Freedom of Trade, Business and Profession: In-Depth Analysis

Introduction Democracy is enshrined in the famous motto- “of the people, by the people and for the people” and this motto of democracy is upheld with strong and effective establishment of fundamental rights by the state. The Indian Constitution is backed with six major fundamental rights and out of which Freedom to Carry Trade, Occupation, Business and Profession is one. This right is guaranteed by … Continue reading Freedom of Trade, Business and Profession: In-Depth Analysis

Article 368: Analysis of the Power to amend Constitution of India.

Introduction “It is the right and privilege of the highest Court of the land to interpret the Constitutional law, however, at the same time; it is also the duty of the Parliament to see that objects aimed at in the Constitution are fulfilled or not by the judgement based on such interpretation. If the object is not achieved because judgement comes in the way, it … Continue reading Article 368: Analysis of the Power to amend Constitution of India.

Constitutional Analysis of Pardoning Power in India

Introduction A pardon is an act of grace. It cannot be demanded as a matter of right. A pardon removes the punishment and places the offender in the same position as if he had never committed the offence. The President’s power to pardon deals with providing justice which is essentially a function of the judiciary. The reasons for this interference of the executive in the … Continue reading Constitutional Analysis of Pardoning Power in India

Dual Citizenship in India and the United States of America: A COMPARATIVE CONSTITUTIONAL ANALYSIS

Introduction Citizenship laws are some of the most important provisions in a countries’ legal framework, as they establish a base link for every person to be held accountable by law. Citizenship can be said to have three main components: legal status, political agency, and being a member of the political community[1]. The combination of these three ensure that one who can be classified as a … Continue reading Dual Citizenship in India and the United States of America: A COMPARATIVE CONSTITUTIONAL ANALYSIS

Constitutional Morality in India

The mention of Constitutional Morality in judgements has become the new norm in the constitutional courts of our country. Recently,  the Supreme Court in the case of Navtej Singh Johar Vs Union of India (2018), popularly known as the LGBT Judgement, has observed that  “even if there is disapproval by the majority of the sexual orientation or exercise of choice by the LGBT persons, the … Continue reading Constitutional Morality in India