India started its democratic journey 67 years back, when it adopted its constitution on 26th January 1950. The people of India for the first time used their voting rights in the first general elections in the year 1951 and chose the representatives who represented them, their constituencies as well as their grievances in the parliament. […]
Indian Constitutional Law
The word ‘federation’ is not mentioned anywhere in the Constitution. Article 1 of the Constitution declares India as ‘a Union of State’. Also, the residuary power of governance is rest with the Parliament. Apart from Union List, the Parliament is also constitutionally empowered to make laws on concurrent list and even on the subjects found […]
Union Executive consists of the President, the Vice-President, the Prime Minister and Council of Ministers and the Attorney General. Attorney General is a part of Union Executive because the provisions regarding AG have been duly enshrined in Part-V (The Union) Chapter-1 – The Executive. By this definition, provisions of Comptroller and Auditor General are made […]
Special leave petition is a power of Supreme Court of India granted by Constitution Article 136. This article says that Supreme Court may, in its discretion, grant special leave to appeal from any judgment, decree, determination, sentence or order in any cause or matter passed or made by any court or tribunal in the territory […]
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, or to any existing law with respect to one of the matters in the Concurrent List, then the Parliamentary or the existing law prevails over the State […]
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 majority as is adopted for passing any ordinary law in the Parliament. Several Articles of the Constitution make provisions of a tentative nature, and the Parliament has […]
Under what circumstances reasonable opportunity under Article 311 (2) of the Indian Constitution is not available?
The protection of Article 311 (2) for giving reasonable opportunity is not available in the following circumstances : (a) where a person is dismissed are reduced in rank on the ground of misconduct which has led to conviction or criminal charges ; (b) where it is impracticable to give the civil servant an opportunity to […]
Article 72 of the Indian Constitution empowers the President to grant pardon, reprieve, respite or remission of punishment or to suspend, remit or commute the sentence of any person convicted of any offence in all cases- where the punishment or sentence is by a court martial; where the punishment or sentence is for an offence […]
Article 123 of the Constitution empowers the President t promulgate such ordinances as the circumstances appear to him require when- Both houses of Parliament are not in session; and he is satisfied that circumstances exist which render it necessary for him to take immediate action. It is considered as the most important legislative power of […]
The president may be removed from his office before the expiry of his term, for “violation of the Constitution” by the process of impeachment. The procedure of the impeachment is as follows: For impeachment, a charge against him may be initiated by either house of parliament. The resolution can be moved only after giving at […]