Category: Constitutional Law
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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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Constitutional Transformation: Radical or Gradual?
In a recent discussion on ‘a changing society and constitutional continuity: experience in pursuit of justice’, Justice D.Y. Chandrachud commented that the Indian Constitution embodied a transformative vision at its birth.[1] The founders attempted a radical transformation of a society which was based on caste and patriarchy, where liberty lay at the command of a…
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Averting the Migrant tragedy: Constitutional and Legal Framework
When political analyst Ashwani Kumar called Migrants labourers as the most disenfranchised invisible citizen and when Sr. Advocate Kapil Sibal asked judiciary for holding government accountable on the handling of pandemic, both were questioning the government’s welfare policies and the due process followed in implementing it. However, little we know about an already existing law…
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Guarding Constitutional Contours at Times of Epidemic: The Kerala Epidemic Diseases Ordinance, 2020
INTRODUCTION Epidemic Diseases Act, 1897, or the Act 3 of 1897(hereinafter referred to as “The Act”) was enacted to contain the spread of dangerous epidemic diseases. The Government took recourse to this law to manage the Coronavirus outbreak. Section 1(2) of the Act defines that it extends to the whole of India except those territories…
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Curative Petition: An Abortive Judicial Exercise
Introduction The Indian Judiciary, after independence, has come a long way. With remarkable achievements on its side, it became more than a mere adjudicating body, to the holder of the fundamental rights as well as the guardian of our constitution. One of the most important reasons behind our judiciary’s commendable work in protecting and safeguarding…
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Conflict of Authority: Constitutional or Parliamentary
Introduction The constitution consists of the basic fundamental principles according to which a country is to be governed and constituted. It provides a basic framework and structure for the government policies that are to be implemented in a state. It provides the citizens with the knowledge of their rights and duties, thereby providing them with…
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