RELATIONSHIP BETWEEN FUNDAMENTAL RIGHTS AND DIRECTIVE PRINCIPLES

RELATIONSHIP BETWEEN FUNDAMENTAL RIGHTS AND DIRECTIVE PRINCIPLES

Granville Austin has described the fundamental rights and directive principles as the ‘conscience of our Constitution.’ Initially, courts adopted strict and literal approach in reconciling fundamental rights and directive principles. In State of Madras v. Champakam Dorairajan, AIR 1951 SC 228, Supreme Court held that in case of conflict between Fundamental Rights and Directives Principles, […]

REASONABLE CLASSIFICATION

REASONABLE CLASSIFICATION

Equality before law and equal protection of laws connote that equality is not an absolute concept. Equals cannot be treated unequally and un-equals cannot be treated equally. Similarity of treatment does not mean identical treatment. In this sense it cannot be said that Article 14 mandates that all laws should be uniformly applicable to every […]

DOCTRINE OF ECLIPSE AND SEVERABILITY

DOCTRINE OF ECLIPSE AND SEVERABILITY

Doctrine of Eclipse The doctrine of eclipse is based on a principle that the law which contravenes Fundamental Rights is not void ab initio. It remains in a morbid condition and unenforceable. It is not totally wiped out from the statute book. They are valid for all past transactions i.e. transactions prior to commencement of […]

‘LAW’ UNDER ARTICLE 13

‘LAW’ UNDER ARTICLE 13

The word ‘law’ has been defined in Art. 13(3)(a) of the Constitution. The term ‘law’ includes any ordinance, order, bye-law, rule, regulation, notification, custom or usage having in the territory of India the force of law. In Dwarkanath v. the State (1959) Supreme Court held that ‘administrative order’ issued by the executive officers, if subject […]

PREAMBLE: IMPORTANCE AND OBJECTIVE

PREAMBLE: IMPORTANCE AND OBJECTIVE

Importance of Preamble Preamble is a sort of introduction to the statute and it helps in understanding the legislative intent and policy. It lays down the main objectives which the legislation intends to achieve. Preamble of the Constitution contains ideals which the Constitution seeks to achieve. It does not grant any power but it gives […]

ESSENTIAL ELEMENTS OF THE FEDERAL CONSTITUTION

ESSENTIAL ELEMENTS OF THE FEDERAL CONSTITUTION

(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 […]

FEATURES OF INDIAN CONSTITUTION

FEATURES OF INDIAN CONSTITUTION

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 […]