NATIONAL EMERGENCY under Constitution

NATIONAL EMERGENCY under Constitution

Introduction The concept of emergency was taken from Germany. In India, the concept of emergency is provided in part 18 of the Indian Constitution from Article352-360. In India there are three types of emergencies: National Emergency State emergency Financial Emergency Since the Constitution was adopted many amendments have been made in the Constitution to adjust […]

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right to education

Right to Education in India

CONSTITUTIONAL PROVISIONS- India’s Constitution has requirements to ensure the state offers schooling to all its people. The right to education is the only freedom that takes its position in three sections of our Constitution-Fundamental Rights, State Policy Directive Concepts and Fundamental Duties. The Constitution (Eighty-Sixth) Amendment Act, 2002 incorporated the three articles in one of […]

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Right to Assembly

Right to Assembly [Article 19(1)(b)]

Introduction Many treaties, including the Declaration of Fundamental Rights of the European Union, the International Covenant on Civil and Political Rights, the British Convention on Human Rights, the American Constitution on Human Rights, the African Declaration on Human and Peoples’ Rights, and most national constitutions across the world accept this basic human right. Freedom of […]

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Deterrence Theory as a Theory of Punishment

Deterrence Theory as a Theory of Punishment

Introduction – History is a witness to the fact that when the crime rate proliferates in society punishments are introduced to curb them. It has been clearly evident that punishments have always been instrumental to stop the crime rate and restore public order. Punishment can be defined as the hardships imposed on an individual in […]

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The Preventive Theory: A detailed Explanation

The Preventive Theory: A detailed Explanation

Introduction – Every society has its own set of punishments to regulate the crime rate prevalent. These punishments are awarded to curb the crime rate and also prevent the further commission of the same crime. By awarding punishment to the offenders, examples are set before the society or the common people that if they repeat […]

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Doctrine of Double Jeopardy

Doctrine of Double Jeopardy

Introduction– The Indian Constitution has been considered as the guarantor of the fundamental rights of its citizens. The Constitution also ensures that the fundamental rights of the offenders are also duly protected. Article 20 clause (2) of the Indian Constitution envisages protection against ‘double jeopardy’. The clause is in pertinence to a principle of criminology, […]

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