GS-II: Basic Structure Doctrine
In view of the recent case against The Wire, discuss the legal provisions regarding defamation in India. What is the case for decriminalization of this offense?
The ongoing defamation case against news website ‘The Wire’, has once again sparked the debate to decriminalize this offence, a demand expressed by the media community from time to time. Background: The Wire reported that members of the BJP routinely ..
Topics: GS-II: Basic Structure Doctrine
Article 22, despite being a fundamental right, has some parts which pose as ‘fundamental dangers’. Examine the above statement in the light of debate surrounding preventive detention laws in India.
The article 22 of the Indian constitution contains certain laws for detention and arrest. Article 22 ensures: Any arrested person be presented before a magistrate within 24 hours. A person alleged of offence be given reason of his arrest except ..
Highlight the indispensability of the doctrine of separation of powers for a democracy. Elucidate the principle of ‘checks and balances’ and discuss it in context of India.
Doctrine of separation of powers is integral to any democratic setup. Ensures proper checks and balances. Prevents tyranny of the executive. Ensure sanctity of constitution and fundamental rights. Provides avenues for citizens who have been wronged by any organ of ..
It has been observed on many occasions that the Right to freedom of religion often clashes with the right to equality and individual dignity. Discuss in the light of constitutional provisions and recent judicial pronouncements.
Individual dignity is one of the founding principles of our Constitution, finding mention in its preamble. That apart, certain constitutional provision ensures individual dignity: Article 14: equality of laws; cannot be discriminated on any grounds including religious. Article 19: Freedom ..
The preamble to the Indian constitution cannot be regarded as a source of any prohibition or limitation. Discuss in the context of various judgements of the Supreme Court.
Mr. Nani Palkivala, famous constitutional expert described preamble as horoscope of India’s constitution. It embodies the vision of our founding fathers, fundamental principles as well as solemn resolve that nothing but revolution can alter. Significance: Nature of Indian society – ..
Explain delegated legislation and administrative adjudication. Also discuss issues associated with them.
The Delegated legislation refers to the executive government assuming vast legislative powers through a wide legislation and framing rules which endow it with wide powers. The Administrative adjudication refers to administrators doing judicial pronouncements through their powers. Both delegated legislation ..