Advisory Jurisdiction of Supreme Court- Provision and the extent of Advisory Jurisdiction
Provision Article 143 of the Constitution reads as follows: 143(1) If at any time it appears to the President that a question of law or fact has arisen or is…
The Relations between Fundamental Rights and Directive Principles- Minerva Mill Case
Edited Excerpt from the Judgment Principles of State Policy There is no doubt that though the courts have always attached very great importance to the preservation of human liberties, no…
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…
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.…
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…
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…