Tag: constitution

President: A Titular Head?

By Abhishek Kumar, CNLU INTRODUCTION The Preamble of our Constitution clearly articulates India as a republic. Being a republic there is no hereditary monarch but the President, as the head of the State. The President is not directly elected but indirectly. The election is carried out by an electoral college, […]

Concept Of Village Panchayat: Constitutional Analysis

By Nidhi Kumari, CNLU CONCEPT OF VILLAGE PANCHAYAT It is the oldest system of local government in the Indian subcontinent. The word “panchayat” literally means “assembly” (ayat) of five (panch) wise and respected elders chosen and accepted by the local community.[i] Traditionally, these assemblies settled disputes between individuals and villages.British established local self-government […]

Executive Power of the Union and the State

By Sahil Arora, JGLS Editor’s Note: There exist three pillars of democracy, namely the legislature, the executive and the judiciary. These bodies have well defined functions under the Indian Constitution and cannot overlap into each other’s areas.  These three pillars are further divided into Union and States and function according to […]

Advisory Jurisdiction (Article 143)

By Raghavendra Pratap Singh, National University of Advanced Legal Studies, Kochi Editor’s Note: Article 143 of the Constitution confers Advisory Jurisdiction to the Supreme Court of India. This provision finds its origin in Section 213 of the Government of India Act, 1935, which conferred upon the Governor-General the discretion to […]

Working Through A Democratic Constitution: The Indian Experience

Democracy is a form of government in which all eligible citizens directly or indirectly participate in the law making. It first appeared in Greek thoughts as ‘demokratia’ which means – rule of the people. In the South Indian kingdom of Cholas in Tamil Nadu, an electoral system existed around one thousand years ago. In the modern era, democracy survives on morality and legality. The Constitution provides stability and growth without the destruction of human values. However, to keep pace with the changing times, the Constitution must be amended as well, but in a way that its basic structure and essential features remain intact.

Judicial Review: Direct Result or Reflexive Constitutionalism

By Debkanya Naskar, NUJS  Introduction The way we conceive the role of the government today has undergone a significant change with time. One of the reasons behind this change is the modification of the interpretation of “Constitutionalism”.  It is this interpretation that has formed the base for some of the […]

Bangalore Water Supply Case: Sovereign Functions

By Debkanya Naskar, NUJS Editor’s Note: The author, in this project, seeks to answer the following question. Does Bangalore Water-Supply & Sewerage Board, Etc. v. R. Rajappa & Others, 1978 SCC (2) 213 give us manageable standards for the application of the Doctrine of Sovereign Function? 1. INTRODUCTION The Bangalore case bench[i] […]

Other Authorities under Article 12 of Constitution

By Dipti Khatri, UPES Dehradun Editor’s Note: Whilst enacting the Fundamental Rights in Part-III of our Constitution, the founding fathers showed that they had the will, and were ready to adopt the means to confer legally enforceable fundamental rights. The question that was required to be answered is as to against […]

Judicial Activism and Constitutional Challenges in India

By Prachi Agrawal, CNLU Patna Editor’s Note– Judicial Activism is not a result of general development of judicial procedure. It is an essential aspect of the dynamics, derivatives and independent findings of the courts. It is a specific judicial interest about the issues. Judicial Activism does not mean governance by […]