Protection of rights of the religious and ethnic minorities is the bedrock of India’s secular values. With a legacy of bringing all religions under its fold, India has always advocated the principle of equality. The Article 30 of Indian Constitution is one of the many provisions that ensures preservation of minority rights. Concept of Article 30 Article 30 is classified under Part III of the Indian Constitution that elucidates all the Fundamental Rights guaranteed to the citizens of India irrespective of their religion, caste and sex. Article 30 upholds the right of the minorities “to establish and [...]Read more
The Article 13 not only asserts the supremacy of the Indian Constitution but also makes way for judicial review. This legislation creates scope for reviewing pre-constitutional and existing laws. Although the legitimacy of judicial interventions in Constitutional matters has sparked debates, yet in most cases, the power of judicial review is evoked to protect and enforce the fundamental rights guaranteed in Part III of the Constitution. Meaning and Scope of Article 13 It is through Article 13 that the Constitution prohibits the Parliament and the state legislatures from making laws that “may take away or abridge the [...]Read more
It is through several provisions that the Indian Constitution upholds the spirit of secularism. The Article 25 is one of the pillars of fundamental rights guaranteed by the Constitution. The relevance of this legislation can be gauged only when one understands the importance of preserving the pluralistic ethos of the country and the idea of harmonious coexistence of different religions. Meaning and Scope of Article 25 The Article 25 states that every individual is “equally entitled to freedom of conscience” and has the right “to profess, practice and propagate religion” of one’s choice. Practicing religion or [...]Read more
According to Article 12 of the Constitution of India, the term ‘State’ can be used to denote the union and state governments, the Parliament and state legislatures and all local or other authorities within the territory of India or under the control of the Indian government. Over a period of time, the Supreme Court has expanded the ambit of ‘State’ to include Corporations such as LIC and ONGC since they perform tasks “very close to governmental or sovereign functions”. In fact, the term ‘State’ also accommodates any authority that’s created by the Constitution of India and has [...]Read more