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Showing posts with the label The Indian Constitution

Equality and Position of Women in India

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         Equality and Position of Women in India             Introduction   India is well known for its system of patriarchy from ancient times. Women were thought to be worshiped and respected but were never given equal rights as men. They were deprived of education, property and were forced to marry at a very early age. Female infanticide, Sati System, and Dowry Systems further degraded the position of women in India. In Present Time Equal Remuneration Act, 1976, The Sexual Harassment of Women at Workplace Act 2013,   Protection of Women from Domestic Violence Act, 2005, Indecent Representation of Women (Prohibition) Act, 1986, Hindu Marriage Act, 1955, Hindu Succession Act, 1956 and Hindu Minority and Guardianship Act, 1956 is the prominent legislation  that have contributed towards the enlistment  of women. The judiciary apart from the legislature has also been playing an active role in t...

CHANGING DIMENSION OF EQUALITY IN PRESENT TIMES

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CHANGING DIMENSION OF EQUALITY IN PRESENT TIMES Introduction The concept of equality is not static and is dependent upon different factors and circumstances. This dynamic concept of equality is further supported by the interference of legislature and judiciary in recognizing these changing dimensions and inculcating them in the legislature of our country. This incorporation is done by the law-making body of our country to ensure equal opportunity and status to each citizen promised by the Constitution of India.   The meaning of equality has slowly tried to eliminate arbitrariness in every aspect. It is not just understood in a particular aspect but is a mixture of all the aspects. Equality is not about treating everyone on a similar scale but treating a particular group of people on an equal footing. To understand and implement the concept of equality in society, the lawmaking body needs to understand and explore all the dimensions of equality. Equality can be attained from legal,...

Article 17 and Article 18

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 Article 17 and Article 18 Abolition of Untouchability (Article 17) Art. 17 of the Indian Constitution lays down the provision stating that untouchability in any form in India is forbidden and cannot be practiced by anyone. It also provides that any enforcement of disability arising due to untouchability shall be considered as an offence and shall be punishable by law. The Untouchability Offences Act, 1955 did not define the meaning of untouchability. Therefore, the court in the case of Devarajiah v. Padmanna observed that the term Untouchability is not used in grammatical sense but in the direction of practice preached in India. This observation was again made by the court in the case of Nepal Singh v. State of UttarPradesh .   This right of untouchability is provided to every individual against private individual and makes the duty of the State to ensure that such practices do not take place . To protect this right of an individual, the practice and preaching of Untouchabi...

RULE OF LAW

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  J ES URISPRUDENCE  PHILOSOPHIES (RULE OF LAW) J ES URISPRUDENCE  PHILOSOPHIES (RULE OF LAW) Introduction The idea of Rule of law isn't new to India. The roots can be followed back to the Upanishads Period. In advanced law also, the whole design of the Indian Constitution depends on the idea of law and order. The composers of the Constitution recognized the hypothesizes of law and order as propounded by Dicey and thought of it as a significant piece of vote based system. It was, thus, in the wellness and interest of construction that the establishing staffs of the Constitution gave it the due acknowledgment. The doctrine of Rule of Law as enunciated by Dicey has been adopted and strictly incorporated in the Constitution of India. The three major pillars of the Constitution that are justice, liberty and equality are enshrined in the Preamble itself. The Constitution of India is the supreme law of the land and other laws are required to be in conformity with the basic prin...

Evolution of Constitution under Article 14 to 18

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 Evolution of Constitution under Article 14 to 18 INTRODUCTION The idea of equality referenced under Article 14 to Article 18 upgrades a more extensive idea and a more extensive part of the examination as the subject of equity itself shapes a vital and powerful idea in itself. The idea of fairness overwhelms the exceptionally two significant ideas of equivalent security of law and equity under the steady gaze of the law. Likewise, the idea of uniformity wins in a wide range of establishments and accommodates equivalent freedoms for people with the abrogation of unapproachable and nullification of titles. The idea is a more extensive methodology as it is significant for society to look to each individual with a similar methodology regardless of his sexual orientation, rank, and religion. The law is visually impaired and is equivalent for each individual as it says that balance wins for each individual and each individual has the option to be secured by the law. Evolution  The f...

Equality Before Law

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                            Equality Before Law                                                   Introduction The rule of law was firstly introduced by A.V. Dicey in  his book "The Constitution Of England" in which there is rule which only prevails is law in which all are equal. In simple word if any wrong is being done which is not justifiable  by law committed by anyone that may be president, prime minister, or any individual are punishable because there is supremacy of law. Supremacy of law means the government which is power or the people who elected the government all will be treated equally before law.  Article 14 The Indian Constitution 1949, Article 14 guarantees "Equality before law The State shall not deny to any person equality before the law or the...