Category: Constitutional Law
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Article 35A of the Indian Constitution – A critical overview
Debate on article 35A started again when during his visit to Kashmir, the Union Home Minister Rajnath Singh said that the BJP-led government at Centre will not go against the wishes of the people of Jammu and Kashmir on the constitutional provision that guarantees special privileges to the natives. Article 35A of the Indian Constitution…
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Right to Privacy – An analysis of the recent developments
The Aadhaar scheme by the Union Government has been the point of friction for quite a few days. It had been under the lens of allegations like breaching individual’s privacy as it involved the collection of biometric data. With the 12-digit Aadhaar becoming the basis of obtaining the benefits of Government programmes, subsidies, tax administration,…
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Indian Constitution and its Contractual nature
The Indian preamble, an ideal manifestation of the objective sought to be imbibed in the Indian culture, not only in theory but in practice as well; starts with this magnanimous terminology of ‘We the people of India’; therefore, bestowing the ultimate power to the Indian citizens; so it is the Indian citizens, who under the…
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And now, who will defend us?
Laws were created to regulate the coexistence of man within a society. Each country has a Supreme law, usually called Carta Magna or Constitution that establishes the foundations and principles by which it will be governed. It set down the main rights and obligations, as well as the guarantees that serve as a limit, to…
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A Need to Define Limits to Constitutional Change
Constitutional reform, progressively known as constitutional change[1] in recent times, is an act of the state that results in a change in the constitutional text of the nation. Undoubtedly, there is a dire need of regular changes to a constitution keeping in view the ever-dynamic nature of the law as well as society. Also, almost…
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Revisiting the NJAC case
The January 4th appointment of Justice Khehar as the Chief Justice of the Supreme Court and the petition imposed thereafter questioning his appointment and by extension the validity of the collegium case has again opened a Pandora’s box full of questions. Thereby it appeared as apt, to recount the narrative which has aimed at questioning…
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