Recitation of Preamble and India’s First National Referendum

The protesters are reminding those in power that constitutional government should not just follow the text of the Constitution but also adhere to its spirit and values in practice.

Blog Series: Locating Customary International Law in the Constitutions Around the Globe

The central idea of this study is to locate the expression on ‘customary international law’ in the constitutions around the globe. Needless to say, there is no uniformity in the constitutions on the expression used to refer to the customary international law. Some of the expressions are so nuanced that they may not fit in any of the sources of international law referred to in Article 38 of the Statute of the ICJ.

Animals as Legal Persons

Pragati Mishra || How would you feel if somebody tortured you? It is the same feeling for animals who are as much as a part of this earth as we are. However, there is no consensus among the jurists about the legal personality of animals. Salmond regards them as mere objects of legal rights andContinueContinue reading “Animals as Legal Persons”

Why an Accused Can contest the election but cannot vote?

The Chief Election Commissioner etc. v. Jan Chaukidar (Peoples Watch) and Ors (MANU/SC/0689/2013, 2013(8) SCALE487) Decided on:                10.07.2013 Hon’ble Judges:         A.K. Patnaik and Sudhansu Jyoti Mukhopadhaya, JJ. Background of the Case In 2004, a Public Interest Petition was filed in Patna High Court, by Jan Chaukidar, an NGO, in wake of several malpractices in elections reported in Bihar.ContinueContinue reading “Why an Accused Can contest the election but cannot vote?”

Why Triple Divorce Bill is not good in Law?

By- Mohd Imran In August 2017, the Supreme Court of India has declared the practice of Triple Talaq as unconstitutional by 3:2 majority. Justices Kurian Joseph, UU Lalit and RF Nariman delivered the majority Judgment. Chief Justice Khehar and Justice Abdul Nazeer dissented.[1]  The Court directed the Union of India to consider appropriate legislation, particularlyContinueContinue reading “Why Triple Divorce Bill is not good in Law?”

FUNDAMENTAL RIGHTS IN INDIAN CONSTITUTION

By- Anupam Prabhat Shrivastava !! Fundamental rights are the basic rights and freedoms guaranteed by the Constitutions of India to its citizens. These rights have a legal sanction and are enforceable in the court of law. A few good reasons made the enunciation of the Fundamental Rights in the Constitution rather inevitable. During the British RuleContinueContinue reading “FUNDAMENTAL RIGHTS IN INDIAN CONSTITUTION”