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Showing posts with the label 2019

Article 370 of the Indian Constitution: A Journey of Special Status and Contemporary Implications

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 Article 370 of the Indian Constitution: A Journey of Special Status and Contemporary Implications Article 370, a significant provision within the Indian Constitution, granted a special status to the region of Jammu and Kashmir (J&K). This article, often hailed as a unique and contentious constitutional provision, has undergone significant changes, leading to transformative implications, especially in the modern era. Historical Context and Special Provisions Enacted as a temporary and transitional provision, Article 370 conferred autonomy to the state of Jammu and Kashmir within the Indian Union. This provision granted the state a certain degree of autonomy in framing its own laws, with limited jurisdiction for the Indian Parliament in legislative matters. Landmark Case of Sampat Prakash v. State of Jammu and Kashmir (1970) In the case of Sampat Prakash v. State of Jammu and Kashmir (1970) , the Supreme Court upheld the special status of J&K under Article 370, acknowledging...

A Comparative Analysis of Triple Talaq in Modern India: A Case Law Discussion

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A Comparative Analysis of Triple Talaq in Modern India: A Case Law Discussion Introduction: Triple Talaq, also known as "talaq-e-biddat," is a form of divorce practiced in some Muslim communities in India. It allows a Muslim man to legally divorce his wife by pronouncing the word "talaq" three times in one sitting. This controversial practice has been the subject of much debate and legal scrutiny in modern India. In this case law discussion, we will examine the historical context of Triple Talaq, its legal implications, and compare it to the current status of divorce laws in modern India. Historical Background: Triple Talaq traces its roots to the Islamic tradition and has been practiced for centuries. It has been justified by some scholars as a valid form of divorce under Islamic law. However, critics argue that it is discriminatory and infringes upon the rights of Muslim women. Legal Implications: 1. The case of Shayara Bano v. Union of India (2017) : This landmar...

Article 15- Prohibition of discrimination on grounds of religion, race, caste, sex, or place of birth.

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  Prohibition of discrimination on grounds of religion, race, caste, sex, or place of birth (Art. 15) Art.15 lays down the provision in regards to the prohibition of discrimination on grounds of religion, race, caste, sex or place or birth. Art. 15 (1) of the Indian Constitution expresses that any resident of the nation will not be separated on the grounds of religion, race, rank, sex, place of birth or any of them. In contrast to, workmanship. 14, this right is simply accessible to the residents of India. Craftsmanship. 15 (1) is considered as an expansion of workmanship. Article 14 as it broadens the overall standard of balance referenced under article 14. However, the judiciary at various instances has entertained various grounds upon which the state can or cannot discriminate any citizen of the nation. The courts have observed that any classification by the state on the grounds of residence does not cause discrimination against any citizen under art.15 of the Indian Constitut...