By Gunsimran Kaur The Anti-Defection Law of 1985 has failed to serve it's purpose as members of certain political parties have found ways to bypass this legislation brought about to curb the same. The political corridors of Kartnatka were recently embroiled in a situation where the Congress-JD(S) coalition government was brought down due to resignation … Continue reading Bypassing of Anti-Defection law: Recent Scenario
The CRCLP in its second session on August 23, 2019 discussed the Anti-Defection Law with the students. The session saw three speakers namely Ananya Sharma, Deepika Sangwan and Gunsimran Kaur elaborately explaining every facet of the law including a brief speech by Prabhat Kumar on the aspect of Party Whips. Ananya Sharma opened the session … Continue reading Session 2 Anti-Defection Law- A Panacea or not?
By Mayank and Preyoshi This case-by-case analysis is done in order to determine how the law regarding 'What can be amended?' has been evolved. This article shall presue the following landmark judgements, namely, Shankari Prasad v. Union of India, L. C. Golak Nath V. State of Punjab, Kesavananda Bharti v. State of Kerala, Indira Nehru … Continue reading Law Redefined: Parliamentary Supremacy vis-à-vis the Amending Power
By Preyoshi Bhattacharjee & Mayank Sharma The CRCLP took off with its first Friday discussion on 16 th Aug, 2019 on the burning issue of Article 370. The discussion focused on analysing the recent abrogation of Article 370 in the light of constitutionalism. A total of 4 speakers from 4th and 5th year discussed various … Continue reading Session 1: Art 370 vis-a-vis Constitutionalism
By Ananya Sharma The Right to Information (Amendment) Bill, 2019 has served just one purpose, and that is to weaken the existing (sort of) robust law. Someone once said, you never bite that hand that feeds you. Some might assume that it was with this intention that Section 13, 16 and 27 of the RTI … Continue reading The Right to Information (Amendment) Bill, 2019. Did you say ‘Right’?
CONSTITUTION is the fundamental law of a country which provides a framework of the system of governance in the said country. CONSTITUTIONALISM is a political philosophy often termed as anti-thesis of arbitrariness. It believes in the limited government. Constitution is one of the sources of constitutionalism and cannot be treated as its synonym. That's why, presence of constitution does not guarantee constitutionalism per se. World has seen the dilemma of CONSTITUTION WITHOUT CONSTITUTIONALISM multiple times. Germany during Nazi era , Africa in the reign of Apartheid (1948-1994), present day North Korea are glaring examples of CONSTITUTION WITHOUT CONSTITUTIONALISM.