Polity

The scheduled areas are treated differently from the other areas in the country because they are inhabited by ‘aboriginals’ who are socially and economically rather backward, and special efforts need to be made to improve their condition. Therefore, the whole of the normal administrative machinery operating in a state is not extended to the scheduled … Read more

An important feature of the constitution is the Directive Principles of State Policy. Although the Directive Principles are asserted to be “fundamental in the governance of the country,” they are not legally enforceable. Instead, they are guidelines for creating a social order characterized by social, economic, and political justice, liberty, equality, and fraternity as enunciated … Read more

Act of parliament relating to following matters would not apply to Nagaland unless state assembly so decides:  Religious & social practices of Nagas  Nagas customary law & procedure  Administration of civil or criminal justice involving decisions according to Naga customary law  Ownership & transfer of land & its resources Special responsibility … Read more

Article 21 declares that no person shall be deprived of his life or personal liberty except according to procedure established by law. This right is available to both citizens and non-citizens. In the famous Gopalan case (1950), the Supreme Court has taken a narrow interpretation of the Article 21. It held that the protection under … Read more

  It will help to reduce the expenditure incurred in conducting elections.  Cost of holding simultaneous election as reckoned by  the election commission is way less than holding independently. Always in electioneering mode entails another costs. Our PM rightly said that how frequent elections and campaigns hurt the federal structure as leaders were “forced to … Read more

The benami (without a name) transaction refers to property purchased by a person in the name of some other person. The person on whose name the property has been purchased is called the benamdar and the property so purchased is called the benami property. The person who finances the deal is the real owner. Therefore, … Read more

This doctrine originated under the US constitution, like the theory of separation of power its objective is also to secure the liberty of the people and limit the authority of the government. Its inclusion in the constitution is an acknowledgement of the fact that it is not desirable to have a clear severance of the … Read more

The union government constituted a commission under the leadership of Justice Madan Mohan Punchchi, the former Chief Justice of the Supreme Court in 2007. Th e commission also had three more members and a Secretary and presented its report in 2010. It recommended that the governors of the states must have fixed tenure and they … Read more

Section 8 of RTI Act exempts certain items from being disclosed through an RTI. Section 22 only covers overriding of provisions of Official Secrets Act, 1923 that are inconsistent with those of RTI Act, the documents classified under OSA are not covered. Therefore, Official Secrets Act may cause hinderance. It is a loophole that has … Read more

The draft legislation is based on the 2010 report SudhaKaul Committee, and will replace the Persons with Disabilities Act, 1995.  The act was brought to comply with the UN Convention on Rights of Persons with Disabilities, to which India became a signatory in 2007. The 1995 Act recognised 7 disabilities – blindness, low vision, leprosy-cured, … Read more