The constitutional history of States and Union territories and the reason for the existence of Article 3
When the Constitution was adopted, the constituent political units in the country consisted of different types of States (albeit with different structures, powers, and relationships with the Union Government) and…
Supreme Court’s Analysis of the Substance Which Attracts Article 368 to a Case
Article 368 of the Constitution provides for the procedure by which the Constitution may be amended. Clause (2) of Article 368 is extracted below: “Power of Parliament to amend the…
Temporary, Transitional and Special Provisions of Constitution- A History
Part XXI which was titled “Temporary and Transitional provisions” when the Constitution was adopted in 1950, the Chapter heading was substituted by its present form – “Temporary, Transitional and Special…
Debates in the Constituent Assembly on Article 370
On 17 October 1949, the Constituent Assembly took up draft Article 306A. Draft Article 306A corresponded to Article 370 of the Constitution. Shri N Gopalaswami Ayyangar In introducing the Article,…
The constitutional integration of States- When Constitutional Assemblies of states ratified Union Constitution
Internal Constitutions of States The Draft Constitution of India 1948 provided that India shall be a “Union of States”. The term “State” included Part I, Part II, Part III states…
How Nehru acceded Jammu & Kashmir to India- History in Detail
Accession of Jammu and Kashmir The British Parliament enacted the Indian Independence Act 1947. In terms of Section 1(1) of the Act, two independent Dominions – India and Pakistan were…
The distinction between legislative and constitutional functions of the Legislature in view of Article 357
Powers of the Legislature of the State There are two competing interpretations to the phrase “powers of the Legislature of the State”. It could be read expansively to include “all”…
Does power under Article 356 extend towards making fundamental, permanent, and irrevocable changes
The argument of ‘irrevocability’ Article 357(1)(a) stipulates that it shall be competent for Parliament to confer on the President the ‘power to make laws’ as well as the power to…
Interpretation of Article 356 of Indian Constitution
Article 356 of the Indian Constitution stipulates that when the President is satisfied that a situation has arisen in which the government of the State cannot be carried out in…
Comparison of executive power held by the President under Articles 352 and 356
Part XVIII of the Constitution deals with two types of emergencies, national emergencies, and the failure of constitutional machinery in a State. The invocation of a national emergency under Article…