EMERGENCY PROVISIONS

EMERGENCY PROVISIONS Emergency The term ’emergency’ may be defined as ‘a difficult situation arising suddenly and demanding immediate action by public authorities under powers specially granted to them by the constitution or otherwise to meet such exigencies’. Dr. Ambedkar claimed that the Indian federation was unique inasmuch as in times of emergency it could convert itself into an… Read More »

SPECIAL STATUS OF JAMMU & KASHMIR

SPECIAL STATUS OF JAMMU & KASHMIR Under the Part XXI of the Constitution of India, which deals with “Temporary, Transitional and Special provisions”, Article 370 is a temporary provision granting special autonomous status to Jammu and Kashmir. The Temporary, Transitional and Special provisions are provided in part XXI of our constitution’ Article 370 deals with the State of… Read More »

JUDICIARY: UNION & STATE

JUDICIARY: UNION & STATE  Nature of Judicial Power In order to maintain the supremacy of constitution, there must be an independent and impartial authority to decide disputes between units of federation. The Supreme Court under our constitution is such arbitrator. It is the apex court – the final interpreter and guardian of constitution, which keep the democratic structure… Read More »

DISTRIBUTION OF POWERS BETWEEN UNION AND STATE

DISTRIBUTION OF POWERS BETWEEN UNION AND STATE The main characteristic of a federal constitution is the distribution of powers between the union and the states. The Indian constitution provides for a new kind of federalism to meet India’s peculiar needs. In the matter of distribution of powers, the framers followed the pattern of the Government of India Act,… Read More »

FREEDOM OF TRADE COMMERCE AND INTERCOURSE

FREEDOM OF TRADE COMMERCE AND INTERCOURSE Part XIII of the constitution contains provisions relating to the freedom of trade, commerce and intercourse within the territory of India. The provisions are laid down in articles 301-307. While the general rule of freedom of trade and intercourse is enunciated in article 301, it may be subjected to restrictions laid down… Read More »

JUDICIAL REVIEW

JUDICIAL REVIEW Basis and Scope Philosophy of judicial review is rooted in the principle that constitution is the fundamental law, all governmental organs must not do anything which is inconsistent with the provisions of constitution; and the theory of ‘limited government.’ when a contradiction between the constitution and enacted law exists, it is the duty of judges to… Read More »

SALIENT FEATURES OF CONSTITUTION OF INDIA

The constitution of India is unique in many ways. It has several special features that distinguish it from other constitutions of the world such as: (1) Size of the Constitution– It is the lengthiest Constitution ever given to any nation. It is a very comprehensive document and includes many matters which could legitimately be the subject matters of… Read More »

ABOLITION OF DUAL JUDICIAL SYSTEM

ABOLITION OF DUAL JUDICIAL SYSTEM The 1857 revolt/mutiny opened the eyes of the British Parliament to the corrupt administration of the Company and to the total lack and complete dissatisfaction of the natives with the administration of justice in India. It was felt that more and more natives should be allowed to participate in the governance of the… Read More »

THE ADALAT SYSTEM

THE ADALAT SYSTEM In 1765, the company entered into an agreement with the Emperor whereby it obtained the diwani of the three provinces of the Bengal, Bihar and Orissa. In Warren Hastings prepared the first judicial plan. It was the first step to regulate machinery of administration of justice and the plan being a landmark in the ial… Read More »

THE ADVOCATES ACT, 1961

THE ADVOCATES ACT, 1961 To implement the recommendations of the All India Bar Committee (fully endorsed by fourteenth Report of the Law Commission in 1955), the Advocates Act, one thousand nine hundred sixty one was enacted. The Act extends to the whole of India, except the State of Jammu and Kashmir. The Act provides for amending and consolidating… Read More »