Indian Constitution

BASIC PRINCIPLES OF THE CONSTITUTION

In her first and customary Republic Day address to the nation, President Draupadi Murmu reiterated the founding ideals of the Republic on the eve of the 74th anniversary of the adoption of its Constitution. As the first tribal woman to occupy the highest office in the country, the 15th President …

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THE BASIC STRUCTURE OF THE CONSTITUTION

The Chief Justice of India, D. Y. Chandrachud compared the ‘basic structure’ of the Constitution to the North Star, an unfailing guide which shows the way when the path appears convoluted. His observation marks the response of the Supreme Court to a recent statement made by Vice President Jagdeep Dhankar …

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DEMOCRACY AND ITS STRUCTURAL SLIPPAGES

The democracy that is functional around the world today — even as it has a long history of evolution — was essentially a 19th century to 20th century western creation. Every civilisation, of course, claims to have had some form of democratic origin. But the institution of universal adult franchise …

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THE CONDUCT OF ELECTIONS IN INDIA

To begin with, elections divide voters into a dubious majority and a minority. The majority-minority division of 50% plus one and 50% minus one is, in principle, hardly a decisive mandate even as this is treated as one empirically. But the practice of elections belies even this notion of “majority”; …

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SYSTEMIC REFORM ON JUDICIARY

There is something rude and unpleasant in the way the Government is going about the task of demanding a big say in the appointment of judges in constitutional courts. The latest salvo is from Union Law Minister Kiren Rijiju, who has written to the Chief Justice of India to request …

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FOUNDATION OF THE CONSTITUTION

Come April and it will be 50 years since the Supreme Court of India delivered its verdict in Kesavananda Bharati vs State of Kerala. The judgment is widely recognised as a milestone in India’s history. In holding that Parliament’s power to amend the Constitution was not plenary, that any change that …

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SECTION 6A OF CITIZENSHIP ACT

A Constitution Bench led by Chief Justice of India D.Y. Chandrachud on Tuesday said it will first take up for preliminary determination whether Section 6A of the Citizenship Act, 1955 suffers from any “constitutional infirmity”. Section 6A was a special provision inserted into the 1955 Act in furtherance of a …

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THE RIGHTS OF SAME-SEX COUPLES

In a welcome move, the Supreme Court has transferred to itself petitions pending in several High Courts seeking legal recognition of same-sex marriage. A Bench of Chief Justice D.Y. Chandrachud and Justices P.S. Narasimha and J.B. Pardiwala asked the Centre to file its reply to all the petitions on the …

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