Posts Tagged: constitution

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.

Recent Updates

Priya Ramani Defamation case

After the landmark judgment made in the Vishaka’s case, in the year 1997 the Supreme Court came up with the Vishakha guidelines which was a redressal of all types of sexual harassment complaints that covered all the workplaces whether it be public or private and was mandated by the court to be followed. The Vishaka guidelines gave rise to several movements and initiatives to address the sexual assaults taking place at work and the trauma it creates for the women. The popular #metoo movement was also one of the initiatives in this regard. So many women availed the opportunity and came up with their stories. Lately, there has been one more improvement made in that regard i.e. after the pronouncement made by the Delhi High Court in the Priya Ramani’s case.

Recent Updates

What is The Greta Thunberg Toolkit Case? Why Disha Ravi Arrested in Toolkit Case

The Farmer’s protests in the country have not just been the talk of the nation but have also gathered attention and concern at the international level followed by the various tweets made by various internationally renowned celebrities like Rihanna, Greta Thunberg, etc. In spite of these tweets facing a backlash, the fact they brought up was the need to address these protests without realizing the ground level scenario of these protests. Recently another incident added to the series of the controversies related to these protests.

Constitutional developments

Tips and Tricks to Remember Indian Constitution (Part I)

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!

Recent Updates

Nationalization of Banks: History of Indian Banks

The Indian banking system has a history of bank nationalization, particularly during the 1960s and 1980s. The first major wave of bank nationalization was seen in 1969 under the leadership of PM Indira Gandhi & the second wave of bank nationalization took place in 1980.

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

How Does the Basic Structure Doctrine Contribute to Ensuring Free & Fair Elections?

The first instance of booth capturing in India was recorded in the 1957 Bihar general assembly election, which stained the democratic election process. Not only booth capturing but voter intimidation, ballot suffering and other such malpractice activities also challenged the credibility and fairness of the electoral process in Bihar at that time.

Recent Updates

Free Speech vs. Contempt of Court: A Face Off

Ever heard of someone being charged with a fine of Re.1? Sounds surreal but is true! One of the most eminent advocates of our country- Mr. Prashant Bhushan was asked to pay it. Well, it was just the matter of a tweet which was made by the renowned advocate about the Chief Justice of India, accompanied by a picture where he could be seen on a bike. (That picture went pretty viral, in case you aren’t aware) and ultimately landed Mr. Bhushan in a lot of trouble because not only it amounted to ‘contempt of court’ but it also invoked the concept of ‘freedom of speech’.

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.

Protests and Riots

Caste Based Violence in India

Crimes against the historically marginalized Scheduled Castes and Scheduled Tribes by the upper caste represents an extreme form of prejudice and discrimination. Similar to the hate crimes in other parts of the world, these groups have remained target to the crimes and atrocities at the hands of the upper caste people mainly on account of their-low caste identity in the form of rape, abuse by police personnel, harassment, illegal land encroachments, forced evictions and so on.

Recent Updates

Legality of Phone tapping in India

Phone tapping refers to the monitoring of internet-based communications and phones by a third party by secret means. The word ‘phone tapping’ also means wiretapping or line bugging or interception of the phone. It was first commenced in the USA in the 1890s after the invention of the telephone recorder. Communication surveillance are broadly accepted as a necessary evil.

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.

Recent Updates

Evolution of Anti-Rape Laws in India

Rape is one of the most common and under-reported crimes against women in India. According to NCRB, India recorded an average 87 rape cases every day in 2019 and 4,05,861 cases of crimes against women during the year 2019 itself. There are even classifications of rape for instance, ‘custodial rape’, ‘caste rape’, ‘gang rape’, ‘class rape’, ‘police rape’, ‘army rape’, ‘rape of minors’ & ‘date rape’. There are also other categories of rapes that are not yet acknowledged by the Indian legal system such as 'marital rape’ and ‘rape of sex workers’.

Protests and Riots

Farmers Protest against Agriculture Ordinances

Farmers in Punjab & Haryana have been protesting against three ordinances promulgated by the Parliament since the Union Government on September 14th (Monsoon Session) introduced the Farm Bills in the Lok Sabha to replace these three ordinances. The farmers have been protesting against the three bills as they fear getting prices for their crops below the Minimum Selling Price and eradication of the monopoly of the APMC market yards formed under the APMC Act.

Protests and Riots

Unlawful Activities (Prevention) Act, 1967: An Anti-Terror Law

Unlawful Activities (Prevention) Act, 1967 is the cornerstone of India’s legislative policy against terrorism. Often dubbed draconian because of its provisions, was enacted with an object to control unlawful activities. It embodies the essence of the Preventive Detention Act which expired in 1969. Over the years the act has gone through several amendments to widen the ambit of its application. This article illustrates the history and the recent amendment made to the act.

Posts Tagged: constitution

Kesavananda Bharati Case & The Basic Structure Doctrine

Priya Ramani Defamation case

What is The Greta Thunberg Toolkit Case? Why Disha Ravi Arrested in Toolkit Case

Tips and Tricks to Remember Indian Constitution (Part I)

Nationalization of Banks: History of Indian Banks

Making of the Indian Constitution

Delhi Chalo Protest- Will the Farm Laws be amended?

How Does the Basic Structure Doctrine Contribute to Ensuring Free & Fair Elections?

Free Speech vs. Contempt of Court: A Face Off

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?

Caste Based Violence in India

Legality of Phone tapping in India

Analysis of Right to Privacy in Modern Era

Evolution of Anti-Rape Laws in India

Farmers Protest against Agriculture Ordinances

Unlawful Activities (Prevention) Act, 1967: An Anti-Terror Law

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