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Doctrine Under Constitution of India

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  What are Doctrines? Judicial doctrines form a significant part of the Indian constitution, which is usually considered a part of the Indian judiciary. A doctrine simply means a principle, belief, or position often held by authorities like courts, or it can be a rule, a theory or a tenet of law. There are several judicial doctrines applied under the Indian Constitution that law students find difficult to remember. So, let's wrap up every important doctrine in this article.  Doctrine of Basic structure The Doctrine of Basic Structure is not explicitly mentioned in the Constitution of India. Rather, it is a judicial innovation that was established by the  Supreme Court  in the landmark case  Kesavananda Bharati v. State of Kerala (1973) .     Read more Doctrine of Severability  The Doctrine of Severability, also known as the Doctrine of Separability, safeguards citizens' fundamental rights by ensuring that an invalid or unconstitutional p...

Anti-Defection Law (ADL)

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  Anti-Defection Law (ADL) What is Defection? Defection, in political terms, refers to a situation where a member of a legislative body, such as a parliament or state assembly, switches allegiance from the political party under which they were elected to another party. This often occurs for personal gains, such as promises of power or other benefits. Defection can harm the trust the electorate has in its representatives and destabilize governments, affecting the overall governance process. What is the Anti-Defection Law (ADL)? The Anti-Defection Law (ADL) in India is a legislative framework aimed at preventing political defection among members of the legislature, thereby ensuring political stability and party discipline. Its primary purpose is to deter MPs and MLAs from switching parties or defying party directives, with the threat of disqualification. Constitutional Provisions of the Anti-Defection Law (ADL) The Anti-Defection Law in India was introduced via the 52nd Amendment Act...

Rule of Law

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    Rule of Law One of the fundamental principles of the English Constitution is the concept of the   Rule of Law , which is also a key feature in the constitutions of other nations, including the United States of America and India. This article delves into the meaning, origins, relationship with the Indian Constitution, and exceptions to the Rule of Law, providing a comprehensive understanding of the concept for polity and governance segment. One of the fundamental principles of the English Constitution is the concept of the  Rule of Law , which is also a key feature in the constitutions of other nations, including the United States of America and India. This article delves into the meaning, origins, relationship with the Indian Constitution, and exceptions to the Rule of Law, providing a comprehensive understanding of the concept for polity and governance segment. Origin of the Rule of Law The  Rule of Law  is primarily attributed to Chief Justice Edward ...

Emergency and Related Concepts

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  Emergency Provisions in the Indian Constitution Emergency Provisions in the Indian Constitution are essential components that grant the central government the power to handle critical situations effectively. These provisions address threats to national security, financial stability, and the constitutional order, and allow the government to respond to crises in specific parts or the entire country.  Meaning  In political systems, “Emergency Provisions” refer to legal measures within a country's constitution that empower the government to act decisively during extraordinary situations such as war, rebellion, or crises threatening national stability, security, or sovereignty. These provisions typically grant the executive temporary powers to bypass regular legislative processes, restrict certain rights and freedoms, and implement policies outside its usual authority to address emergencies. Thus, such provisions often involve temporary deviations from standard constitutiona...

Parliamentary Privileges'

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  Parliamentary Privileges' Meaning  Parliamentary privileges refer to the special rights, immunities, and exemptions enjoyed by the two Houses of Parliament, their committees, their members, and those persons who are entitled to speak and take part in the proceedings of a House of Parliament or any of its committees. Entitlement  The Indian Constitution has extended parliamentary privileges to the two Houses as a whole, all the Members of Parliament, all the committees of Parliament, all the Union Ministers, and the Attorney General of India, Note : The parliamentary privileges are not extended to the President, although he/she is an integral part of the Parliament. Need of it ?? These privileges are aimed to ensure that the legislative system of the country functions smoothly and effectively, without any undue interference or intimidation. Their needs can be seen as follows: To secure independence and effectiveness of the actions of persons/bodies associated with t...