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What are the Federal Features in Constitution of India?

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 […]

Is Attorney General Part of Union Executive?

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 […]

What is Special leave petition?

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 […]

Which constitutional provision deals with the establishment of a Finance Commission?

Finance Commission is provided for in Article 280 of the Constitution. The First Finance Commission was constituted in 1951 under the Chairmanship of Mr. K.C. Neogy. It is constituted every five years by the President, to make recommendations relating to the distribution of financial resources between the Union and the States. It consists of a […]

Can Article 21 be invoked against telephone tapping?

The freedom of speech and expression means the right to express one’s convictions ad opinions freely by word of mouth, writing, printing, picture, or in any other manner. When a person a person is talking on telephone, he is exercising his right to freedom of speech and expression. Telephone tapping, accordingly, infracts Article 19 (1) […]

Is the power of the government to expel a foreigner absolute?

The Supreme Court has asserted that the power of the government to expel a foreigner is absolute and unlimited. There is no provision in the Constitution fettering this discretion of the Government. The Government has an unrestricted power to expel a foreigner without assigning any reasons. A foreigner has no right to claim Indian citizenship. […]

Whether the Supreme Court is bound by its own decisions?

A principle of great significance which avoids stultification of the constitutional law, and helps in its continuous development through the process of judicial interpretation, is that the Supreme Court does not regard itself bound by its own previous decisions and feels free t overrule them if it thinks that to be necessary. As early as […]

Can the government sue or be sued?

Article 300 lays down that the Government of India, or of the State, ay sue or be sued by the name of the Union of India or of the State respectively. The Centre or a State can thus be sued as a juristic personality. As regards the extent of government liability, the Article declares that […]

What are the conditions under which a person may be deprived of the Indian Citizenship?

Under Section 10, citizens of India by naturalization, marriage, registration, domicile and residence may be deprived of citizenship by an order of the Central Government, if it is satisfied that- (1) the registration or naturalization was obtained by means of fraud, false representation or concealment of any material fact, or, (2) he has shown himself […]