Indian Constitution

ENFORCEMENT DIRECTORATE

The SC reserved its judgment on a batch of petitions challenging the third extension given to Director of Enforcement. The Directorate of Enforcement is a multi-disciplinary organization mandated with investigation of offence of money laundering and violations of foreign exchange laws. The statutory functions of the Directorate include enforcement of following Acts: The Prevention of Money Laundering Act, 2002 (PMLA): It is …

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USING THE PHRASE ‘SOVEREIGNTY OF KARNATAKA’

Prime Minister of India alleged that the Congress was “openly advocating” Karnataka’s secession from the Indian Union, by using the phrase ‘sovereignty of Karnataka’. Sovereignty is simply the idea of having supreme authority over a defined territory. From the 17th century onwards, Western philosophers used the concept to describe the supremacy of the state over …

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INTERNAL COMPLAINTS COMMITTEES AND THE POSH ACT

An investigation revealed that more than half — 16 — of India’s 30 national sports federations do not have an Internal Complaints Committee (ICC), a legal requirement under the Prevention of Sexual Harassment (PoSH) Act, 2013. As many as 16 of the 30 national sports federations of disciplines in which India has …

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ARTICLE 142

A constitution or five-judge bench of the Supreme Court held that it can exercise its powers under Article 142 of the Constitution to directly grant a decree of divorce to consenting parties, in cases of irretrievable breakdown of marriage, without referring the parties to a family court. Current procedure under …

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JUDICIAL REVIEW

The scope of reviewing the laws placed under 9th schedule is limited. After the first amendment, the major landmark case in which the question of immunity granted to parliament was presented before the court was the case of Shankari Prasad. It was asked that whether Article 31B read with schedule 9 was unconstitutional by excluding the scope of judicial …

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NINTH SCHEDULE

Chhattisgarh Chief Minister wrote to Prime Minister seeking the inclusion of two amendment Bills allowing for higher quota in jobs and educational institutions, in the Ninth Schedule of the Constitution. The Ninth Schedule includes a list of Central and State laws which cannot be challenged in courts. In Chhattisgarh’s case, the two amendment Bills that …

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A RIGHT TO FREE SPEECH

When India’s Union Law Minister describes retired judges in a rather harsh manner, it is something that cannot be taken lightly. For the Minister to label retired judges who question “state policies” as being “anti-India” elements is not just a case of a flawed understanding of concepts but also a …

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THE INDIAN ARMS ACT

The Punjab government has cancelled the 813 gun licenses across the state in a bid to clamp down on the “gun culture” in the state. The Indian Arms Act of 1959 scrapped the erstwhile Act of 1878. The Act of 1878 passed by the British in the aftermath of the 1857 mutiny, restricted Indians from …

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JUDICIAL MAJORITARIANISM

As the recent majority judgment of the Supreme Court on demonetisation comes under criticism, the minority judgment by J. Nagarathna is being hailed for its challenge to the RBI’s institutional acquiescence to the Central government. This questions our blind acceptance of numerical majorities in judicial decision-making. What is judicial majoritarianism? …

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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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