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…
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…
Initial Draft of the Preamble In the earliest draft the Preamble was something formal and read: “We, the people of India, seeking to promote the common good, do hereby, through…
In ordinary language, word “cognizance” means detailed knowledge about or understating of something, whereas in legal parlance, it means taking of judicial notice of an offence. It is a pre-requisite…
Edited Excerpt from the judgment (Headings have been added) It is a mark of interpretative respect for the higher norms our founding fathers held dear in affecting the dearest rights…
An Edited Excerpt from the judgment (Headings have been added) The Meaning of ‘Procedure’, ‘Established’, and ‘Law’ What is ‘procedure’? What do we mean by ‘established’? And what is law?…
An edited excerpt from the Judgment (Headings have been added) There can be no doubt that Article 14 is a founding faith of the Constitution. It is indeed the pillar…
An excerpt from the Judgment (Headings have been added) A. K. Gopalan’s Case (1950) The view taken by the majority in A. K. Gopalan’s case (1950) was that so long…
Historically, the proximate origin of these ’emergency’ powers can be traced back to the Government of India Act, 1935. Section 93 of the Act provided that if the Governor of…
The Constitution makes the Governor a component part of the State Legislature (Article 168). He cannot be a member of either House of that Legislature. In order to become an…
