Constitutional Law

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Right Against Self-Incrimination In Context Of Ever-Expanding Technology

Right Against Self-Incrimination In Context Of Ever-Expanding Technology

This article discusses case law on right against self- incrimination. It also assesses the constitutional validity of the manner in which the evidence was obtained especially with respect to latest technological developments. It also examines whether the adjudication in the context of article 20 (3) is done within the framework of practicability or in the …

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Doctrine of Basic Structure

The term Doctrine signifies a particular set of beliefs, principles or position – usually upheld by authorities like courts. The doctrines are the beliefs of courts and therefore it is not necessary to find mention of such doctrines in the legislative documents. Similarly, the Doctrine of Basic Structure has nowhere been defined nor explained in …

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The Constitutional Right of Protection Against Double Jeopardy

The Constitution of India, being one of its kind and as the most comprehensive constitution in the world, has been founded on the cardinal principles of democracy and the Rule of Law. Thereby, by encompassing the concept of free and fair trial, the Constitution has not only established that the supreme law of the nation …

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Emergency Provisions under Constitution of India

The Emergency provisions are enumerated in Part XVIII of the Constitution of India, from Articles 352 to 360. The situation of Emergency arises when the failure of the Constitutional machinery takes place in the state. During Emergency, the Central Government becomes the nucleus of power, and the state governments come under the full control of …

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Federalism in India

Introduction   Federalism has been derived from Latin word ‘Foedus’ which means ‘territories’ or ‘agreement’. According to Merriam Webster dictionary, Federalism refers to the distribution of power in an organization between a central authority and the constituent. According to Prof. Wheare, Federal principle is defined as the method of dividing powers so that the general …

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Law Of Preventive Detention

The term ‘preventive detention’ is in contradiction with the word ‘punitive detention’. In contrast, it can be said that ‘detention’ may be of two types – punitive and preventive detention. Preventive detention means detention of a person without trial and conviction by a court but merely on suspicion of hampering public order and security. Preventive …

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Kesavananda Bharati Vs. State of Kerala: Case analysis

Kesavananda Bharati v. State of Kerala case is a landmark verdict given by the 13-  judges bench of the Supreme Court. The verdict set the principles that the Supreme Court is the guardian of the Basic Structure of the Constitution.     Equivalent Citation- Writ Petition (Civil) 135 of 1970.   Background   In 1963 (amended again …

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Aruna Shanbaug v. Union of India : Case analysis

The Constitution of India ensures the ‘Right to Life’ to each one of its citizens. The perpetual, ever-evolving discourse about whether the ‘Right to Death’ can likewise be gained from this plan stays noticeable all around. Then again, by zeroing in addition to the educated agreement regarding patients to clinical practice, the idea of patient …

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