Tag: Constitution of India
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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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The Mumbai Gag Order: An intrusive order labelling criticism of state a crime
INTRODUCTION Public criticism is indispensable to the functioning of government institutions and a ‘culture of open dialogue’ is requisite for democracy. It is not erroneous to say that dissemination of fake news and incorrect information over social media platforms regarding the actions of the government, creates chaos and bewilderment among the people and incites mistrust […]
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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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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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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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Countering the Criticism against Judicial Activism
This article is written by Dibyadarshini Nanda. Dibyadarshini is currently pursuing LLM from Utkal University, Odisha. The concept of judicial activism has been criticised from its very beginning. The third President of USA, Thomas Jefferson referred it as the “despotic behaviour” of Federalist federal judges, in particular, of former Chief Justice John Marshall.[1] Some […]
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