Main Sources of the Indian Constitution | Overview Introduction Main sources of the Indian Constitution List of the Sources Conclusion The present article aims to mention all the major sources of the Indian constitution and what are all the essential features borrowed from these sources. The Constitution of India has absorbed many essential features from the constitution of… Read More »
Indian Constituent Assembly | Overview Introduction Role of a Constituent Assembly in constitution-making Committees of Indian Constituent Assembly Major Committees Minor Committees Role of the Drafting Committee Role of the Advisory Committee Conclusion The present article aims to provide a detailed idea about the Indian Constituent Assembly, its features, with a primary focus on all the committees involved… Read More »
The Doctrine of Incidental or Ancillary Powers: The principle of this doctrine has developed as an addition to the Doctrine of Pith and Substance. The Doctrine of Incidental and Ancillary Powers enables the Indian Judiciary to resolve any conflicts related to the competence of legislative powers given to the Union and State Government. This doctrine is invoked when… Read More »
The Doctrine of Pith and Substance: The power granted to legislatures to formulate a statute under three lists of the seventh schedule in the Constitution of India is bound to overlap at certain points but this can’t be used as a reason to make the whole statute null and void. Therefore, incidental effects or encroachments are permissible under… Read More »
The Doctrine of Harmonious Construction: The Parliament makes a separate set of statutes, rules and legislation as well as constitutional provisions under their well-defined powers. While the framing of these provisions has to be done very carefully, conflict still occurs sometimes due to overlapping in their enforcement. This is because there are chances of certain gaps being left… Read More »
Doctrine of Colourable Legislation: Legislation is considered as colourable when a legislature having no power or legislative competence enacts legislation that is so camouflaging that it appears to fall within its legislative competence. The objective lies in the fact that what the legislature can’t legislate directly; it cannot go beyond its competency to legislate it indirectly. This principle… Read More »
The literal meaning of “eclipse” refers to the occurrence when one object overshadows another. In reference to Constitutional law, the doctrine of eclipse is known to be applied in cases in which an act or law has the tendency to violate the fundamental rights guaranteed under the Indian Constitution. In that scenario, the fundamental rights will overshadow the… Read More »
Territorial Nexus: When it comes to federalism, one of the most significant and important aspects is the distribution of power. The function of a federal state thus defined requires the distribution of powers and power between the national government as well as the governments of the respective states. The main feature of federalism is the allocation to more… Read More »
The doctrine of laches refers to a lack of diligence and action in making legal claims or going forward, especially with respect to equity, with legal compliance of a right. An unreasonable wait is not admissible in the court and thus the laches doctrine is applied, which is called the Restriction Act 1963. Laches doctrine is essentially the… Read More »
The Preamble to the Constitution of India is a preface and an introductory statement which provides the guiding principles to the purpose and interpretation of the constitution. This article introduces readers to its salient features and significance. I. Introduction The preamble to the constitution reflects the ideals and aspirations of a constitution, nation and its people. It is… Read More »
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