INTRODUCTION Constitution can be described as the fundamental law of the land. It is the basis on which all other laws are made and enforced. We can all also that Constitution is mother of all other laws which draws their validity from it. It also sets the outline and authority and limitation for all laws farmed by the legislative body of any country. Making of Constitution is one thing and amending it another. Amendments are introduced as per the changing situations or as per will of the people
INTRODUCTION The word ‘Constitution’ came into existence from a French word ‘constitutio’ which derived from some Latin word meaning ‘to establish’. The Constitution of state is a basic document of that particular state respectively, which determines rights and duties of the citizens of that particular state. It also comprises of the functions and the system of the government that particular state will comprise of. Thus it can be said that, the Constitution of a particular state is a system of fundamental
A standout amongst the most testing provincial concerns confronting the modem administrator is the manner by which to make and apply law to a different populace energized by dissimilar convictions. The way in which India applies law to its Muslim minority was brought to the front line of the political enclosure in the Indian Supreme Court case Mohammad Ahmed Khan vs. Shah Bano Begum (1985). In 1975, Shah Bano, the girl of an Indian constable, was separated by her Muslim spouse and given an endowment
The Doctrine of Separation of powers is the harbinger to all the constitutions in the world. The Doctrine of Separation of powers came about during the existence of “The Great Charter” which is also known as “Magna Carta”. Lord Acton then remarkably quoted the phrase: “Power corrupts and absolute Power tends to corrupt absolutely” – Lord Anton. The separation of powers is based on the principle of ‘Trias Politicia’ which was coined by Charles Montesquieu who stated the doctrine in his own words
by chemical and biological agents and concerns about inherent food nature. The aim of this paper is to discuss constitutional perspective of right to food safety. The word food safety finds nowhere mention in the Constitution of India. However Entry 18 in List III of the Constitution empowers both Parliament and the State legislature to enact law on food adulteration. And in this regard various laws have been made. Every citizen has fundamental right to safe food as Article 21 guarantees right
CODE AND PROTECTION OF THE RIGHTS OF WOMEN IN INDIA Introduction: Indian Constitution expressly stands for gender equality. Article 44 of Constitution of India provides for UCC for all citizens and says that the State shall endeavor to secure for all citizens a Uniform Civil Code. But this idea is still a dead letter. Women who make up half of India are still fighting for gender just code to enjoy equality and justice irrespective of their personal
in our constitution are inherited from its preceding document, the Government of India Act of 1935. In addition to that the provision for suspending Fundamental Rights of the citizen during Emergency has been taken from the Weimar Constitution of Germany. Part 18 (Art. 352-360) of the constitution enumerates 3 kinds of Emergency – National, State and Financial Emergency. This paper is intended to analyse the use and abuse of various National Emergency provisions in the Indian Constitution with special
India and Nepal relation – Recent Inter-Relation Crisis and Problem Solving Workshop Introduction: Nepal is one of the landlocked country, which has three side border with India, and one side with China. India has deep security concern in regard of china throughout the history, and it put higher importance in Nepalese politics, as well as foreign policy. As an underdeveloped country, Nepal has been facing different challenges, such as economic, political, and social. Because of political instability
Executive branches of Turkey and India are weak compared to the legislative branches of their respective countries. The head of state for Turkey is the president and the current president was elected by the Turkish Grand National Assembly, but after a 2007 Constitutional revision the next presidential election will be election by the citizens. Having parliament elect the president is concentrating power in the legislative branch of Turkey’s government but an election by the people is dispersion of
neighbouring India has resulted in the need for a large and powerful military. In addition, the Cold War strengthened the military. Corruption amongst the ruling elite has only strengthened the army. Pakistan has also historically and continues to suffer from an ethnic division within the nation which has only exacerbated their problems. The army is believed to be above this ethnic division. The Islamic Republic of Pakistan is a relatively new nation, having only gained independence from British India in 1947
When we compare the federal systems of the United States and that of India, several differences are apparent. -In the US the president acts as both the head of state and the head of government, while in India the president acts as the head of state and the prime minister is the head of government. The US operates under a full presidential system, while the republic of India operates under a parliamentary system. One of the main differences between the parliamentary system and the presidential system
people, run by the people. This was this the epitome on which America was established. The “colonies” were required to have a written constitution to explain and consequently more precisely limit government influences. Shortly after the Articles of Confederation failed to work in the 13 colonies, the U.S. Constitution was produced in 1787.The preamble of the constitution is the idea that majority is favored. In our government, the congress uses the majority rules to follow through with the bills which
guaranteed by Indian Constitution to all of its citizens. “Right to freedom of speech and expression” is not an absolute right. It is subject to imposition of reasonable restriction as there is a correlative duty not to interfere with the liberty of other citizens. Indian Constitution is the ultimate source of law and from it all the rights emanate. Its place is higher than legislation because the validity of the latter is determined with reference to the former. Constitution is the product of national
years, proven to be a success. There is an established Constitution that is fair to all the people living in the country, the power of the leadership is vested within the people, and the people are able to voice their opinions without fear. These factors create the foundation on which a democratic nation can stand and continue to build on in. The early leaders of India knew of this, moreover they also knew that it was even more important for India to have these qualities because of its extreme diversity
coveted right enshrined in the Indian constitution and in the constitution of other countries on the globe. Press generally refers to the newspaper industry. In modern world, besides newspaper, there are various forms of news-media such as television and radio broadcasting, online news websites and blogs, etc. India is a democratic country. The Indian constitution guarantees the “freedom of speech and expression” as a fundamental right of every citizen of India. The restrictions that apply to the “freedom
The directive principle under Article 39(d) of the constitution proclaim "equal pay for equal work" for both men and women means equal pay for equal work for every one and as between the sexes. Directive Principles have to be read into the fundamental rights as a matter of interpretation. Article 14 enjoins
decisions of all Tribunals to the Supreme Court under Article 136 of the Constitution. In view of our above-mentioned observations, this situation will also stand modified. In the view that we have taken, no appeal from the decisions of a Tribunal will directly lie before the Supreme Court under Article 136 of the Constitution; but instead, the aggrieved party will be entitled to move the High Court under Article 226/ 227 of the Constitution and from the decision of the Division Bench of the High Court, the
Reservation in India is the process of allocating some percentage of seats (vacancies) in government institutions like educational institutions, jobs for members of backward and under-represented communities (defined primarily by caste and tribe). India has its own interesting history related to the concept of reservation in promotion. Reservation has been prevalent in India for quite some time now. Over the last 65 years of Independence, India’s Constitution has set aside some seats in parliament
of India enjoys limited power of Judicial Review. Judicial Review empowers the courts to invalidate laws passed by the legislature. Supreme Court of India also enjoys the power of Judicial Review. If it occurs to the Supreme Court that any law enacted by Parliament or by a State Legislature curbs or threatens to curb the citizen’s fundamental rights, the Supreme Court may declare that law as unlawful or unconstitutional. If any law is inconsistent with the spirit or letter of the constitution and
Article 19(4) imposes restrictions on this clause of Article 19. These restrictions conform with the restrictions imposed in Article 22(2) of ICCPR. Article 19(1)(d) and (e) of the Constitution entrust the right to move freely ,and reside and settle anywhere in the territory of India. However, Article 19(5) allows states to make any laws in interest of general public and thereby imposes a restriction on these rights. Article 13 of UDHR and Article 12(1) of ICCPR provide for these