Constitutional Developments in India

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.

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.

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.

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.

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 questions every law student seeks answers to!

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.

Constitutional Developments

Delhi Chalo Protest- Will the Farm Laws be amended?

Thousands of farmers have marched towards the (NCT) National Capital of Delhi on their tractor-trolleys and other vehicles protesting against the Centre. Here, the protest is being popularly referred as the "Delhi Chalo Protest" from the Delhi- Haryana border with respect to the three agriculture-marketing laws or farm laws enacted at the Centre in the month of September due to their fear that the new farm laws will dismantle the monopoly of the Mandi System in India indirectly and the Minimum Support Price System.

Constitutional Developments

Doctrine of the Basic Structure

Just like how important the judges are important for the courts to function, the bare acts hold importance to the lawyers, a similar significance is held by the Doctrine of basic structure to the Constitution. The term ‘basic structure’ is not explained anywhere however the idea is vividly conveyed by the constitution itself. The constitution of India is considered to be the most valuable document for the entire nation and the provisions mentioned in it are in no way, to be disregarded. So, to preserve and protect their essence, this doctrine had to come into the picture. The major concept backing it is that the Parliament shall not be overpowered to introduce a new set of laws that would affect and alter the basic structure of the constitution. Hence the doctrine states that the parliament’s unlimited power to amend the constitution is subject to only one restriction i.e. it should not dilute or violate the basic structure of the constitution. Or the effects of the amendment should not be abrogating or disturbing in nature towards the basic structure.

Constitutional Developments

India vs. USA Elections: Parliamentary System vs. Presidential System

Queen Elizabeth II, Hans Adam II, Salman of Saudi Arabia, Akbar or Henri, the Grand Duke of Luxembourg, who were they? All these were the monarch who ruled their countries. Monarchy was the form of government recognized all around the world. A renowned phrase “Raja ka beta hi raja banega” was the concept of monarchy.

Constitutional Developments

The Aadhaar Verdict: Key Highlights of Supreme Court's Judgement

The Apex court had upheld the validity of the Aadhaar (Targeted delivery of financial and other subsidies, benefits and services) Act, 2016 in the judgement of K.S. Puttaswamy II, decided in 2018.

Constitutional Developments

Right to Protest in India: Is it a Fundamental Right?

Recently the newspapers and news channels are flooded with the news of farmers protesting against the Farmers bill 2020 and marching towards the capital city from various places in the Punjab and Haryana. While some quotes it as a political conspiracy, others categorise it as a genuine protest to cease the final enactment of the bill due to some apparent shortcomings. The protest is taken on a massive note and farmers got successful in arranging a meeting with the officials but they were not the only one to suffer. It appears that the residents had to also go through a lot of trouble.

Constitutional Developments

Analysis of Right to Privacy in Modern Era

Article 21 has been termed as the heart of the Indian Constitution. The Supreme Court had extended the meaning of the word “life” and “personal liberty” giving birth to several rights under the said article. A right to be declared as a Fundamental Right, social and political rights enshrined under Part IV of the Constitution (DPSP) can be read with Part III to create enforceability of the provisions of DPSP.

Constitutional Developments

Parliament Monsoon Session 2020 Begins

The Constituent Assembly of India was elected to draft the Constitution of India. Subsequent to India's independence from Britain in 1947, its members served as the country’s first Parliament. The Parliament of India is the leading legislative body of the Indian Republic. It is a bicameral legislature comprising of the President of India and the two houses: the Rajya Sabha (Upper House) and the Lok Sabha (Lower House).

Constitutional Developments

Landmark Judgments of Justice Sharad Arvind Bobde

What is Right to Information? How to file an RTI

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

Kesavananda Bharati Case & The Basic Structure Doctrine

Tips and Tricks to remember Indian constitution

Making of the Indian Constitution

Delhi Chalo Protest- Will the Farm Laws be amended?

Doctrine of the Basic Structure

India vs. USA Elections: Parliamentary System vs. Presidential System

The Aadhaar Verdict: Key Highlights of Supreme Court's Judgement

Right to Protest in India: Is it a Fundamental Right?

Analysis of Right to Privacy in Modern Era

Parliament Monsoon Session 2020 Begins

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