The Indian Constitution and International Law

By Gaurav Redhal Law has been at the centre of all human activities since the inception of mankind. The organization of legal framework may have been varied as per the existing norms and precedents of that society but the underlying principle has always been to regulate the human conduct. Law being an inter-subjective study, it … Continue reading The Indian Constitution and International Law

Constitutional Obligation of Citizens & Welfare State amid Corona Outbreak: Legal Analysis

By Deepika Sangwan and Gunsimran Sethi The entire globe is walking through unchartered territory while containing the Covid19 pandemic but for a country like India with high population density, limited resources and illiteracy, the fight against the virus is certainly going to be more challenging and demanding. The country is going through the testing times … Continue reading Constitutional Obligation of Citizens & Welfare State amid Corona Outbreak: Legal Analysis

Due process of law or Procedure established by law?

Picture Credits: ClearIAS Article 21 of the Indian Constitution states that “No person shall be deprived of his life or personal liberty except according to procedure established by law”. The words "procedure established by law" are of utmost importance, based on which someone's right to life and liberty can be taken away. On the outset, … Continue reading Due process of law or Procedure established by law?

Bypassing of Anti-Defection law: Recent Scenario

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

Constitution and Constitutionalism

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.