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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 Sabarimala Case: A Summary

Case Details Case Name:   Indian Young Lawyers Association & Ors. vs. The State of Kerala & Ors. Citation:   Writ Petition (Civil) No. 373 of 2006 Parties Involved: Petitioner –  Indian Young Lawyers Association Respondent –  Travancore Devaswom Board Pandalam Royal Family Chief Thanthri Bench: Justice Deepak Mishra Justice A.N. Khanwilkar Justice Rohintan Nariman Justice Indu Malhotra Justice D.Y. Chandrachud Introduction The Sabarimala Temple, dedicated to Lord Ayyappa, is an ancient temple located atop one of the 18 Sannidhanam mountains that make up the Western Ghats. It is situated in Kerala's Pathanamthitta district. The common belief is that Lord Ayyappa's asceticism, specifically his celibacy, is what gives him his powers. The pilgrims adopt the habit of celibacy both before and while on the journey. People who pray to Lord Ayyappa and profess faith in him are expected to adhere strictly to a set of rules called a "Vratham" for 41 days. According to t...

The National Anthem Case: A Summary

Introduction The Constitution of India consists of Fundamental Rights related to religion which are guaranteed to every person. India is a culturally diverse nation which is why it is important to have laws that protect the rights of all religions. The fundamental right to practice any religion is granted under Articles 25 to 28 of the Constitution of India. One of the cases that throws light on the Right to Freedom of Religion is Bijoe Emmanuel And Ors. v. State of Kerala and Ors., 1985 (1987 AIR 748) , also popularly known as  "The National Anthem Case" .   The Petitioners had filed the suit against the Respondent, a school, for the breach of their fundamental right to practice religion. A writ petition was first filed in the High Court of Kerala, seeking an order to restrain the authorities from preventing them to attend the school. The petition was rejected by the single-judge bench and later by the division bench of the Kerala High Court. Following this, the children...