Ambedkar invoked the phrase ‘constitutional morality’ during the Constitutional Assembly Debates to express his doubts regarding the legislature. His concerns were hinged upon a moment of transition, wherein India was still recuperating from partition and the colonial ideas of subordination. Years after his invocation, the Supreme Court in 2014 once again mentioned the principle of constitutional morality. Since then, the principle has only developed as the innate voice of the constitution, one that is different from popular or social morality. Nishant Mishra details the history and significance of constitutional morality, highlighting some concerns regarding the irregularity in its implementation.
Article 13 reserve and preserve the fundamental rights of the citizen, protecting from laws that may otherwise infringe upon our freedom. Article 13 requires that all amendments and laws passed by the Parliament are tested based on their validity under the Indian Constitution. Highlighting the transformative character of the Constitution, Anamika Mishra decodes Article 13, peeling it Clause by Clause. The underlying theme of the article also reflects on judicial review and its effect on interpreting Article 13.
It’s only ironic that the Bhartiya Janata Party (BJP) had first sought increased autonomy and Statehood for Delhi in the year 1980, 1998 and 2003. In an unforeseen U-turn, with BJP at the Centre, Delhi’s autonomy is further discarded. Gunjan details the new Amendment passed by the Lok sabha as the NCT of Delhi (Amendment) Act 2021 and its repercussions.
Academike and Lawctopus bring to you a special series on seven women who were part of the constituent Assembly. Begum Aizaz Rasul was amongst the fifteen women who continue to inhabit the world through their speeches in the Constituent Assembly Debate Archives. Article researched by Divya Dwivedi. Written and edited by Sonali Chugh and Umang Poddar
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