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Articles of Indian Constitution

Laws in the Indian Constitution against Animal-Killing
Laws in the Indian Constitution against Animal Killing

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

Constitutional Framework for Political System in India
Indian democracy : constitutional foundations

Indian polity is guided by the principles laid down in the Constitution, which defines every aspect of Indian political system including its basic objectives. The rules and procedure embedded in the Constitution serve as the basic edifice upon which rests the governance of the country. Besides elucidating the structure and functioning of governments at the Central, state and local levels, it also acts as a reference document for dealing with several other aspects of politics. Constitutional Values Guiding Indian Politics Indian Constitution may have detailed provisions on fundamental rights, duties and directive principles of state policy, but [...]Read more

The Armed Forces (Special Powers) Act, 1958
The Armed Forces (Special Powers) Act

States such as Manipur and Jammu and Kashmir have for long been demanding the withdrawal of the Armed Forces (Special Powers) Act, 1958. Only recently, the issue of revocation of the Act came in the way of a likely alliance between the Jammu and Kashmir People’s Democratic Party and the Bharatiya Janata Party to form the government in Jammu and Kashmir. What compounded the matter was the Army’s reported apprehension over any move to dilute the AFSPA in the state and the BJP’s concerns that any such move might lead to “lowering of the morale of forces [...]Read more

Article 30 of the Indian Constitution – Concept and relevance
Article 30 of the Indian Constitution

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

Article 20 of the Indian Constitution
Article 20 of the Indian Constitution

The Article 20 is one of the pillars of fundamental rights guaranteed by the Constitution of India. It mainly deals with protection of certain rights in case of conviction for offences. When an individual as well as corporations are accused of crimes, the provisions of Article 20 safeguard their rights. The striking feature of the Article 20 is that it can’t be suspended during an emergency period. The Article has set certain limitations on the legislative powers of the Union and State legislatures.  Ex Post Facto Legislation  The clause (1) of Article 20 protects individuals against ex [...]Read more

Criteria for Disqualification of MLAs in India
Criteria for Disqualification of MLAs in India

The criteria for disqualifications from membership of a state legislature are mentioned in the Article 191 of the Constitution of India. This Article is similar to the disqualification laid down in the Article 102 relating to the membership of both the houses of Parliament. The Constitution makes it abundantly clear that the Parliament has to make one law for a person to be disqualified for being elected and for being a Member of either House of Parliament or Legislative Assembly or Legislative Council of any state. Under Articles 102(1)(e) and 191(1)(e) of the Constitution of India, the [...]Read more

Article 13 of the Constitution of India
Article 13 of the Constitution of India

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

Meaning of Article 25 of the Indian Constitution
Meaning of Article 25 of the Indian Constitution

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

Article 12 of Indian Constitution – Meaning of ‘State’
Article 12 of Indian constitution , meaning of 'state'

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

Article 16 of Indian Constitution
Article 16 of Indian Constitution

Though ‘reservation’ is an unpleasant word in contemporary Indian politics, yet architects of the Constitution had used it as a social empowerment tool for the backward classes to help them get their due place in the society and be at par with the non-backward classes. Article 16 of the Constitution is one such provision that tends to strengthen the nation’s claim of maintaining an egalitarian society.   Meaning and Purpose of Article 16 The Article guarantees equality of opportunity when it comes to public employment. The first two clauses of the Article elucidate the fact that no [...]Read more