Constitutional Morality: Ensuring Justice, Liberty, and Dignity Constitutional Morality
Popular notions about what is moral and what is not are transient and fleeting. Popular notions about what is or is not moral may in fact be deeply offensive to…
Freedom of Religion Article 25 and 26- An Analysis
The chapter on Fundamental Rights encompasses the rights to (i) Equality (Articles 14 to 18); (ii) Freedom (Articles 19 to 24); (iii) Freedom of religion (Articles 25 to 28); (iv)…
Scope and effect of religious freedom contained in Articles 25 and 26
Nar Hari Sastri and Ors. v. Shri Badrinath Temple Committee In one of the earliest judgments dealing with religious freedom, namely, Nar Hari Sastri and Ors. v. Shri Badrinath Temple…
Rule Making Power conferred by a Statute should be confined within the Statute
The law is well-settled on the point that when a rule-making power is conferred under any statute on an authority, the said power has to be exercised within the confines…
What Constitutes an Essential Religious Practice? – Supreme Court in Sabrimala Case
Article 25 merely protects the freedom to practise rituals, ceremonies, etc. which are an integral part of a religion as observed by Supreme Court in John Vallamattom and another v.…
Trademark and Trademark Infringement
Abstract The article thoroughly introduces Indian trademark law, highlighting the value of registered trademarks and the penalties for infringement under Section 29 of the Trademarks Act, 1999. It addresses criminal…
The Essence of Constitution Morality
The term morality occurring in Article 25(1) of the Constitution cannot be viewed with a narrow lens so as to confine the sphere of definition of morality to what an…
Legislative History of India- From the time of arrival of East India Company to the time of Indian Constitution
The East India Company first started its operations as a trading company in India and gradually acquired political influence. The Crown in England became the legislative authority in respect of…
Parliamentary History as an Aid to Interpretation of Statutes
The traditional view of courts both in India and the UK was a rule of exclusion by which parliamentary history was not readily utilized in interpreting a law. But as…
Under the constitutional scheme mixing religion with State power is not permissible- Supreme Court
Secularism has been declared by Supreme Court to be one of the basic features of the Constitution. A long line of decisions delivered by Supreme Court on the subject have…