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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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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Capital Punishment

Capital Punishment Ethics

I support the death penalty because I believe , if administered swiftly and justly , capital punishment is a deterrent against future violence and will save other innocent lives -George W. Bush Introduction Capital Punishment is a government officially approved practice where a person is being given the death penalty by the state government as […]

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judicial activism

JUDICIAL ACTIVISM

Introduction The powers of the Supreme Court for the protection of the constitutional rights of citizens are of the widest amplitude. As indicated by Black’s Law Dictionary, “judicial philosophy which motivates judges to depart from the traditional precedents in favour of progressive and new social policies”. Judicial activism is enunciated and implemented by court rulings […]

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DUAL CITIZENSHIP IN INDIA

DUAL CITIZENSHIP IN INDIA

Introduction Before coming to the introductory part of dual citizenship in India, it would be better to know what is meant by the term ‘citizenship’ and also to get familiar with the concept of citizenship in India. Citizenship can be said as any relationship between a person and a State to which the person owes […]

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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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PREAMBLE IN THE CONSTITUTION OF INDIA

PREAMBLE IN THE CONSTITUTION OF INDIA

MEANING – Chamber 20th Century Dictionary, ‘Preamble means a preface, introduction, especially that of an act of Parliament, giving its reasons and purposes.’ Black’s Law Dictionary, ‘Preamble means a clause at the beginning of a Constitution or a statute explanatory of the reasons for its enactment and objectives sought to be accomplished. CONSTITUENT ASSEMBLY’S VIEWS […]

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DELEGATED LEGISLATION

DELEGATED LEGISLATION

Introduction- Delegated legislation is also known as subordinate legislation. It is one of the most important topics for public administration. Delegated legislation means lawmaking power conferred by parliament on the executive. The history of it goes back to the 16th century. As we all know that the role of the state is positive now and […]

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Maneka Gandhi v. Union of India

Maneka Gandhi v. Union of India (Case Summary)

NAME OF THE CASE: Maneka Gandhi v. Union of India PETITIONER: Maneka Gandhi RESPONDENT: Union of India CITATIONS: 1978 AIR 597, 1978 SCR (2) 621 BENCH: M. Hameedullah Beg (then, Chief Justice of India), Y.V. Chandrachud, P.N. Bhagwati, V.R. Krishna Iyer, N.L. Untwalia, S.M. Fazalali, P.S. Kailasam DATE OF JUDGMENT: 25 January 1978 Maneka Gandhi […]

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Rarest of Rare Doctrine

Rarest of Rare Doctrine under Indian Law

Introduction There are no rules-given statements of uncommon, strange, of the most value of uncommon. In a Criminal Trial, the nature and serious air of the crime are taken into a point to be taken into account for working out the right punishment. The Court shall be thought to have failed in firing, letting off […]

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Offences Relating To Election

Offences Relating To Election under IPC

INTRODUCTION to Offences Relating To Election- Elections stand of as paramount in a democracy like India, where a vote of every individual decides the future of the country. Elections in India are worshipped and celebrated like any other festival. Every candidate who contests the election put his blood and sweat to secure the position but […]

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Abolition of Titles

Abolition of Titles (Article 18)

Introduction- Article 18 of the Constitution of India, 1950 talks about Abolition of Titles- (1) No title, not being a military or academic distinction, shall be conferred by the State. (2) No citizen of India shall accept any title from any foreign State. (3) No person who is not a citizen of India shall, while […]

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