Federal Functionalism and Democracy
Democracy is a form of government where the people rule. Aristotle viewed democracy as a form of government in which the supreme powers are in the hands of freemen and…
The jural consequence of a remission of the sentence.
Remission, in the legal context, doesn't equate to absolution. It doesn't erase the committed offense or the resulting conviction; rather, it meticulously influences the execution of the imposed sentence.
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…
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…
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…
Limitations on the exercise of power by President or Parliament under Article 356
Article 355 provides that it is the duty of the Union to protect every State against external aggression and internal disturbance, and to “ensure that the government of every State…
Article 370 Judgment- The State of Jammu and Kashmir did not possess sovereignty
On 11th December 2023, in its landmark decision Supreme Court upheld the abrogation of Article 370 in the case of In re: Article 370 of the constitution (2023). Article 370…
The Submissions of Union of India in Article 370 Case
On 11th December 2023, in its landmark decision Supreme Court upheld the abrogation of Article 370 in the case of In re: Article 370 of the constitution (2023). Article 370…