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Showing posts from April, 2023

Fundamental Rights in India v. American Bill of Rights

Introduction The Framers of the Indian Constitution took as long as 2 years, 11 months and 18 days to draft the longest Written Constitution in the world. Resulting from several deliberations amongst numerous members of the Constituent Assembly, the final draft of the Constitution of India, 1950 was enacted on the 26th of January, 1949. The original Constitution consisted of 395 articles in 22 parts and 8 schedules. It was ultimately an amalgamation of the best features adopted from various constitutions across the globe. However, these features were delicately moderated to meet the needs and aspirations of Independent India. The most important feature of the Indian Constitution, from the perspective of her citizens, is Part III which deals with Fundamental Rights. This Part discusses the relationship of justice and fairness between the State and the citizens. It enhances the rights that all citizens, and in some cases non-citizens, are guaranteed protection against the State's ar...

The Golden Rule of Interpretation - Analysis through Case Laws

Introduction Stories often have several interpretations including the ones which the author makes while writing the story and the ones which the readers make through their perception. Similarly, the laws which are formulated in the legal system can also be interpreted in different ways depending on the case involved and the issue which needs to be solved. In the case of law, even if both interpretations are reasonable, it is important to consider which one aids in solving the issue at hand more efficiently and in delivering justice to the parties involved. Even in stories, initially, there are several interpretations but towards the end of the story, every person limits himself to one interpretation and has reasons for the same. The same logic is applied even while solving cases in a court of law. This article gives a brief of the four rules of interpretation and analyses the cases resolved through the golden rule of interpretation, in detail.   Interpretation of Statutes- ...

Fundamental Duties: Enforceability in India

Introduction The Indian Constitution includes the fundamental duties of all citizens in Part IV-A. The Swaran Singh Committee, established in 1976 to assess the importance of fundamental duties in the Constitution, recommended the first 10 fundamental duties. The 11th was later added by the 86th Amendment. Although the Committee suggested that these provisions be justiciable in the Court of Law, the Government rejected this recommendation. As a result, the Fundamental Duties are non-justiciable today.  However, it can be noticed that over time, with several legislations passed by the various Governments, most of the fundamental duties have been made indirectly enforceable. This raises the question of whether Part IV-A of the Indian Constitution should still remain non-justiciable or rather be repealed from the Constitution. To understand this, it is important to understand the developments in the legal industry since independence. The Justice Verma Committee on Fundamental Duties T...