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Page-7 of Archives: September, 2014

How Fundamental Rights differs from the Directive Principles?

The Directive Principles differ from the Fundamental Rights which enjoin the state to refrain from taking prejudicial action against an individual and thus, impose a negative duty on...

September 28, 2014

What is the difference between Article 32 and Article 226 of the Indian Constitution?

Article 32 differs from Article 226. Article 32 can be invoked only for the enforcement of Fundamental Rights whereas Article 226 can be invoked not only for the...

September 28, 2014

Right to Remedy

A right without a remedy does not have much substance. The Fundamental Rights guaranteed by the Constitution would have been worth nothing had the Constitution not provided an...

September 28, 2014

Certiorari

The writ of certiorari issued to quash a decision after the decision is taken by a lower tribunal while prohibition is issuable before the proceedings are completed. The...

September 28, 2014

What was the objective of Article 31 C of the Indian Constitution?

The twenty-fifth Amendment of the Constitution in 1971 added a new clause, Article 31 C, to the Constitution. Article 31 C was of a drastic character. The avowed...

September 28, 2014

What was observed by the Supreme Court on the question of government aid to minority institutions?

The Supreme Court in St. Stephen’s College has observed that: “The educational institutions are not business houses. They do not generate wealth. They cannot survive without public funds or private...

September 28, 2014

What was held in the case of T.M.A. Pai Foundation v. State of Karnataka in respect to Article 26(a)?

In T.M.A. Pai Foundation v. State of Karnataka it was held that “the right to establish and maintain educational institutions may also be sourced to Article 26 (a), which grants,...

September 28, 2014

What was held by the Supreme Court in the case of Dr. M. Ismail Faruqui v. Union of India?

In Dr. M. Ismail Faruqui v. Union of India, the Supreme Court has considered the question of acquisition of religious place by the State. A temple, church or a...

September 28, 2014

Is two children norm for elective post not voilative of Article 25 of the Indian Constitution?

Under Article 25 (2), religious freedom is subject to laws made for social welfare and reform. In Javed V. State of Haryana, the Supreme Court upheld statutory provision disqualifying...

September 28, 2014

Can taxes be imposed on promotion of religion?

To maintain the secular character of the Indian Polity, not only does the Constitution guarantee freedom of religion to individuals and groups, but it is also against the...

September 28, 2014

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