The nature of the treaty-making power of a sovereign State
It is an essential attribute of sovereignty that a sovereign state can acquire foreign territory and can, in case of necessity, cede a part of its territory in favour of…
How can Indian parliament absorb newly acquired territory in Union of India?
As an illustration of the procedure which can be adopted by Parliament in making a law for absorbing newly acquired territory we may refer to the Chandernagore Merger Act, 1954,…
Indian Union and its Territories- A Brief Analysis
Part I of the Constitution deals with the Union and its territories. Just as Part II deals with the topic of citizenship, Part I deals with the territory of India.…
The backstory of Berubari Union Case
On February 20, 1947, the British Government announced its intention to transfer power in British India to Indian hands by June 1948. On June 3, 1947, the said Government issued…
The Berubari Union Case- An analysis
Indo-Pakistan Agreement In accordance with the directives issued by the Prime Ministers of India and Pakistan, on September 10, 1958, the Commonwealth Secretary, Ministry of External Affairs, Government of India…
Article 19 and 21 are exclusive- A.K. Gopalan Case Deliberation
In the case of A.K. Gopalan, an application under Article 32 of the constitution of India for a writ of habeas corpus was filed against the detention of the A.K.…
‘Due process of law’ and ‘procedure established by law’- Supreme Court’s Deliberation
Article 21 of the Indian Constitution mandates that, “No person shall be deprived of his life or personal liberty except according to procedure established by law.” In the case of…
The Origin of ‘Due process of law’ and its application in India
That expression ‘Due process of law” had its roots in the expression “per legem terrae” (law of the land) used in Magna Charta in 1215. In the reign of Edward…
A.K. Gopalan v. Union of India- An analysis
A.K. Gopalan case is landmark case in the judicial history of India. It was also one of early case that was heard after promulgation of constitution. This was a case…
Limitations on the legislative power of Indian Legislature
Under article 53 of the Constitution the executive power of the Union is vested in the President and is to be exercised by him in accordance with the Constitution either…