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…
Implied Limitations on Parliament’s Power of Amendment- Justice Grover and Shelat in Kesavananda Bharthi Case
Preamble- The Guiding Light The three main organs of government legislative, executive and judiciary and the entire mechanics of their functioning were fashioned in the light of the objectives in…
Importance of Preamble in Interpretation of Constitution- Justice Grover and Shelat in Kesavananda Bharthi Case
Edited Excerpt from Kesavananda Bharthi Case Preamble as guiding light in interpretation of Constitution The preamble serves several important purposes. Firstly, it indicates the source from which the Constitution comes…
Fundamental Rights and Directive Principles- History of Drafting
Parts III and IV essentially form a basic element of the Constitution without which its identity will completely change. Historical Background and Influences on Fundamental Rights and Directive Principles The…
Implied Limitations on Parliament’s Power to Amend the Constitution- Justice Sikri in Kesavananda Bharthi Case
Edited Excerpt from the Judgment of Justice Sikri (Headings have been added) It seems to me that reading the Preamble, the fundamental importance of the freedom of the individual, indeed…