India is not new to the phenomenon called ‘zoosadism’ – inflicting cruelty on animals for personal amusement. A cat being run over by a car or a dog being attacked by a bunch of urchins are some of the sights that urban India witnesses quite often . However, the cruelty against animals stretches far beyond these activities. Army personnel cooking chinkara meat and superstars of Indian film industry poaching endangered deers and owning tusks are some of the news stories that frequently do the rounds. What provisions does the Constitution of India has to deter people from [...]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
Laws pertaining to the elections in India are contained in Part XV of the Indian Constitution. The provisions mentioned in the Articles (324 to 329) cover all aspects of conducting elections starting from inclusion of names in electoral roll to formulation of laws pertaining to elections. Article 324 – Superintendence, Direction and Control of Elections The Election Commission (EC) of India is the only entity that has been given the authority to supervise, direct and control elections. According to Article 324, the Election Commission should comprise the Chief Election Commissioner (CEC) and other Election Commissioners, who will [...]Read more
India has a democratic set up with all citizens having equal rights. This could have been farther from truth if the concept of universal adult suffrage was not adopted. As a promoter of political equality, India managed to do away with the restrictions on the exercise of the vote for adults. However, the journey wasn’t easy. What does Universal Adult Suffrage mean? The Article 326 of the Indian Constitution grants universal adult suffrage, according to which, every adult citizen is entitled to cast his/her vote in all state elections unless that citizen is “convicted of certain criminal [...]Read more
There have been occasions in the history of Indian polity wherein the country or any state had to adopt an “altered constitutional setup.” The Indo-China war in the 60s and the Indo-Pakistan war in the 70s saw a state of emergency on a national level. Delhi is the latest example of state emergency where President’s Rule was imposed under Article 356 of the Constitution of India, which contains emergency provisions in case of the failure of constitutional machinery in states. What are the different types of emergencies that can be imposed in India and under what circumstances? The Indian Constitution [...]Read more
Given the diversity of issues that India has been facing, it was important to formulate constitutional laws that would help the executive and the judiciary in tackling them. Different Acts were passed by Parliament not only to control crime but to enforce discipline in various sectors of our democratic society. While some Acts were given more teeth through a series of amendments, others continue to be marred due to poor or ineffective implementation. Child Labour (Prohibition and Regulation) Act Among several constitutional protections and laws, the Child Labour (Prohibition and Regulation) Act is one that prohibits the [...]Read more
After the Supreme Court gave its verdict on Sharia courts stating that they have no legal authority and their decisions are not legally binding, the discussions on fundamental rights gained momentum. The court had categorically mentioned that fatwas must not violate the rights of individuals guaranteed by law. In this context, people should be reminded and made aware of the Article 14 in the Constitution of India. What is Article 14 of Indian Constitution? According to Article 14, “the State shall not deny to any person equality before the law or equal protection of the laws within [...]Read more
One can say with certainty that Indian Constitution is one of the most frequently amended constitutions in the world. It was just a year after the Constitution was adopted that the first amendment came into force and several changes were made effective. Many more amendments followed since then. As of May 2013, the Constitution has been amended 98 times. Although the process of amendment was made flexible by the makers of Indian Constitution to help the nation adapt to changing circumstances, yet that seems to have backfired. ‘Whims and fancies’ of the ruling government had often brought [...]Read more
The Constitution of India lays down the framework pertaining to every political procedure. It defines the policies, rights, duties and powers to be bestowed upon the government institutions and common people. Similarly, the constitution meticulously explains the fundamental rules for the electoral processes. Article 324 of Indian Constitution: Duties and Powers of Election Commission The Constitution grants Election Commission the authority to take decisions and direct the end-to-end electoral process. Be it the Parliamentary polls or the elections to State Legislatures, the commission has to perform the task of scrutinising the process of preparing electoral rolls. The [...]Read more