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Showing posts with the label S.R. Bommai v. Union of India (1994)

Understanding President's Rule: Constitutional Machinery, Legal Precedents, and the Sandeshkhali Incident

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Understanding President's Rule: Constitutional Machinery, Legal Precedents, and the Sandeshkhali Incident President's Rule, also known as Governor's Rule, refers to the temporary suspension of the state government and the imposition of direct central government rule in a state of India. This extraordinary measure is invoked under specific circumstances when the constitutional machinery in a state breaks down or is unable to function effectively. Let's explore the conditions under which President's Rule can be implemented, the constitutional provisions governing it, historical instances, and its relevance in contemporary Indian politics. Conditions for Implementation: President's Rule can be imposed in a state under the following circumstances: 1. Failure of Constitutional Machinery: When the state government is unable to function as per the provisions of the Constitution, either due to political instability, internal unrest, or any other reason. 2. Inability to ...

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 25 of the Indian Constitution: Illuminating the Modern Era through Discourse and Case Laws

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Article 25 of the Indian Constitution: Illuminating the Modern Era through Discourse and Case Laws Introduction: Article 25 of the Indian Constitution guarantees every citizen the right to freedom of religion. As a fundamental right, it plays a pivotal role in shaping the secular fabric of the nation. Over the years, Article 25 has been subject to interpretation and scrutiny, leading to a rich tapestry of case laws that shed light on its significance in the context of the modern era. In this article, we will delve into the discussions surrounding Article 25, exploring its nuances, the relevant case laws, and its implications in today's diverse society. Understanding Article 25: Article 25 encompasses several dimensions, including the freedom to profess, practice, and propagate religion. It grants individuals the autonomy to follow and express their religious beliefs, subject to reasonable restrictions in the interest of public order, morality, and health. However, the interpretatio...