Keshvananda Bharthi v. Union of India (1973) – Summary of Judgments
In Kesavananda Bharati Supreme Court held by a majority that though by Article 368 Parliament is given the power to amend the Constitution that power cannot be exercised so as…
Adoption in India- Case Laws and Statutory Developments
Lakshmi Kant Pandey Case The decision of Supreme Court in Lakshmi Kant Pandey v. Union of India (1984) is a high watermark in the development of the law relating to…
The National Flag of India- Adoption, Significance and Flag Code
From time immemorial, people have laid down their lives with a view to salute their own Flag. What is so compelling in the piece of cloth called the National Flag,…
A National Flag- the Restricted and Unrestricted use of the Flag
Some countries like Brazil, Canada allow for the unrestricted use of the Flag by individuals. On the other side of the spectrum, countries like the UK hold their flag so…
Right to Fly National Flag- Union of India v. Naveen Jindal (2004)
In this case, the question was before the court whether the right to fly the National Flag by Indian citizen is a fundamental right within the meaning of Article 19(1)(a)…
Why Provisions for Amendments in a Constitution is necessary? – Explained with Reference to History
A Constitution provides the broad outlines of the administration of a country and concerns itself with the problems of the Government. This is so whether the Government originates in a…
The Type of Indian Constitution- Whether ‘Rigid’ or ‘Flexible’
The Constitution is not an indigenous product. Those who framed it were, as recognised by this Court in The Automobile Transport (Rajasthan) Ltd. v. The State of Rajasthan and Ors.…
The Essential Features of Indian Constitution- Justice KS Hegde and Justice AK Mukherjea in Kesavananda Bharthi Case
Edited excerpt from the judgment The question whether there is any implied limitation on the amending power under Article 368 has not been decided by Supreme Court till now. That…
Does ‘law’ under Article 13 include Amendment law? – Justice Hegde and Mukherjea in Kesavananda Bharthi Case
Edited excerpt from the judgment A great deal of reliance was placed by the learned Counsel for the petitioners on the expression ‘law’ found in Article 13(1) and (2). The…
Does Power of Amending the Constitution reside in Article 368? – Justice Hegde and Mukherjea in Kesavananda Bharthi Case
Edited excerpt from the judgment In order to find out whether Parliament has the power to take away or abridge any of the Fundamental Rights in exercise of its power…