How to Repeal Laws in India?
Constitutional Developments

How to Repeal Laws in India?

Many amongst us are almost familiar with the law-making process in India wherein a bill is passed by both the Houses of Parliament and then it is sent to the president for assent. But what about its repeal? Only a few would have the idea as to repeal or nullification of the laws in India. Around 58 Acts have been repealed by far. As we have seen that after a lot of resistance from the farmers; PM Modi on the auspicious occasion of Guru Nanak Jayanti addressed the nation that the government will repeal the three new farm laws in the upcoming Winter session of Parliament despite constant efforts made by the Government to convince the farmers on the benefits of the farm laws. Now, the word “repeal” here means to withdraw, annul or revoke any Act of Parliament. But why & how? To know these, read this article.

Continue Reading about 2 months ago
Is there a law for Paternity Leaves in India?
Constitutional Developments

Is there a law for Paternity Leaves in India?

The discussions and debates revolving around paternity leaves have started to resurface around the time when the Indian cricket team captain Virat Kohli decided to take eternity leave and chose to desert in the India-Australia test series in between. Maternity relief is provided under Article 42 of the Indian constitution as under Directive Principles of State Policy. Various legislation have also been enacted to protect women's interests at work during their maternity leave.

Continue Reading about 3 months ago
Why India Needs a Separate Law for Honor Killing?
Constitutional Developments

Why India Needs a Separate Law for Honor Killing?

Attaining a happy ending is yet a euphoria for inter-caste marriage couples in India. Hundreds of cases of barbaric slaughter of such couples come across every year in the country. This practice of honour killing still subsists even in the dire times of covid-19 pandemic, with the latest case being murder of a 24 year-old in Tamil Nadu by his father-in-law and brother-in-law for marrying an upper caste girl. Regardless of the fact that these offences are neither new nor on the decline in India, there exists no separate legislation against them. There is a thread of causes as to the need of a distinct legislation for acts of honour killing in order to tackle the situation better.

Continue Reading about 3 months ago
Is Abortion Legal in India?
Constitutional Developments

Is Abortion Legal in India?

Abortion is among the few matters which have been inculcated in discussions among both national and international organisations. The whole saga revolves around the dilemma of whether the right to termination of pregnancy of a woman supersedes the right to life of an unborn foetus or child. The right to life has been recognised as a very crucial aspect of the Indian Constitution as per the provisions of Article 21. 

Continue Reading about 4 months ago
Is there a Fundamental Right to Drink Liquor?
Constitutional Developments

Is there a Fundamental Right to Drink Liquor?

Liquor is an inseparable part of the vast majority in India. Consumption of liquor amounted to 5.4 billion liters in 2016 which was expected to go up to 6.5 billion liters by 2020. It is a matter of lifestyle and choice for individuals, irrespective of the fact if it's a healthy choice or not. This leads to a question in any common citizen's mind about whether he has the fundamental right to consume liquor or not and whether the State Government absolutely banning liquor in their territory is backed by authority and justification or not.

Continue Reading about 4 months ago
Unfolding the OBC Act, 2021
Constitutional Developments

Unfolding the OBC Act, 2021

On 10th August 2021, the Monsoon Session of Lok Sabha cleared and introduced the 127th Constitutional Amendment Bill relating to the restoration of the power of identification of OBC class to the State Authorities. This Bill, which has been unanimously supported, aims at providing clarifications to a few provisions introduced in the 102nd Constitutional Amendment Bill (102nd Bill). 

Continue Reading about 4 months ago
Types of bills in the Indian Parliament
Constitutional Developments

Types of bills in the Indian Parliament

A Bill is a proposal for the legislation which becomes an act or law when duly enacted. Every bill has to pass through stages in each House. The Bills introduced in the Parliament are of two kinds- private bills and public bills. Although all the bills are governed by the same procedure in the House, they can differ in various respects.

Continue Reading about 6 months ago
Do you lose the Right to Privacy when you Die?
Constitutional Developments

Do you lose the Right to Privacy when you Die?

From ‘Right to equality’ to ‘Right to Constitutional remedies’. The constitution has provided us with all the rights to safeguard us from the arbitrary actions of different organs of the state. These rights not only let us enjoy our lives thoroughly without any kind of interference, but also establish a stability in the society we live in. But there is one aspect of all these rights, that all of us often ignore, and that is, what all rights would remain with us when all of us would be dead. 

Continue Reading about 7 months ago
High Courts in India- History, Jurisdiction, Composition
Constitutional Developments

High Courts in India- History, Jurisdiction, Composition

The High Courts of India are the highest judicial court in a every State and Union Territory. Articles 214 to 237 of the Constitution of India lay down the provisions of the High Courts. Article 214 deals with the establishment of High Courts in every state. High Courts have the power to exercise their original civil and criminal jurisdiction in any case, if the subordinate courts are not approved by the law to take up the matter due to the absence of financial or regional jurisdiction. There is a total of 25 High Courts in India.

Continue Reading about 7 months ago
The Need for Women Judges in the Higher Judiciary
Constitutional Developments

The Need for Women Judges in the Higher Judiciary

It took almost 39 years for India to have a woman judge in the Supreme Court of India. And by the time India gets its first woman CJI, it would have completed 77 long years as one of the three pillars of Independent & democratic India. So it is high time that while appointing the judges of the High Courts and the Supreme Court, equal representation should be given to the women in the judiciary. The higher judiciary should have a reservation policy for women. When we compare the higher and lower judiciary, we can see that while the lower judiciary has 27% of female judges, the High Courts have only 12% and the Supreme Court has only 4 women judges out of 33. As we reach closer to the top of the judiciary pyramid, we see fewer women representations. 

Continue Reading about 7 months ago
What is Public Interest Litigation?
Constitutional Developments

What is Public Interest Litigation?

The concept of “Public Interest Litigation” has been borrowed from the American Jurisprudence. In USA, it was designed in the 1960s, to provide legal representation to the previously unrepresented groups lie the minorities, people from the custody, migrant laborers, forced bonded laborers and other backward classes. It was established with the view that ordinary marketplace for legal services fail to provide fair services to these segments of the society.

Continue Reading about 7 months ago
The year to end child labour
Constitutional Developments

The year to end child labour

When we think of our childhood, the memories are usually associated with learning, going to school and living a carefree life. But, in India, due to the high levels of unemployment and poverty, a significant number of kids are being forced to work in harsh conditions, which is sometimes a threat to their life. Even when child labour laws exist, they are often violated as many state governments allocate very few resources to enforce child labour laws.  

Continue Reading about 7 months ago
Landmark Judgments of Justice Sharad Arvind Bobde
Constitutional Developments

Landmark Judgments of Justice Sharad Arvind Bobde

In 2018, the position of Chief Justice of India was referred to as the ‘First among Equals’ by a bench of the SC judges in a letter to the then CJI, Justice Arun Mishra. The CJI is a high constitutional functionary and is considered utmost important when it comes to deciding the landmark cases in India. The 47th Chief Justice of India, Justice Sharad Arvind Bobde is set to retire on 23rd April, 2021. As we know ‘With Great Power comes Great Responsibility’ and in his tenure of 18th months, Justice Sharad Arvind Bobde has been a part of some of the most consequential and watershed judgments in the history. 

Continue Reading about 9 months ago
What is Right to Information? How to file an RTI
Constitutional Developments

What is Right to Information? How to file an RTI

The Supreme Court once said that- ‘People are the masters, and the masters have a right to know how the government, meant to serve them, are functioning’. Right to information, as the name suggests, is a right given to every Indian citizen whereby they can secure access to information under the control of public authorities which will promote transparency and accountability in the working of every public authority. The RTI Act mandates timely response to citizen requests for government information. 

Continue Reading about 9 months ago
What is a Writ Petition & How do you file one?
Constitutional Developments

What is a Writ Petition & How do you file one?

The term writ has not been defined in the constitution. In common parlance, a writ may be defined as an order passed by the court directing an entity or individual to act in a particular way. Derived from British jurisprudence, a writ was basically a written letter issued to someone to do some particular act. Thus, the very concept of writ petitions can be said to have originated in the English Judicial system. 

Continue Reading about 10 months ago
Kesavananda Bharati Case & The Basic Structure Doctrine
Constitutional Developments

Kesavananda Bharati Case & The Basic Structure Doctrine

Have you ever heard about a case popularly known to be the ‘Savior of our Indian Democracy’? Kesavananda Bharati v. State of Kerala (1973) is a significant and the most renowned case in the history of our country whereby a judgment was delivered to protect the democracy of India, and its popularity is because of the fact that it led to a set- up of a largest 13 Judge Bench to hear the case in Indian history. On 24th April 1963, the Supreme Court laid down the Basic Structure Doctrine in this case. In order to understand the main crux of the case let us first discuss the facts and main issue which made it a landmark one.

Continue Reading about 10 months ago
Tips and Tricks to remember Indian constitution
Constitutional Developments

Tips and Tricks to remember Indian constitution

How can I memorize the articles of the constitution? What are the easy ways to remember all the Fundamental Rights? What are the tricks to remember Parts of the Constitution? These are some of the question every law students seeks answers for!

Continue Reading about 12 months ago
Making of the Indian Constitution
Constitutional Developments

Making of the Indian Constitution

December is a remarkable time in the journey of India to become an independent country because it was exactly 70 years back on December 9th (1946) that the Constituent assembly of India sat together for the first time to draft the constitution. And not just the constitution but India also acquired its National flag, Anthem and a lot more which accelerated the journey of attaining independence.

Continue Reading about 1 years ago