The Constitution (Forty Second) Amendment Act, 1976, breaks new ground by introducing the innovative concept of Fundamental Duties of the Indian citizens in the Constitution. For this purpose, a new part IV A consisting of Article 51 A has been added to the Constitution. Article 51 A lays down the following ten fundamental duties:- (a) ..
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Article 19 (1)(b) of the Indian Constitution guarantees to its citizens the right to assemble peaceably and without arms. Under Article 19 (3), however, the state can make any law imposing reasonable restrictions on the exercise of this right in the interest of public order, and sovereignty and integrity of India. Article 19 (1) (b) ..
No freedom can be absolute or completely unrestricted. While it is necessary to maintain and preserve freedom of speech and expression in a democracy, so also it is necessary to place some curbs on this freedom for the maintenance of social order. Accordingly under Article 19 (2), the state may make a law imposing reasonable ..
The roots of the doctrine against double jeopardy are to be found in the well-established maxim of the English Common law, Nemo debet bis vexari, meaning that a man must not be put twice in peril for the same offence. When a person has been convicted for an offence by a competent court, the conviction ..
Within certain limits, picketing or demonstration may be regarded as the manifestation of one’s freedom of speech and expression. “Peaceful picketing is free speech. Non violent acts are like words.” Picketing or demonstration is a non violent act of persuasion. In O.K. Ghosh v. E.X. Joseph a disciplinary rule prohibited government servants from participating in ..
In R. Rajagopal v. State of Tamil Nadu the Supreme Court has laid down certain propositions defining the right to privacy. The Court held that any publication concerning the privacy aspects would become unobjectionable if, such publication was based upon public records including Court records. This is for the reason that once a matter becomes ..
The Constitution of India does not grant in relief and express any terms ‘right to privacy’ as such. Right to privacy is not enumerated as a Fundamental Right in the Constitution. However, such a right has been culled by the Supreme Court from Article 21 and several other provision of the Constitution read with the ..
Right to know is a basic right of the citizens of a free country and Article 19 (1) (a) protects this right. In Dinesh Trivedi, M.P. & Ors v. Union of India the Supreme Court dealt with the right to freedom of information and observed ” in modern Constitutional democracies, it is axiomatic that citizens ..