(1) Division of powers : Division of powers between Central and State governments is an essential element of the federal Constitution. This division is done by the Constitution itself. Each government is independent in its jurisdiction and does not exercise the rights and powers of other. Thus, the powers are divided among various collaborative entities […]
Indian Constitution was drafted in the mid-twentieth century. The Constitution makers drew inspiration from various sources and adopted various unique features to be incorporated in the Indian Constitution. Following are the salient features of Indian Constitution— (1) The largest Constitution : Sir Ivor Jennings has termed the Constitution of India as a largest and detailed […]
The doctrine of separation of powers emphasizes the mutual exclusiveness of the three organs of the government i.e. Legislature, Executive and Judiciary. According to this doctrine, the legislature cannot exercise executive or judicial power; the executive cannot exercise legislative or judicial power; and the judiciary cannot exercise the other two powers. Montesquieu for the first time formulated […]
Hindu joint family is a fundamental aspect of life of Hindu. Its origin can be traced to ancient patriarchal system which was one of the earliest systems of human society. According to Mitakshara law a Hindu joint family consists of the common ancestor and all his lineal male descendants up to any generation together with […]
Rule of Law is the bedrock of administrative law and constitutional law. Sir Edward Coke was the originator of this concept. It was developed by Dicey in his work ‘The Law and the Constitution’. Dicey attributed following three meanings to this doctrine:- 1. Supremacy of law: According to Dicey rule of law means absolute supremacy […]
The concept of tortuous liability of State means that the state is liable for the acts of its servants. State has to act through human agencies in carrying out various functions. So the important question which arises is whether the State can be held vicariously liable for the acts of its employees. Under the English […]
