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Page-5 of Archives: September, 2014

Anti-Defection

Anti-Defection Law is contained in the Tenth Schedule to the Constitution, which was introduced by the 52nd Amendment in 1985. It provides for the disqualification of a member if...

September 28, 2014

What is the constitutional provision relevant for solving the questions of repugnancy between a Central law and a State law?

According to Article 254(1), if any provision of a State law is repugnant to a provision in a law made by Parliament which it is competent to enact,...

September 28, 2014

Composite Legislation

Many a time, a legislature may enact composite legislation which may be based on more than one legislative entry. There is no bar against Parliament or the State...

September 28, 2014

Civil Proceedings

Article 133 of the Indian Constitution covers all civil proceedings. The term ‘civil proceeding’ includes all proceedings affecting civil rights which are not criminal. Proceedings under Article 226...

September 28, 2014

stare decisis

The doctrine of stare decisis or precedents is the distinguishing characteristic of the English common law. It envisages that judicial decisions have a binding force for the future....

September 28, 2014

colourable exercise of power

A preventive detention order may be quashed on the ground of colourable exercise of power if there is no rational material for the subjective satisfaction of the detaining...

September 28, 2014

Basic Structure Doctrine

The question has been considered by the Court from time to time, and several such features have been identified, but the matter still remains an open one. In...

September 28, 2014

Golak Nath

In Golak Nath   v. State of Punjab, the Supreme Court overruling its earlier decision in Shankari Prasad and Sajjan Singh, that the Fundamental Rights are non-amendable through the constitutional amending procedure set...

September 28, 2014

Articles of the Indian Constitution that may be amended by a simple majority

Different degrees of rigidity attach to different portions of the Constitution, depending on their importance and significance. Constitutional provisions of comparatively less significance can be amended by simple...

September 28, 2014

 Supreme Court guidelines with regard to dissolution of a state assembly

In this regard the court has laid down the following guidelines: presidential proclamation dissolving a state legislative assembly is subject to judicial review; if a state government works...

September 28, 2014

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