(Full Text) PREAMBLE We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane society, and establish a Government that shall embody our ideals and aspirations, promote the common good, conserve and develop our patrimony, and secure to ourselves and our posterity, the blessings of independence and… Read More THE 1987 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES
Apart from some parliamentary legislations, The United Kingdom never enacted any single document called as ‘ Constitution of United Kingdom ‘ or such. Having said so nonetheless following legislations have constitutional effects. Therefore, it can be safely said that the British constitution is a collection of important legislations which formulate the basic policy of the… Read More Constitution of the United Kingdom
KEYWORDS : Fundamental right of company-eminent domain- HELD : No one except those whose rights are directly affected by a law can raise the question of the constitutionality of that law. The company and the shareholders are in law separate entities, and if the allegation is made that any property belonging to the company has… Read More Chiranjit Lal Chowdhuri Vs. The Union of India & Ors [ SC 1950 December]
“India that is Bharat shall be Union of States” 1) Power of the Union Parliament, under Article 3, to alter the names, areas and boundaries of the existing States; 2) Provision for single citizenship under Article 9; 3) Position of the Governor, as an agent of the Central Government; 4) Discretion vested with the Governor under… Read More India and Indian Constitution is not Federal
The term “Constitution,” referred to the body or general framework of British laws and institutions. In eighteenth-century American political thought “constitution” came to refer to a body of fundamental principles, extracted from human experience, which, in written form, set the limits of governmental power. Older charters of rights and liberties for individual colonies, originally conceived… Read More Written Constitution
The term “Nonconstitutional law” includes statutory, administrative, and judicial lawmaking outside the ambit of the written Constitutional provisions. It is not unconstitutional Law at all.
KEYWORDS:-Struck Down a Law DATE:- MAY 07, 2018- “Section 4(3) of the 1981 Act cannot pass the test of Cof the Constitution of India and is, therefore, liable to be struck down. We, therefore, hold that the aforesaid Section 4(3) of the Uttar Pradesh Ministers (Salaries, Allowances and Miscellaneous Provisions) Act, 1981 is ultra vires the Constitution… Read More Lok Prahari through its General Secretary Vs. State of Uttar Pradesh & Ors.[ALL SC 2018 MAY]
KEYWORDS:- RELIGIOUS CONVERSION-Scheduled Castes- AIR 1965 SC 1179 : (1965) 1 SCR 849 (SUPREME COURT OF INDIA) Punjabrao Appellant Versus DR. D. P. Meshram and others Respondent (Before : P. B. Gajendragadkar, C.J.I., K. N. Wanchoo, M. Hidayatullah, Raghubar Dayal And J. R. Mudholkar, JJ.) Civil Appeal No. 562 of 1964, Decided on : 26-10-1964.… Read More Punjabrao Vs DR. D. P. Meshram and others[ALL SC 1964 OCTOBER]
KEYWORDS:-Parliamentary Privilege-expulsion of the MLAs- JT 2010 (4) SC 350 : (2010) 4 SCALE 354 : (2010) 6 SCC 113 : (2010) 4 SCR 1105 (SUPREME COURT OF INDIA) Amarinder Singh Appellant Versus Special Committee, Punjab Vidhan Sabha and OTHERS Respondent (Before : K. G. Balakrishnan, C.J.,R. V. Raveendran,P. Sathasivam ,J. M. Panchal and R.… Read More Amarinder Singh Versus Special Committee, Punjab Vidhan Sabha and OTHERS[ ALL SC 2010 APRIL]
The Great Idea of life and liberty In Kartar Singh and Ors. V. State of Punjab (1994) 3 SCC 569, wherein Justice K.Ramaswamy, speaking for the Court, discussed the importance of life and liberty in the following words : “The foundation of Indian political and social democracy, as envisioned in the preamble of the Constitution,… Read More Protection of life and personal liberty under Article 21 of Indian Constitution
The Concept of Equality From a positivistic point of view, equality is antithetic to arbitrariness. In fact equality and arbitrariness are sworn enemies; one belongs to the rule of law in a republic while the other, to the whim and caprice of an absolute monarch. Where an act is arbitrary it is implicit in it… Read More Equality before Law under Article 14 of Indian Constitution
1. The expression “consultation with the Chief Justice of India” in Articles 217(1) and 222 (1) of the Constitution of India requires consultation with a plurality of Judges in the formation of the opinion of the Chief Justice of India. The sole, individual opinion of the Chief Justice of India does not constitute “consultation” within… Read More Meaning of “Consultation with the Chief Justice of India” in Articles 217(1) and 222 (1) of the Constitution of India
KEYWORDS:-POWER OF SPEAKER- DATE:- 18-02-1992 AIR 1993 SC 412 : (1992) 1 SCR 686 : (1992) 2 Suppl. SCC 651 : JT 1992 (1) SC 600 : (1992) 1 SCALE 338 (SUPREME COURT OF INDIA) Shri Kihota Hollohon Appellant Versus Mr. Zachilhu and others Respondent (Before: L. M. Sharma, M. N. Venkatachaliah, J. S. Verma,… Read More Shri Kihota Hollohon Vs Mr. Zachilhu and others[ALL SC 1992 FEBRUARY]
KEYWORDS:-ROLE OF CHIEF JUSTICE OF INDIA- DATE:-06-10-1993. AIR 1994 SC 268 : (1993) 2 Suppl. SCR 659 : (1993) 4 SCC 441 : JT 1993 (5) SC 479 : (1993) Suppl. SCALE 67 (SUPREME COURT OF INDIA) Supreme Court Advocates-on-Record Association and another Appellant Versus Union of India Respondent AND S. P. Gupta Appellant Versus… Read More Supreme Court Advocates-on-Record Association and another Vs Union of India[ALL SC 1993 OCTOBER]
KEYWORDS:- VALIDITY OF ADMINISTRATIVE TRIBUNAL-power of judicial review DATE:-18-03-1997 The Tribunals are competent to hear matters where the vires of statutory provisions are questioned. However, in discharging this duty, they cannot act as substitutes for the High Courts and the Supreme Court which have, under our constitutional setup, been specifically entrusted with such an obligation.… Read More L. Chandra Kumar Vs Union of India and others[ALL SC 1997 MARCH]
