This article is written by Himanshu Kumar, a student of 5th year LL.B. at K.K. Law College, Biharsharif, Nalanda, Bihar. “If I was asked to name any particular article in this Constitution as the most important- an article without which this Constitution would be a nullity— I could not refer Read more
In the world’s largest democracy, the freedom of speech and expression is the most crucial fundamental right availed to the citizens by the constitution. The media is considered as the fourth pillar of democracy and it plays a vital role in a country’s social, political, economical and international affairs. Thus, Read more
Sir John Austin says, “law is a command of sovereign backed by sanction.” The sentence states that that law is whatever the political sovereign of a certain state says law is. This law needs to be backed by legitimate sanction, that is punishment or penalty for violation. But who is Read more
Introduction Certiorari is a Latin word which means “to certify or to be certified or to be informed”. It is issued by a higher court to a lower court or tribunal either to transfer a case pending with the latter to itself or to squash the order of the latter Read more
A mere declaration of fundamental rights in the constitution is meaningless, unless it is provided with effective machinery for their enforcement. Prerogative remedies are provided through writs. Provision related to writs are made under Article 32 and 226 of the constitution of India. The writs are borrowed from English law Read more
Fundamental Rights are deemed important to protect the rights and liberties of the people against the encroachment of the power delegated by them to their Government. There are limitations upon all the powers of the Government, legislative as well as executive and they are important for the preservation of public Read more
The Article 12 and Article 13 comes under the part 3rd of the Indian Constitution. This part of Constitution comprises of Fundamental Rights. Particularly, Article 12 defines what is State and Article 13 specifies which act of state are regulated by the Constitution so that state will not misuse the Read more
Writ – An individual has right to move to the Supreme court (under article 32) or under Article 226 to High court in case his fundamental rights are violated, and the supreme court and high court may issue appropriate writs to enforce such rights In English, Law writs are known Read more
Merits of a written Constitution: – Demerits of a written Constitution: – Merits of an unwritten Constitution: – Demerits of an unwritten Constitution: – Written Constitution Unwritten Constitution Written constitution is found in legal documents duly enacted in form of laws An unwritten constitution consists of Read more
The objective is the emphasis that the constitutional law embodies the will of the sovereign, and it should be treated as a sacred document. Merit of Rigid Constitution: – Demerits of Rigid Constitution: – The amendment of the flexible constitution requires no special procedure. The Constitution of Britain Read more