In Kilhoto Hollohon case, it was observed that “Democracy is a part of basic structure of Our Constitution. Thus, rule of law being one of the basic features of democracy, is also the basic feature of the Indian Constitution.” Hence, it cannot be destroyed even by an amendment of the Constitution under Article 368.
Indian Constitution Short Questions: GK, Current Affairs, Questions, Trivia and News
According to Jennings, Equality before the law means that among equals the law should be equal and should be equally administered, that like should be treated alike. The right to sue and be sued, to prosecute and be prosecuted for the same kind of action should be same for all citizens of full age and ..
There could be only one norm for confirmation or promotion of persons belonging to the same cadre in service. No junior shall be confirmed or promoted without considering the case of his senior. Apart from being contrary to Article 16 (1) of the Constitution, any deviation from this principle will have demoralizing effect in service.
Is any part of Article 14 of the Indian Constitution above the recognition of exceptions and qualifications on special grounds?
Two concepts are involved in Article 14, viz., ‘equality before law’ and ‘equal protection of laws’. The first is a negative concept which ensures that there is no special privilege in favour of any one, that all are equally subject to the ordinary law of the land and that no person, whatever be his rank ..
‘Law in force’ includes prior laws passed or made by the legislature or other competent authority in the territory of India before the commencement of the Constitution and not previously repealed, notwithstanding that any such law or any part thereof may not be then in operation either at all or in particular areas.
The term ‘law’ in Article 13 has been given a wide connotation so as to include any ordinance, order, bye-law, rule, regulation, notification, custom or usage having in the territory of India the force of law. The definition is enumerative rather than substantive, i.e., it mentions some of the normal forms in which the law ..
It is not open to a citizen to waive any of the Fundamental Rights conferred by Part III of the Constitution. These rights have been put in the Constitution not merely for the benefit of the individual but as a matter of public policy for the benefit of the general public. It is an obligation ..
The doctrine of eclipse means that an existing law inconsistent with a Fundamental Right, though becomes inoperative from the date of the commencement of the Constitution, is not dead altogether. It is overshadowed by the Fundamental Right and remain dormant, but is not dead. It is a good law if a question arises for the ..