Upholding Equality: The Vision of India’s Constitution
Forty and three years ago was founded this republic with the fourfold objective of securing to its citizens justice, liberty, equality and fraternity. Statesmen of the highest order the like…
The Dissent of Justice Indu Malhotra in Sabrimala Case- An Excerpt
An Edited Excerpt from the judgment of Indu Malhotra The issues raised in the present Writ Petition have far-reaching ramifications and implications, not only for the Sabarimala Temple in Kerala,…
Article 17 forbids every type of untouchability including the untouchability based on Mensuration
Article is an excerpt from the judgment of Justice Rohinton F. Nariman in Sabrimala Case The guarantee against social exclusion based on notions of “purity and pollution” is an acknowledgment…
The Meaning and Definition of Untouchability under Article 17- Judicial Decisions and Statutes
“Untouchability” in any form is forbidden. The operation of the words used by the Constitution cannot be confined to a particular form or manifestation of “untouchability”. The Constitution as a…
Article 17- A Social Revolutionary Provision
The background of Article 17 lies in protecting the dignity of those who have been victims of discrimination, prejudice and social exclusion. The Constitution has designedly left untouchability undefined. Any…
The vision behind the philosophy of Article 17
Provision of Article 17 Article 17 provides: “Untouchability is abolished and its practice in any form is forbidden. The enforcement of any disability arising out of “Untouchability” shall be an…
Article 17 Abolition of Untouchability- Provision and History of its Drafting
Article 17 occupies a unique position in our constitutional scheme. The Article, which prohibits a social practice, is located in the chapter on fundamental rights. The framers introduced Article 17,…
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…