importance of the distribution of power to the various organs of the government, but at the same time, takes note of the possibility of the abuse of power to the detriment of the people who, as a matter of the fact, are the means & the end of constitutions. It has been described as the “rule of law over the rule of men”. It involves, analogically speaking, the reversal
Uncertainty hit Nepal Nepalese people are suffering from the one-way embargo of Indian government since three months ago. The needs of daily commodities like as food, gasoline are shortage inside Nepal. People are facing huge various problems, it is difficult to sustain daily lifestyle due to the blockade of the border. The one-way block of border hit general people life. The school is closing, the hospital is going to close because the medicine was lacking in the market. The Madhesh- based parties
has the power to make laws according to the provisions of the Constitution and the Judiciary is independent and there can be no intervention with its functions either by the Executive or by the Legislature. The power of judicial review is vested with the Supreme Court and the High Courts and they can declare any law unconstitutional passed by The Parliament or the Legislature if it seems to be violative of any provision of the Constitution. Therefore, Separation of Powers, though, is present in India
Arguably the most controversial of all the provisions in the draft Constitution was Article 306A. This was one such provision which required the persuading ability of the man, who himself was not convinced with such a discriminatory provision in the text of the Constitution, to convince the Constituent Assembly to vote in favour of including Article 306A. When Gopalaswami Ayyangar found himself in the middle of the crisis with Sheikh Abdullah, it was Sardar Vallabhbhai Patel who convinced the Constituent
of his faith and captain of his soul’.” - Jawahar Lal Nehru, Tryst with Destiny If we turn the pages of history, the secular spirit of modern India dates back to as late as the Motilal Nehru Committee Report which explained the principals of the constitution of India as late as in 1928. Though, there is no direct reference to the word ‘secular’ but the central idea of the Report was entirely secular which was closely followed
Karta: The position of the Karta in a Hindu coparcenary is a case of corporate personality. In coparcenary framework albeit every individual from the joint Hindu Family has a few rights and obligations and despite the fact that it is a solitary familial unit, a Joint Hindu Family does not have a different legitimate character and is not a juristic person. It is not fit for holding property and the law does not credit any identity to a Joint Hindu Family. The Karta is overall head of the joint family
possible due to the Constitution of India which is the supreme law of the land. In India the plan of reservations, quotas and first preferences for the socially backward and disadvantaged people is ancient. It was believed that US has started this type
any hideouts or shelter from which attack are made or likely made is in clear violation of the Indian Constitution. In many times Supreme Court of India in a judgement after judgement that absconding by itself is not conclusive either of guilt or of a guilty conscience. In this case the presumption of innocence against the one who is absconded is not respected. It is clear that in the eyes of Indian armed forces every place whether it is church or market or school or college can be looked upon
Doctrine of Separations of Powers in India: Indian state speaks to a contemporary approach in conceptualizing the convention of division of powers. Basically, there is no strict detachment of powers under constitution, both on a basic level and practice. Every organ while playing out its exercises has a tendency to meddle in the circle of working of another functionary in light of
enshrined in the constitution. For this reason, laws should be consistent with the spirit of Constitution. Similarly, the aim of the consumer protection laws is to achieve the goal of consumer protection and at the same time they should also be consistent with the spirit of constitution. In order to examine a consumer protection law in the light of constitution there is a need of constitutional mandate on consumer protection. But a question arises, as to whether; the constitution carries any provision