Articles for Constitutional Principles

The Constitution, a surprise entrant in poll battlefield
9 months, 3 weeks ago

The Constitution, a surprise entrant in poll battlefield

The Hindu  

The Chakkipat neighbourhood of Agra in Uttar Pradesh was adorned with flags of B.R. The proximate trigger was the BJP’s declaration of “400 paar” and remarks, by some leaders, early in the campaign, that total electoral domination in this election would empower the BJP to change the Constitution. Historian Rohit De’s book, A People’s Constitution, offers a powerful account of …

India Constitutional Election Hindu Yadav Voters Bjp
Can Ordinary Legislation Be Struck Down For Violating 'Basic Structure' Of Constitution? Canada Supreme Court Judgment Revives The Debate
3 years, 5 months ago

Can Ordinary Legislation Be Struck Down For Violating 'Basic Structure' Of Constitution? Canada Supreme Court Judgment Revives The Debate

Live Law  

Recently, the Supreme Court of Canada held that 'unwritten constitutional principles' like democracy, though are part of Constitution, cannot be used as bases for invalidating legislation. One of the contentions raised was that the ordinary legislative measures are subject like Constitution Amendments to the restrictions of not damaging or destroying basic structure, or basic features. The judge observed thus: " …

Structure Constitution Constitutional Legislation Power Legislature Supreme
Unwritten Constitutional Principles Like Democracy Is Part Of Constitution; But Cannot Be Used As Bases For Invalidating Legislation: Canada Supreme Court
3 years, 5 months ago

Unwritten Constitutional Principles Like Democracy Is Part Of Constitution; But Cannot Be Used As Bases For Invalidating Legislation: Canada Supreme Court

Live Law  

The Supreme Court of Canada observed that 'unwritten constitutional principles' like democracy, though part of Constitution, cannot be used as bases for invalidating legislation.The court was considering a challenge against a law viz. The Supreme Court of Canada observed that 'unwritten constitutional principles' like democracy, though part of Constitution, cannot be used as bases for invalidating legislation. The majority judgment …

Democracy Constitution Court Constitutional Legislation City Act
Exclusionary Rules (Past, Present & Future)- A Comparative Study Between USA, England & Wales And India
5 years, 9 months ago

Exclusionary Rules (Past, Present & Future)- A Comparative Study Between USA, England & Wales And India

Live Law  

"The public interest demands not only that the guilty are brought to conviction, but also that they are brought to conviction in a civilised and publicly acceptable manner. A Brief History of Exclusionary Rules USA The exclusion of illegally procured evidence was first accepted in Boyd v United States where an order to produce certain incriminating documents was held amounting …

Law India Human Rights England Wales Supreme Court Privacy
'Offends Secular Colour Of Country' :Meghalaya HC DB Sets Aside Judgment With 'Hindu Rashtra' Remarks [Read Judgment]
5 years, 10 months ago

'Offends Secular Colour Of Country' :Meghalaya HC DB Sets Aside Judgment With 'Hindu Rashtra' Remarks [Read Judgment]

Live Law  

The controversial judgment passed by the single bench of Justice S R Sen of Meghalaya High Court observing that India ought to have been declared a "Hindu Rashtra", has been set aside by the Division Bench in appeal.The Division Bench of Chief Justice Mohammed Yakoob Mir and Justice H S Thangkhiew observed that the judgment was "legally flawed and inconsistent …

India Justice Judgment Constitution Hindu Sen Bench
Time Has Come To Examine The Need For Death Penalty As Punishment Especially Its Purpose And Practice: Justice Kurian Joseph, Other Two Judges Disagree [Read Judgment]
6 years, 3 months ago

Time Has Come To Examine The Need For Death Penalty As Punishment Especially Its Purpose And Practice: Justice Kurian Joseph, Other Two Judges Disagree [Read Judgment]

Live Law  

“Every death penalty case before the court deals with a human life that enjoys certain constitutional protections and if life is to be taken away, then the process must adhere to the strictest and highest constitutional standards. Our conscience as judges, which is guided by constitutional principles, cannot allow anything less than that.” Justice Kurian Joseph, while commuting death penalty …

Justice Death Death Penalty Life Public Opinion Court Penalty
Triple talaq hearing: Arguments before SC show Muslim minds still unwilling to think outside religion's framework
7 years, 10 months ago

Triple talaq hearing: Arguments before SC show Muslim minds still unwilling to think outside religion's framework

Firstpost  

Supreme Court must send out hope to Muslim women on the issue of triple talaq. If the women are turned down at the door of the constitutional bench, it would cause a long-term threat to India’s flourishing democracy Of all the people arguing before the Supreme Court’s five-judge constitution bench that is hearing the validity of triple talaq, former Union …

Law Religion India Supreme Court Constitution Court Divorce
National Anthem Order: Testing On The Parameters Of Judicial Ethics, Judicial Process & Indian Constitutional Principles
8 years, 3 months ago

National Anthem Order: Testing On The Parameters Of Judicial Ethics, Judicial Process & Indian Constitutional Principles

Live Law  

The order of the Supreme Court in Shyam Narayan Chouksey v. Union of India has been a topic of continuous debate. With an attempt to discuss the merit of the order, this article tests the National Anthem order on the parameters of judicial ethics, judicial process and Indian constitutional principles. We reach the land of mystery when constitution and statute …

Justice Supreme Court High Court Constitution Court National Anthem National
Haji Ali verdict: Victory of constitutional principles over religious dogmas
8 years, 7 months ago

Haji Ali verdict: Victory of constitutional principles over religious dogmas

Hindustan Times  

Satya Prakash A general view of the Haji Ali Dargah is pictured in Mumbai. The Bombay high court’s verdict lifting the ban on the entry of women into the sanctum sanctorum of the Haji Ali dargah in Mumbai must be welcomed by all law-abiding and freedom-loving people who advocate equal rights for women. Bharatiya Muslim Mahila Andolan members celebrate after …

Law India Personal Women Mumbai Religious Supreme Court
Sabarimala: SC says constitution demands gender equality
8 years, 11 months ago

Sabarimala: SC says constitution demands gender equality

Live Law  

Ban on entry or women cannot be bracketed with issues relating managing of religious affairs as gender equality is a constitutional message, the Supreme Court said today on the contentious issue relating to Sabarimala shrine in Kerala.“Gender equality is a constitutional message and they cannot say that this comes under their right to manage. Ban on entry or women cannot …

Kerala Constitution Court Gender Gender Equality Constitutional Religious Affairs
Sabarimala: SC says constitution demands gender equality
8 years, 11 months ago

Sabarimala: SC says constitution demands gender equality

Live Law  

Ban on entry or women cannot be bracketed with issues relating managing of religious affairs as gender equality is a constitutional message, the Supreme Court said today on the contentious issue relating to Sabarimala shrine in Kerala.“Gender equality is a constitutional message and they cannot say that this comes under their right to manage. Ban on entry or women cannot …

Women Kerala Constitution Court Gender Equality Constitutional Religious Affairs
Marikana massacre anniversary and neoliberal plunder
9 years, 7 months ago

Marikana massacre anniversary and neoliberal plunder

Al Jazeera  

Marikana should be a wake-up call for all of us who wish to see a better world. South Africa releases inquiry into Marikana massacre In many ways, Marikana has become the symbol of the global collusion between political and economic elites, fostering inequality and undermining fundamental human rights. During apartheid, such defiance of the state often carried deadly consequences, as …

Africa World Rights South Africa Public Services South Public
Pranab Mukherjee warns against deviation from Constitutional principles | India TV News
10 years, 1 month ago

Pranab Mukherjee warns against deviation from Constitutional principles | India TV News

India TV News  

New Delhi: President Pranab Mukherjee today warned that any deviation from the Constitutional principles and provisions would weaken the democratic fabric of the country and “jeopardise” social, economic and political well being of citizens. In his opening remark at the 46th Governors Conference here, the President said Constitution was the only guiding document for providing framework for governance and asked …

Constitution Constitutional Pranab Mukherjee Constitutional Principles Mukherjee Warns
Don't tinker with independence of judiciary, says Chief Justice Kapadia
12 years, 7 months ago

Don't tinker with independence of judiciary, says Chief Justice Kapadia

India TV News  

New Delhi, Aug 15: Frankly admitting that sometimes judicial overreach disturbed the balance between three branches of state, Chief Justice of India S H Kapadia today cautioned the Government against tinkering with the independence of judiciary. Admitting judicial overreach, Justice Kapadia said, "Sometimes in our anxiety to do justice, we give judgments which disturbs constitutional balance among three branches of …

Law India Justice Independence Constitution Judges Constitutional
Constitutional declaration required on water: Ramaswamy Iyer
15 years, 2 months ago

Constitutional declaration required on water: Ramaswamy Iyer

The Hindu  

A call for the constitutional declaration on water was made by former Union Water Resources Secretary Ramaswamy R. Iyer at a meeting here on Tuesday. When there were references in the Directive Principles to forests, wildlife, biodiversity and nutrition, why was it that there was no entry regarding water, Mr Iyer asked. Citing the European Union Water Framework Directive, Mr …

Constitution Water Iyer Mr Iyer