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Constitutional Law

Farm Bills 2020: An Analysis
Constitutional Law

Farm Bills 2020: An Analysis

On September 27th, 2020 President Kovind assented to all the three farm bills namely; The Farmers Produce Trade and Commerce (Promotion and Facilitation) Bill, 2020,The Farmers (Empowerment and Protection) Agreement on Price Assurance and Farm Service Bill, 2020, andThe Essential Commodities (Amendment) Bill, 2020. These bills were passed amidst huge outcry against them from the farmers and the opposition alike. According to the government the objective behind passing these bills is to create a free market system in the agricultural sector. This is done by allowing the farmers to sell their produce directly to the private traders across states and hence broke the monopoly of the APMCs or the mandis. It gives them the power to negotiate the price on their own terms and not be depe...
Right To Consumption of Alcohol under Article 21
Constitutional Law

Right To Consumption of Alcohol under Article 21

“Alcohol may be man’s worst enemy, but the bible says love your enemy”Frank Sinatra INTRODUCTION The Supreme Court bench of Chief Justice of India T.S Thakur, and Justices D.Y. Chandrachud, and L. Nageswara Rao passed an order of banning sales of liquor in States and Union Territories along National and State Highways across India from a PIL filed by "Arrive Safe" NGO which said nearly 1.42 lakh people die annually on roads in India because of accidents, drunk and drive being a major contributor to this high toll of human lives. The bench also said that ‘The license after 31st March 2017 will not be renewed’. The bench thereby directed that liquor vends should be 500m away from high populated highways, and 220m away from highways where the population is less than 20,000 and the shop...
Fundamental Duties in the Present Context
Constitutional Law

Fundamental Duties in the Present Context

Introduction Fundamental Duties were added on the recommendation of the Swaran Singh committee in 1976. They are now mentioned under part IV A of the constitution of India. They were inserted through the 42nd Amendment Act, 1976 during the tenure of Ms. Indira Gandhi as the Prime Minister of India. Article 51A of the constitution talks about the 11 fundamental duties that describes citizen’s duty towards the society and nation. The 11th fundamental duty was added through the 86th Amendment Act, 2002 that deals with the right to education to all children in the age group of 6-14 years. It is considered that they will strengthen democracy and bring socialistic values to life. These fundamental duties are ‘non-justiciable’. We all know that rights and duties are interdependent and co-r...
Abrogation Of Article 370 Of The Indian Constitution
Constitutional Law

Abrogation Of Article 370 Of The Indian Constitution

Introduction Article 370[1] of the Indian Constitution focuses on the special status granted to the state of Jammu & Kashmir. Earlier, this section was introduced in the Indian Constitution on a temporary basis. There were only three subjects under which the Union of India could introduce the state emergency or financial emergency in Jammu & Kashmir. India can impose emergency only based on communication, defense and external affairs. The main focus of this article is on whether the revocation of Article 370 from the Indian constitution is valid or not. There were both affirmative and negative arguments. As per the affirmative views, since Article 370 was introduced temporarily, it is valid to remove it. On the contrary, few forwarded arguments that,  in case Article 370 i...
Can Laws be Unjust?
Constitutional Law

Can Laws be Unjust?

Laws simply are a way of life. They are basically a set of well codified rules and regulations that in its truest sense aim at the maintenance and enforcement of order, sanity, and co-existence, which are extremely necessary for the smooth functioning of a society. But what happens when a portion of the same society deems a particular law to be unfit for them? Considering the fact that laws are made for the people in the first place. This naturally, typically and justifiably could lead to a citizen’s protest against the rule-makers. The laws that seems to favour one group of people over the other, causing physical, mental, financial or any other form of damage, harm or oppression to the others automatically fall within the definition of unjust laws. Martin Luther King Jr quotes “an ...
Parliamentary self-review the new Judicial Review?
Constitutional Law

Parliamentary self-review the new Judicial Review?

“Lex et consuetudoParliamenti  ab omnibus quaerenda, a multisignorata, a pauciscognita” The law and custom of parliament was meant to be sought by all, unknown to many and known by few. This maxim paves path for the Parliamentary Privileges enjoyed by few and contested by many. As the term suggests, Parliamentary Privileges refer to certain open ended powers and immunities vested with members of the Legislative Assemblies- both at the union[1] and state[2] level as elucidated in our constitution. These privileges emphasise on Parliamentary democracy by enabling the members of the assembly to conduct unhampered sessions without the constant worry of being reprimanded for their actions by any outsider. A borrowed rule, “It is an importation from England, a plant of an alien stock...
Narco-Analysis and its position in the Indian Judiciary
Constitutional Law

Narco-Analysis and its position in the Indian Judiciary

Introduction Criminal investigations and inquiries are based on one single motive- to find the truth. Though there has been an increase in the number of third degree tortures by Police officials on the accused to elicit principle and key details, technological advancements are used in arduous situations when the accused won’t take yes as an answer and are unwilling to provide confessions. The art of Educing Information Science and technological advancements have led to the invention of state of art tools to extract confessions to avoid miscarriage of justice. Some of these devices include the truth serum test, the Polygraph test and the Brain Mapping test. These psychoanalytical tests also known as the Deception Detection Tests (DDT) are used to define and observe the accused’s b...
Protection of Antiquities – An Overview
Constitutional Law

Protection of Antiquities – An Overview

1. Introduction The Indian subcontinent with its diverse cultural and natural wealth attract people from all walks of life, some to appreciate, while some to steal. The richness of Indian culture and heritage has paved a way for many smugglers to carry on illicit smuggling for enormous profits. Thus, smuggling of Antiquities in India has become a very rampant business for the racketeers. The government on its part has brought out a few methods to prevent such illicit activities through the enactment of laws. One such important act is the Antiquities and Art Treasure Act (AAT Act), 1972.  However, as the act is riddled with certain limitations, anti social elements tend to take advantage of the law. 2. Brief introduction to the AAT Act The AAT Act was introduced in the yea...
Erosion of Article 370 and the attitude of the Supreme Court
Constitutional Law

Erosion of Article 370 and the attitude of the Supreme Court

1. Introduction On 5th August, 2019, Prime Minister Narendra Modi led Government, boldly scrapped seven decades of legal precedent by amending Article 370 that granted constitutional autonomy to the state of Jammu and Kashmir and stripped off the state into two “Union Territories” J&K UT and Ladakh UT subject to direct rule by national government in Delhi. The firm stand taken by Modi government earned him praise in India but fury in the erstwhile state of Jammu and Kashmir. Taking such bold step was not possible without the suppression of liberties and rights guaranteed by the Constitution. To contain the protest and the justified rage and anger of common people against unilateral decision, a communication blackout was imposed in the region and political leaders were detained i...