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Judicial Activism in India: Impact on Governance and Policymaking

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…

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The Basic Structure Doctrine in the Indian Constitution: Significance and Judicial Evolution

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…

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Articles 5 to 11 of the Indian Constitution: Citizenship Provisions and Legal Framework

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…

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Armed Forces (Special Powers) Act (AFSPA): A Critical Analysis

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 Originally enacted to curb insurgency and maintain public order, AFSPA grants sweeping powers to the armed forces, including the right to shoot to kill, arrest…

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Right to Life in India: Constitutional Perspective and Judicial Evolution

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…

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Doctrine of Basic Structure and Its Importance for the Indian Constitution

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…

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The Philosophy of Indian Democracy: A Study of the Preamble of the Constitution

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…

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Role of the National Human Rights Commission (NHRC) in India

Introduction The National Human Rights Commission (NHRC) of India plays a pivotal role in upholding and protecting human rights in the country. Established on October 12, 1993, under the Protection of Human Rights Act (PHRA), 1993, the NHRC serves as an independent statutory body tasked with safeguarding the fundamental rights of individuals. Its primary mission…

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Article 32: The Soul of the Indian Constitution and its Role in Protecting Fundamental Rights

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….

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Why the President of India Cannot Become a Dictator: Constitutional Safeguards and Democratic Framework

Introduction The office of the President of India is an important pillar of the country’s constitutional democracy. Unlike many presidential systems worldwide where the head of state wields immense executive power, the Indian President functions primarily as a ceremonial head. The structure of India’s Constitution ensures a clear separation of powers, and various legal and…

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