Category: Constitution of India
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Right to strike in Indian Constitution: Schrödinger’s cat?
Introduction In contemporary culture, there seems to be a stark contrast between employers and workers. The latter is inextricably linked to the former. The inequality exists not just in terms of resource abundance, but also in terms of dominance and the enjoyment of authority above the other. Employers have such positional power and authority that…
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The Gubernatorial Domain in India: Through the Lens of Bengal
Introduction India has a parliamentary style of government, within which the Governor is not the head of the Government, but merely a titular head of the State. A cursory reading of Constituent Assembly Debates indicates that the framers were wary of conferring discretionary powers to the Governor. In order to ensure that the institution of…
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National Language and Constitutional Deference
In India, the issue of the national language is one of the most controversial issues of pre as well as post-independence era. It has been a matter of debate in the past few months also. With huge diversity in culture, language and dialects, attempts in bringing uniformity in the pretext of ‘national unity’ have always…
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UGC Judgment and Article 14
On 28.08.2020, the Supreme Court (“Court”) had dismissed the writ petitions challenging UGC’s guidelines dated 06.07.2020 mandating all Universities to compulsorily conduct and complete exams for all final year students by 30.09.2020 (“revised guidelines”). Among other things, the Petitioners had argued that the revised guidelines violated their right to equality under Article 14. It is…
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Imbalance in Indian Democracy: cultural, political, and economic equality?
Introduction: The Founding fathers of Indian constitution had chosen the parliamentary Democracy for the governance of the India. The basic foundation of democracy was to maintain the equality in the society and to create an environment where the civil society of the country would be in the position to critically engage in social issues. The…
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Tryst for Democracy: Celebrating 45 years of Indira Gandhi v. Raj Narain
“This action is totally within our constitutional framework and it was undertaken in order not to destroy the constitution but to preserve the constitution and safeguard our democracy”. – Indira Gandhi to the Lok Sabha on 22nd July, 1975 INTRODUCTION Indira Gandhi v. Raj Narain (“Indira Gandhi’s case”)[1] is widely renowned to be the scapegoat…
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