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Showing posts with the label Kesavananda Bharati v. State of Kerala (1973)

Legislative Powers and Emergency Provisions: Analysing Articles 245 to 255 in Contemporary Indian Governance

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Legislative Powers and Emergency Provisions: Analysing Articles 245 to 255 in Contemporary Indian Governance Articles 245 to 255: Legislative Relations and Emergency Provisions in the Indian Constitution Articles 245 to 255 of the Indian Constitution encompass legislative relations between the Union and States, distribution of legislative powers, emergency provisions, and related aspects crucial for governance in India. Constitutional Provisions: - Article 245: Deals with the extent of legislative powers between the Union and States and the supremacy of the Parliament.    - Article 246: Delineates the distribution of legislative powers between the Union and States, specifying the subjects falling under their respective jurisdictions.    - Article 249: Allows Parliament to legislate on a subject enumerated in the State List if it's in the national interest or during a Rajya Sabha resolution. Case Laws and Precedents: S.R. Bommai v. Union of India (1994): In this l...

Article 31 of the Indian Constitution: The Evolution of Right to Property in the Modern Era

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Article 31 of the Indian Constitution: The Evolution of Right to Property in the Modern Era Introduction Article 31 of the Indian Constitution, which deals with the right to property, has undergone significant changes over the years. Initially, it provided strong protection to property rights, but subsequent amendments have altered its scope and impact. In this article, we will delve into the historical context, relevant case laws, and the current status of Article 31 in the modern era. Historical Context of Article 31 Article 31 was part of the original Constitution and aimed to strike a balance between individual property rights and the state's power to acquire property for public welfare. The original provision provided substantial protection to property owners, making it difficult for the government to acquire land. However, this approach faced criticism for impeding development and social welfare initiatives. Evolution through Constitutional Amendments 1. The Fourth Amendment ...