custodian of each person's inalienable rights. One such right that is available to a person is the right to write. Since the Indian Constitution's provisions are authorized by law, the judiciary has independent control over the circumstances under which writs should be issued. The purpose of writs is to make it possible to determine an individual's rights immediately and to assist that person ... Read More

The 'Preamble' of the Indian Constitution is a simple opening phrase that spells forth the instrument's guiding aim and values, as well as indicating the source from which the document draws its power, i.e., the people. The Constituent Assembly of India enacted it on November 26, 1949, and it went into force on January 26, 1950. What is a Preamble? A preamble is an initial statement in a document that defines the philosophy and goal of the text. The Constitution expresses the purpose of its founders, the history of its construction, and the nation's essential ideals and ideas. The following ... Read More

The Constitution grants the Supreme Court a wide range of jurisdictional and executive authority. It functions as both a federal court, similar to the US Supreme Court, and a final court of appeal, similar to the British House of Lords (the Upper House of the British Parliament). It also serves as the final arbiter, keeper, and protector of the rights of the people under the Constitution. Additionally, it has advisory and governing authority. What is Jurisdiction? The Latin roots of the word "jurisdiction" are "juris, " which means "law, " and "dicere, " which means "to speak." As a ... Read More

This system in India has been guided by the principle of "process created by law, " under which it has only one test, namely whether the law has been made with the procedures of law or not; if not, it will be deemed unconstitutional. The constitution is the highest law in India, a country where the rule of law is observed. The Indian constitution is the supreme law of the land, and the Indian court system has the authority to overturn any laws that are passed that are in violation of the constitution's fundamental principles. What is Judicial Review? A ... Read More

The Universal Declaration of Human Rights and international human rights law both recognise freedom of expression as a fundamental human right. Free speech is protected by constitutional legislation in several nations. In political debate, terms like "free speech, " "freedom of speech, " and "freedom of expression" are frequently used interchangeably. In a legal sense, however, freedom of expression includes any action of obtaining, receiving, and disseminating information or ideas, regardless of the medium used. According to Article 19 of the UDHR, "everyone shall have the right to hold opinions without interference" and "everyone shall have the right to ... Read More

In a federal constitution, the powers are divided between the federal government and the states, just like in the United States. There is a clear division of authority, and both are autonomous in their respective fields. This means that a dual polity has been established. The federal constitution requires the division of legislative, executive, and financial authority among the states and the central government. What is Federalism? Federalism is a form of governance in which power is split between a central authority and the country's component entities. Two tiers of government are typical in federations. The first is the government ... Read More

A legal representative of the Union Government appears on their behalf in court. The Attorney General of India is the highest-ranking legal representative in the nation. He oversees the President's and the Union Government's legal affairs. When necessary, the President consults him for legal guidance. Article 76 concerns the Indian Attorney General. One must meet the requirements of a judge of the supreme court, which include having served as a judge of a high court for five years or as an advocate in a high court for ten years, or the president must determine that the applicant is qualified for ... Read More

Article 368 of Part XX of the Constitution empowers the parliament to amend the constitutional provisions. The constitution's authors recognised that the demands of a rising democracy are dynamic, and hence the constitution should leave room for future needs. As a result, they designed the modification method to be both flexible and rigid, making it difficult to change things. What are Constitutional Amendments? Constitutional amendments are changes made to the country's founding document, which serves as its supreme law. Changing or amending the constitution requires a formal change to the written text of the country's constitution. It comprises adding a ... Read More