Introduction The Indian judiciary plays a vital role in interpreting and upholding the Constitution, ensuring justice, and maintaining the balance of power among the executive, legislature, and judiciary. Over the years, the judiciary has adopted a proactive stance in addressing legal and constitutional matters, which is commonly referred to as Judicial Activism. Judicial activism occurs…
Introduction The Basic Structure Doctrine is one of the most significant principles in Indian constitutional law. It serves as a safeguard against arbitrary amendments to the Constitution by preventing Parliament from altering the fundamental characteristics of the Constitution. This doctrine ensures that the core values, principles, and spirit of the Indian Constitution remain intact, even…
The Constitution of India, adopted in 1950, lays down provisions related to citizenship in Part II, which comprises Articles 5 to 11. These articles define who is considered a citizen of India at the commencement of the Constitution and empower the Parliament to regulate future aspects of citizenship. Let’s examine each of these articles in…
The Armed Forces (Special Powers) Act (AFSPA) has been one of the most contentious laws in India, often criticized as draconian and unconstitutional by various states and human rights organizations. Originally enacted to curb insurgency and maintain public order, AFSPA grants sweeping powers to the armed forces, including the right to shoot to kill, arrest…
Introduction The Right to Life is one of the most fundamental human rights recognized across democratic constitutions worldwide. In India, this right is enshrined under Article 21 of the Constitution, which states: “No person shall be deprived of his life or personal liberty except according to the procedure established by law.” This provision serves as…
Introduction The Doctrine of Basic Structure is a fundamental principle in Indian constitutional law that ensures the core values and essential features of the Indian Constitution remain intact despite amendments. The doctrine prevents Parliament from altering or destroying the fundamental framework of the Constitution, thereby preserving the democratic and federal nature of India’s governance. This…
Introduction The Constitution of India is the supreme law of the land, laying the foundation for governance and the rights of citizens. At the heart of this monumental document lies its Preamble, a guiding philosophy that encapsulates the essence of Indian democracy. The Preamble is not just an introduction but a declaration of the fundamental…
Public Interest Litigation (PIL) has become an essential aspect of India’s judicial system, allowing individuals and groups to approach the courts for the protection of public rights and social justice. The concept of PIL revolutionized the legal landscape of India by expanding the scope of access to justice and addressing issues that directly or indirectly…
Article 32 of the Indian Constitution is often referred to as the “soul of the Constitution” due to its crucial role in safeguarding the fundamental rights of Indian citizens. It empowers individuals to directly approach the Supreme Court if they believe their fundamental rights, as enshrined in Part III of the Constitution, are being violated….
Introduction Judicial activism refers to the proactive role played by the judiciary in interpreting and enforcing constitutional principles, often stepping beyond its traditional function of adjudicating disputes. In India, judicial activism has emerged as a critical element of governance, shaping policies, enforcing fundamental rights, and influencing public administration. This phenomenon has significantly impacted the delicate…