Category Archives: Constitutional Law

Concepts of constitution, constitutional law, and constitutionalism

The term “Constitutional law” is much extensive in nature with its concept than the term “Constitution”. The Constitutional law includes the Constitution, judicial precedents, relevant statutory laws, and conventions. Introduction A state cannot govern itself on an ad hoc basis without there being some norms to regulate its basic institution. There must be a predictable body of norms… Read More »

Salient Features of the Constitution with a brief Comparison to various Constitutions

In this article, the author has made an endeavour to highlight the constitution of India with its salient features which serve as a unique framework. Introduction The Indian Constitution is the supreme law of the land, a social document which is reflecting the “will of the people”. All the powers, functions and validity of legislation lie with the… Read More »

Brief Overview of Citizenship Act, 1955

Article 11 expressly empowers Parliament to make laws to provide for such matters and, accordingly, Parliament has enacted the Citizenship Act, 1955, to provide for the acquisition and determination of Indian citizenship. Introduction – Citizenship Act, 1955 The Republic of India is the federal country having two levels of government i.e. Centre and State where there is only single… Read More »

Historical background and evolution of the Indian Constitution

The historical background and evolution of the Indian Constitution can be studied under The Company Rule (1773-1858) and The Crown Rule (1858 –1947). Introduction Colonial rulers had employed and devised in managing Indian affairs and some legacy of The British system of administration can be noticed in Indian polity and constitution. This historical background and evolution of the… Read More »

Nationality and Citizenship

The term “Nationality” is a broader concept which is often used as a relationship of individual and state from international aspect whereas the term “Citizenship” has a relation to internal aspects between state and individual. An individual cannot change his “Nationality” but he always has an option to change his “Citizenship”. Therefore, the misconception of using both the… Read More »

Contracts which need not be Performed

Though the contract act promotes the fulfilment of contractual obligations from both the parties but under certain circumstances not performing the contract won’t receive legal sanctions. Introduction – Contracts which need not be Performed Contracts are the pillars based on which commercial transactions between two parties are created. Contracts are entered between two parties on the intention that it… Read More »

The Amendment of the Constitution (Article 368) – Basic Structure Doctrine

To preserve the ideals and philosophy of the original constitution, the Supreme Court has laid down the basic structure doctrine. The doctrine allows the Supreme Court to strike down any amendments that may alter the ‘basic structure’ of the constitution. INTRODUCTION The very basis on which the law of a country is founded is its constitution. The economic, political and… Read More »