Concept of State and Sovereignty

Concept of State and Sovereignty The State is a social contract, a guarantee of social order in exchange for which the citizens agree to reduce their freedom.According to Carré de Malberg, one of France’s leading constitutional scholars, « the state is a community of men attached to a territory with an organization, from which results … Read more

Rise of Nationalism

ORIGIN OF NATIONALISM The rise of Nationalism is reflected in the spirit of Renaissance in Europe when freedom from religious restrictions led to the enhancement of national identity. This expression of Nationalism was furthered by the French Revolution. The political changes resulted in the passing of sovereignty from the hands of an absolute monarch to … Read more

Fundamental Rights and Duties

The Indian constitution originally provided 7 categories of fundamental rights. But one fundamental right, that to property was removed from the list of fundamental rights by 44th amendment. Right to property now is an ordinary legal right. Thus there are now 6 categories of fundamental rights. These are:  (1) Right to equality (Arts. 14-18). In … Read more

Centre-State Relationship:Administrative, Legislative and Financial

The Indian constitution provides for a federal framework with powers (legislative ,executive and financial) divided between the center and the states. However, there is no division of judicial power as the constitution has established an integrated judicial system to enforce both the central laws as well as state law. The Indian federation is not the … Read more

Preamble and its significance

The Constitution of India begins with a Preamble which describes the nature of the Indian State and the objectives it is committed to secure. K.M. Munshi describes the Preamble as the political horoscope of the constitution. Thakur Dass Bhargawa says Preamble is the most precious part and the soul of the constitution. The Preamble reads: … Read more

Relation of East India Company with States

Paramountcy of the British Crown over the Princely States in India did not conform to any of the constitutionally recognized models of relationship between two powers, one dominant (British) and the other dominated (Princely States). It is pertinent to mention that Paramountcy was not an international relationship. However, Henry Maine did claim for the States … Read more

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