Judicial Review And The Indian Courts

Judicial Review And The Indian Courts
Political Science
Essay
Monsoon Semester 2014
Submitted by–
Pradyumna Soni
214048
JUDICIAL REVIEW AND THE INDIAN COURTS
Introduction
Judicial Review is basically an aspect of judicial power of the state which is exercised by the courts to determine the validity of a rule of law or an
action of any agency of the state. The courts have the power of testing the validity of legislative as well as other governmental action with reference to
the provisions of the constitution. The judiciary tries to undo the harm that is being done by the legislature and executive and they also try to provide
every citizen what has been guaranteed by the constitution. Judicial review has a more technical significance in public law, ... Show more content on
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Judicial Review in India
The constitution of India, in this respect, is more similar to the U.S. Constitution than the British. Under the constitution of India parliament is not
supreme. Its powers are limited in the two ways. First, there is the division of powers between the union and the states. Parliament is allowed to pass
laws only with respect to those subjects which are guaranteed to the citizens against every form of legislative encroachment. The power of judicial
review of legislation is given to the judiciary both by the political theory and text of the constitution. There are several specific provisions in the Indian
constitution, judicial review of legislation such as Act 13, 32, 131–136, 143, 226, 145, 246, 251, 254 and 372.
Judicial review is a great weapon given to the judges. It includes the power of a court to hold illegal and unenforceable any law or order based upon
such law or some other activity by an open power which is conflicting or in clash with the fundamental law that must be adhered to. Truth be told, the
investigation of constitutional law may be depicted as an investigation of the precept of judicial review in action. The courts have force to strike down
any law, on the off chance that they trust it to be unconstitutional. In the case I.R. Coelho v. State of Tamil Nadu the court laid down a

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Article 370
ARTICLE 370: LAWS AND POLITICS
While the Constitution recognises in Article 370 the special status of Jammu and Kashmir, the Central Government's policies since 1953 have totally
undermined its autonomy. Senior lawyer and political analyst A.G. NOORANI discusses both aspects and suggests a way out of the mess. "I say with
all respect to our Constitution that it just does not matter what your Constitution says; if the people of Kashmir do not want it, it will not go there.
Because what is the alternative? The alternative is compulsion and coercion..."
"We have fought the good fight about Kashmir on the field of battle... (and) ...in many a chancellery of the world and in the United Nations, but, above
all, we have fought this fight in ... Show more content on Helpwriting.net ...
The order of 1986 purported to apply to the State Article 249, which empowers Parliament to legislate even on a matter in the State List if a Rajya
Sabha resolution so authorises it by a two–thirds vote. But it so amended Article 249 in its application to Kashmir as in effect to apply Article 248
instead – "any matter specified in the resolution, being a matter which is not enumerated in the Union List or in the Concurrent List."
The Union thus acquired the power to legislate not only on all matters in the State List, but others not mentioned in the Union List or the Concurrent
List – the residuary power. In relation to other States, an amendment to the Constitution would require a two–thirds vote by both Houses of Parliament
plus ratification by the States (Article 368). For Kashmir, executive orders have sufficed since 1953 and can continue till Doomsday. "Nowhere else,
as far as I can see, is there any provision author ising the executive government to make amendments in the Constitution," President Rajendra Prasad
pointed out to Prime Minister Nehru on September 6, 1952. Nowhere else, in the world, indeed. Is this the state of things we wish to perpetuate?
Uniquely Ka shmir negotiated the terms of its membership of the Union for five months. Article 370 was adopted by the Constituent Assembly as a
result of those parleys.
YET, all hell broke loose when

Rule of law in India
Rule of law in India When the rule of law disappears, we are ruled by the whims of men – Tiffany Madison Introduction What does rule of law mean?
In laymen terms, law should rule, people should obey the law. The earliest form of this type of governance could be traced back to 1750 BC. The
Hammurabi code, popularly known as an 'eye for an eye', off course it was the most primitive form of law which was used to obtain justice. In a
democratic nation especially India, our constitution is the supreme law. Although the term rule of law is not used in our constitution anywhere, it is
accepted that India is a country which is governed by rule of law. However it finds its place in the constitution as an underlying principle1 and hence
this... Show more content on Helpwriting.net ...
This allows the judiciary to be incorruptible, which in my opinion is important for judiciary to uphold the laws. The remedy to approach the Supreme
Court in case of infringement of fundamental right under article 32, itself is a fundamental right. The judiciary over the years has strengthened this
powers by 1) by declaring judicial review as a basic feature of the constitution and making it non–amendable by the parliament.2) Introducing the
concept of Public interest litigation which enables the masses to reach justice. 3) It also has the power to look into the constitutional amendments.
The above mentioned aspects of the judiciary are effective in upholding the law. Independent judiciary armed with such powers is important for
sustaining rule of law. In reality, there are certain aspects of our judiciary which interferes with sustainability of rule of law. The judiciary is a
separate body and their accountability is limited, the judges might start to act above the law and there are not many effective checks on the
judiciary. The idea of establishing National Judicial Council to check the activities of the judiciary has been discussed for a long time but no
progress has been made yet.4 Apart from the above loopholes, the biggest problem of the Indian courts I feel is the delay in the judgments. Many
cases go on for decades, the popular example being the royal family case in Bengal which has been going for 175 years now.5 The delay of

Right to Equality vis-a-vis Reservation System in India Essay
Right to Equality in
India
Vis–Г –Vis
Reservation in favor of
Backward Classes
Nisshtha Ghai
BBA–LLB
Present Day Scenario
Original Story:
The Ant works hard in the withering heat all summer building its house & laying up supplies for the winter. The Grasshopper thinks the Ant is a fool
& laughs dances plays the summer away.
Come winter, the Ant is warm & well fed. The Grasshopper has no food or shelter so he dies out in the cold.
Indian Version:
The Ant works hard in the withering heat all summer building its house & laying up supplies for the winter. The Grasshopper thinks the Ant's a fool &
laughs dances plays the summer away.
NDTV, BBC, CNN show up to provide pictures of the shivering Grasshopper next to a video of... Show more content on Helpwriting.net ...
Thus, the legislature may (i) exempt certain classes of property from taxation at all, such as charities, libraries etc. (ii) impose different specific taxes
upon different trades and profession.1 History of Reservation System
The drafters of the Indian constitution visualized that a major chunk of population, because of living in remote areas, might remain devoid of benefits
that would be available to other citizens of free India. To neutralize this handicap they introduced reservations in education and
1
Yusuf V. State of Bombay, AIR.1954 S.C.321
employment. In their opinion, this approach was easier than extending the reach of the facilities to remote locations. And they believed that in due

course of time the backward classes would be propped up to a level that equals the others.
Some strange reawakening prompted the Janta Party government under Bharat Ratna Morarji
Desai to enlarge the span of reservations. Mandal commission was established in India in 1979 with a mandate to identify the socially or educationally
backward, based on additional parameters. The commission brought in 11 socio–economic and educational indicators to determine backwardness and
introduced the term 'Other Backward Classes (OBC)', as a yet another class distinction in the country. The commission's report of 1980 recommended
that for accommodating the

Essay on the Constitution of India
The constitution defines our national goals of democracy, socialism and secularism, guarantees equality, liberty, justice, etc., to the citizens. It confers
on us our fundamental rights and duties and also contains the directive principles for the government. It tells us about the intensions of our great
leaders who drafted and gave us our Constitution.
The farming of our constitution
Indians had been demanding complete independence since 1929. Eventually, in 1945, Mr. Clement Atlee, who was sympathetic towards the Indians,
became the Prime Minister of England. He sent the Cabinet Mission to India to solve the political problem (whether to divide the country or to leave it
united) and to devise means of granting her independence. It ... Show more content on Helpwriting.net ...
It abolishes untouchability. It states that all citizens can use public employment.
All titles such as 'Sir', Rai Bahadur, Khan Bahadur, have been abolished by the Constitution to remove class distinctions and maintain equality. Article
18 prohibits the state from conferring such titles. It can only confer military or academic awards. No citizen of India is permitted to accept any title
even from any foreign state, especially if he is employed in a government job, without the permission and consent of the President of India.
Right to Freedom:
In a democratic country like ours, safeguarding the freedom of an individual is very essential. Six freedoms have been granted to the citizens both
individually and collectively. They are:
a. Freedom of speech and expression;
b. Freedom to assemble peacefully without arms;
c. Freedom to form associations or unions;
d. Freedom to move freely throughout the territory of India;
e. Freedom to reside and settle in any part of the country; and
f. Freedom to practice any profession or to carry on any occupation, trade or business.
But there are certain restrictions or limitations on these freedoms. For instance, the right to freedom of speech does not mean that we can say anything
to anyone. Our freedom to speech does not entitle us to make statements that are not in the interest of the security of the nation or sours ours relations
with other countries.
Similarly, the right to freedom of movement is also subject

India Is A Quasi Federal With Strong Favoritism Towards...
India is a Quasi federal with strong partiality towards Centre.
A unitary state is a state governed by a single power that is the central government and other administrative divisions follow the powers delegated by the
central government. Some of the unitary features of the Indian constitution are single citizenship, a strong centre, single constitution for union and the
states, centre having the power to change the name and boundaries of the states, single unified judiciary to function as unitary government during the
emergencies, common all India services, appointment of the governor by the president, appointment of the high court judges by the president, One
election commission, flexible constitution, special power of the centre to make laws over state list. States are financially dependent on centre.
Federalism refers to the government which works with the constitution of central and state governments. In this both central and state governments
enjoy equal states. Some main federal features of Indian constitution are–
1)Written constitution
2)Indian constitution is supreme
3)Indian constitution is Rigid and can be amended by the joint actions of the state legislations and union parliament.
4)Division of powers between central and state.
5)Judiciary in India is independent and free. There is a Supreme Court which can declare any law as unconstitutional.
6)Bicameral legislature.
7)There are two governments one at the central level and other at the state level.

Study Of Women Rights And Legislation On National And...
Chapter 6
Study of women rights and legislation on National and International platform: An Overview
"Obstruction and impediment in the way of success."
Origin of Woman Rights––
Throughout the history we have seen that women have suffered a lot in every sphere of the life for since ages, thereby democratic government of
various governments and different organization nationally and internationally tried hard to set the platform for the women empowerment through the
umpteen laws, policies and legislations. Every democratic country required to have the best efficient leader so it means that women have to be given a
chance to compete and prove their ability. If they're never permitted or to get opportunity to contend in the electoral process, then the countries are
really deprived themselves of a great deal of talent." That 's why national and international organizations, be it governmental and non– government
attained sturdy efforts towards empowering the women in all the fields including politics. For increasing the contribution of women in political
decision, making it is essential to confiscate the stumbling block in the way of women in different fields be it economic, educational, cultural, political,
social, etc.
The United Nations Development Program initiated eight Millennium Development Goals (MDG) for guarantee equity and peace across the globe. The
third MDG is directly related to the empowerment of women in India. "The MDGs are agreed–upon goals and objectives

Application Of Rule Of Law Essay
THEORETICAL APPLICATION OF RULE OF LAW IN INDIA The common law system of justice delivery has been adopted by India which
owes its origins to British jurisprudence, the basis of which is the rule of law. According to Dicey, the Englishman does not need any form of
written or administrative law to keep cheeks on the government but that the natural law and Rule of Law would be enough to ensure absence of
excutive arbitrariness. While India also follows and accepts the concept of natural law, there are written and formal laws to ensure compliance. The
Constitution of India intended for India to be a country governed by the rule of law. It provides that the constitution shall be the supreme power in
the land and the legislative and the executive derive their authority from the constitution. Any law that is made by the legislative has to be in
conformity with the Constitute failing which it will be declared invalid, this is provided for under Article 13 (1). Article 21 provides a further check
against arbitrary executive action by stating that no person shall be deprived of his life or liberty except in accordance with the procedure established
by law. Article 14 ensures that all citizens are equal and that no person shall be discriminated on the basis of religion, sex, race or place of birth, finally
it ensures that there is separation of power between the three wings of the government, the executive and the legislature have no influence on the
judiciary. By these

Impact Of British On India
From the 1700s to 1947, Britain recognized India as the "jewel in the crown" because India was the most valuable colony they controlled. Indian's life
quality had a big improvement under the British's rule. Britain had built a railroad line for India making long distance trading more possible and
faster. The railroad line also brought people in different regions closer and made exchanging ideas easier. Other important public facilities and
technologies had helped India to emerge a modern economy. India was also able to connect and learn something from the outside world. In conclusion,
Britain's construction of railroad line, bridges, telegraphic lines and canals was its most noteworthy impact on India's economy that had pushed the
modernization ... Show more content on Helpwriting.net ...
Starting form the 1800s, British helped to get rid of many old cruel laws existing. However, there were still political issues that the British and the India
didn't agree on about that caused many conflicts. The most significant impact by British on India's politics was showed by the adoption and the change
of the government structure. Today's India government is similar with British government because they had adopted some of their structure from the
British Government. During the British Raj, viceroy headed the government and he had the strongest power. Many British officials were under his
govern and there was also a council with appointed members. This council acted like an imperial legislative council and was the cabinet of the Raj
government (Parliament.UK). During this period, Indians had slowly learned about how a western government works. So after the British Raj ended,
the native Indians adopted some of British government structure and set up their own independent government, Union Government of India. In the
system, President enjoys the greatest power in India. His role was similar to the viceroy that he had all the constitutional power. Under the President,
there were Vice

The Indian Constitution
INTRODUCTION The undeniable fundamental rights were preserved in Part III of the Indian Constitution. Directive Principles were enumerated in
Part IV of the Constitution. The terms "fundamental rights" have not been defined in the Constitution. Article 12 imposes duty on the state to protect
citizens for enjoying the Fundamental Rights. Each article has a distinct, important an valuable fundamental right empowering the citizens. These
rights primarily aimed at assuring political freedom to the citizens by protecting them against excessive State action. They are given a pride of place in
the Constitution by the Drafting Committee. Despite being part of the same constitution, a contrast is often made between part III and part IV i.e.
between fundamental rights and directive principles. The main reasons are the judicial enforceability of FR and its nature being negative obligation of
the state. The Fundamental Rights are enforceable. The directives are non В¬justifiable and are more in the nature of positive affirmations of the state.
However in recent time, some of the directives have been made a part of chapter on Fundamental Rights to be in tune with the requirements of
changing polity. ARTICLE 31–C In 25th Amendment, 1971– Art 31–C was added by the Constitution. The importance of the directive principles are
enhanced by this amendment. As stated in the object clause of the Bill, the object of the amendment was enacted to get over the difficulties placed in
the way of

Defining The Constitution Ambit Within India Essay
INTRODUCTION: To define the constitution ambit within which right to life with human dignity especially right to life–livelihood and holistic
approach is sine qua non of the constitutional framework in India. All those things which go all along with the life and make it worth living comes
within this. The right to live basically does not mean the bare life as it was said by Georgio Agamben in his HOMO–SACER book, the life is
basically full of all those things which makes life worth living and it includes the health aspect, the societal values in the status particularly in the
norms within the society; in all those things which make the life with dignity; hence it is not animal life but a political one. Supreme Court in
many judgments held that the life is not bare life devoid of all things in society rather it includes the basic values which makes life worth living. In
the words of Mahatma Gandhi: "According to me, the economic constitution of India, and for the matter of that of the world, should be such that
no one under it should suffer from want of food and clothing. In other words, everybody should be able to get sufficient work to enable him to
make the two ends meet. And, this ideal can be universally realized only if the means of production of elementary necessaries of life remain under
the control of the masses. These should be freely available to all as God 's air and water are, or ought to be; they should not be made a vehicle of
traffic for the exploitation of

Corruption Of Corruption
Introduction In a democratic system like India, the role played by the judiciary is of paramount prominence. The judiciary, through its immaculate
reasoning ability helps to keep a democracy proficiently running, and this is perhaps one of the causes why the Independence of the judiciary is the
cornerstone of India's democracy. Transparency and accountability– these are two fundamental words which help in instituting a system of good
governance in any country. Statistics and studies have shown that where there exists a veil of secrecy, there exists corruption. And as depressing as it
is, the one body which adjudicates on corruption and lays down guidelines to prevent such corrupt activities has been affected by corruption itself. The
reason why the collegium system was criticized and the government wanted to remove it was this very reason; it was injected and filled with
corruption. The collegium system had no room for transparency, thus it eventually led to activities of corruption and nepotism taking place. Such acts
of corruption, nepotism etc. would in the long run affect the judiciary and the stability of the government. The NJAC Act was introduced in the light of
these events to overcome these issues and to provide a more dependable and stable mechanism to the appointment of judges to the High Court and the
Supreme Court of India. After the National Judicial Commission Bill was introduced in the Lok Sabha on August 11, 2014 by the Hon'ble Law
minister Mr. Ravi

Examples Of Ethical Issues In The Movie
6.Do you think the form of presentation of ethical issues in that art–form a correct portrayal of the ethical issue? Was it lost in details or made subtle,
intangible and more convincing? 300 words.
The ethical issues manifest in the form of unintentional irony. Bruner remarks in the first half of the movie that she is an agnostic, skeptical woman
and does not believe in Father Moore's explanation of the events that have transpired. Later on when she herself experiences some events that veer on
the threshold of the supernatural, she decides to prove to the court that Emily in fact was possessed by demons. In the end, failing to produce adequate
evidence, she manipulates the jury using Father Moore's background and influences them further by invoking their faith, the faith that she has newly
discovered.
If the viewers find themselves engaging with the supernatural aspect of the film, they certainly miss the ethical breach that Bruner commits. Because
the viewer follows the movie only from the point of view of either Bruner or Father Moore, they are oblivious to the manipulation that Bruner and
Father Moore execute throughout. The ethical issue is not presented as the central issue – the use of religious sentiments to sway the public ... Show
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In the movie, when Emily was refused medical aid (approved by her), raises the question, whether right to life include, right to die. In Indian context,
Supreme Court in the case of Gian Kaur v. State of Punjab 1996 AIR 946 held that "Art.21 is a provision guaranteeing protection of life and personal
liberty and by no stretch of imagination can extinction of life' be read to be included in protection of life." Further, in State of Punjab v. M.S. Chawla
(dated 17 December, 1996), it has been held that– the right to life guaranteed under Article 21 includes within its ambit the right to health and medical
care which were not granted in this

Memorial: How to Prepare for the Moot Court Competition
TABLE OF CONTENTS
Sr. No. 1. 2.
PARTICULARS
Page no.
LIST OF ABBREVIATIONS INDEX OF AUTHORITIES 2.1 Books 2.2 Dictionary 2.3 Journal 2.4 Articles 2.5 Cases
2
3 4 4 4 5 7 8 9 10 12 25
3. 4. 5. 6. 7. 8.
STATEMENT OF JURISDICTION STATEMENT OF FACTS ISSUES RAISED SUMMARY OF ARGUMENTS BODY OF PLEADINGS PRAYER
MEMORIAL ON BEHALF OF PETITIONER
LIST OF ABBREVIATIONS
Sr. No. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12.
Abbreviated Forms FDI AIR SC SCC Edn. v. Pg. HonвЂџble Art. UOI Vol. U.S.A.
Full Forms Foreign Direct Investment All India Reporter Supreme Court Supreme Court Cases Edition Versus Pages Honourable Article Union of India

Volume United State of America
Page 2
INDEX OF AUTHORITIES BOOKS ... Show more content on Helpwriting.net ...
(3) SCC 217 20 AIR 1973 SC 1461 AIR 1983 SC 130 AIR 1979 SC 25 20 22 22
Page 6
STATEMENT OF JURISDICTION "If it may please the Honorable Supreme Court, the counselв
Ђџs stand here on the behalf of the petitioner in the
matter of Bharat Kumar v. Union of India." The Counsels representing the Petitioner have endorsed their pleadings before this HonвЂџble Supreme
Court of India, under the aegis of Article 32 of the Constitution of India. Article 32 for the kind perusal has been reproduced as: Remedies for
enforcement of rights conferred by Part IV of Constitution of India 32. Remedies for enforcement of rights conferred by this Part (1) The right to
move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this part is guaranteed (2) The Supreme Court
shall have power to issue directions or orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and
certiorari, whichever may be appropriate, for the enforcement of any of the rights conferred by this part. (3) Without prejudice to the powers
conferred on the Supreme Court by clause (1) and (2), Parliament may by law empower any other court to exercise within the local limits of its
jurisdiction all or any of the powers exercisable by the Supreme Court under clause (2). (4) The right guaranteed by this article shall not be suspended
except as otherwise provided by this Constitution.
MEMORIAL ON BEHALF OF

A Short Summary On The Constitution Of India
In the game, Britain just proposed a constitution that they believe is going to save India. This proposal is supposed to mend the broken bonds
between the people in the nation, and also the people and princely states around it. So far in the game, the Muslims have asked for a different state for
Muslims only, so that they can live how they feel is morally correct, the Communists have proposed how their idea of government would benefit the
people of India, the INC has proposed their ideas about the British residing in India, the Untouchables professed their wish to have specified seats in
the government and the princely states have asked that Britain abide by the treaties that they set up with them years before. After hearing all these...
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Dr. Ambedkar was the main voice for the untouchables because he was educated and therefore at Shimla, he presented his ideas wholly and fully in a
professional manner to the governor's general, which the governor's general decided to listen to. The other people groups of India should be in favor
of this constitution also because it grants everyone an equal say and voice in the government of India. No one group of people is left out,
underrepresented or overrepresented. This fits India well because there are so many different types of people that want and need different things out of
the government. Ali Jinnah stated that "Muslim India cannot accept any constitution which must necessarily result in a Hindu majority government." .
The new constitution keeps the Hindus, which are the majority in India, from having more say in the government than Muslims, Untouchables etc.
Although the Muslim League would be very upset by the constitution because they were not granted Pakistan, they can be pleased that they will now
have an equal say in the government and its affairs. This not only benefits the Untouchables, but it also benefits all people groups of India by giving
them all a voice in the government. The princely states are being removed as states, and now being called providences. This can be and will be
frustrating to them due to the fact that they no

Modern Indi A Pluralistic, Multilingual, And Multi Ethnic...
Cassandra Kaur Sheanh
Dr. Russell Mardon
Political Science 147
February 1, 2015
India
Modern India is a 'pluralistic, multilingual, and multi–ethnic society'. Modern India, as we are familiar with today, originally began in 1848 as the East
India Company. This is when most of the changes occurred that propelled India into the powerhouse that it has become today. In 1848, Lord Dalhouse
was appointed as Governor General. Under Lord Dalhouse's leadership multiple processes were implemented. These include the "consolidation &
demarcartion of society, the surveillance of society, and the education of citizens." Along with changes to society came technological advances such as
those to the "railways, canals, and the telegraph" which all were implemented in India almost immediately after their introduction in Europe. However,
not all of India's population was pleased with the direction the the East India Company was moving in. The new 'British–style social reforms' which
included large increases in land taxes were among the issues that the population was unhappy about. In 1857, the East Indian Rebellion occurred. The
East Indian Rebellion lasted approximately one year and issues were settled in 1858 resulting in the East India Company being dissolved.
Consequently, India was now under the leadership and direction of the British government. The difference between this new style of British–rule and
the type of British–rule that led to the rebellion was that this new leadership

Directive Principles of State Policy
DIRECTIVE PRINCIPLES OF STATE POLICY
Q. 1. What are the Directive Principles of State Policy ?
Ans. The Directive Principles of State Policy are those moral principles which are fundamental in the governance of the country. They are the
instruments of instructions for the guidance of the rulers, both at the. Centre and the State levels, for the establishment of a just ond egalitarian society in
India.
Q. 2. What is the aim of Directive Principles of State Policy ?
Ans. Their aim is to establish a welfare state in our country.
Q. 3. From which country have we borrowed these Directive Principles of State Policy? Ans. We have borrowed these Directive Principles from Ireland
which itself had borrowed them from the Republican Constitution ... Show more content on Helpwriting.net ...
(ii) Article 38 says "The State shall strive to promote the welfare of the people by securing and protecting as effectively as it may, a social order in
which justice, social, economic and political, shall inform all the institutions of the national life." and strive in particular, to minimise the inequalities in
income and endeavour to "eliminate in equalities in status, facilities and opportunities". (iii) Article 39 says "The State shall, in particular, direct its
policy towards securing (a) That the citizens, men and women equally, have the right to an adequate means of livelihood. (b) That the ownership and
control of the material resources of the community are so distributed as best to sub serve the common good. (c) That the operation of the economic
system does not result in the concentration of wealth and means of production to the common detriment. (d) That there is equal pay for equal work for
both men and women. (e) That the health and strength of workers, men and women, and the tender age of children are not abused and that citizens are
not forced by economic necessity to enter avocations unsuited to their age or strength.
That childhood and youth are protected against exploitation and against moral and material abandonment. (iv) Article 40 lays down that "The

Application Of Rule Of Law Essay
THEORETICAL APPLICATION OF RULE OF LAW IN INDIA The common law system of justice delivery has been adopted by India which
owes its origins to British jurisprudence, the basis of which is the rule of law. According to Dicey, the Englishman does not need any form of
written or administrative law to keep cheeks on the governmentbut that the natural law and Rule of Law would be enough to ensure absence of
excutive arbitrariness. While India also follows and accepts the concept of natural law, there are written and formal laws to ensure compliance. The
Constitution of India intended for India to be a country governed by the rule of law. It provides that the constitution shall be the supreme power in
the land and the legislative and the executive derive their authority from the constitution. Any law that is made by the legislative has to be in
conformity with the Constitute failing which it will be declared invalid, this is provided for under Article 13 (1). Article 21 provides a further check
against arbitrary executive action by stating that no person shall be deprived of his life or liberty except in accordance with the procedure established
by law. Article 14 ensures that all citizens are equal and that no person shall be discriminated on the basis of religion, sex, race or place of birth, finally
it ensures that there is separation of power between the three wings of the government, the executive and the legislature have no influence on the
judiciary. By these methods,

Republic Day Celebration
The Republic Day of India commemorates the date on which the Constitution of India came into force replacing the Government of India Act 1935 as
the governing document of India on 26 January 1950.[1] The date 26 January was chosen to honour the memory of the declaration of independence of
1930. It is one of the three national holidays in India, and while the main parade, Republic Day Parade takes place at the Rajpath, in the national capital
New Delhi, where the President views the parade, state capitals also have their state celebrations.
History
Although India obtained its independence on 15 August 1947, it did not yet have a permanent constitution; instead, its laws were based on the
modified colonial Government of India Act 1935, ... Show more content on Helpwriting.net ...
If it succeeds, its influence on Asia is incalculable for good. Whatever the outcome we must honour those who attempt it. Even more meaningful was
the opinion expressed by an American Constitutional authority, Granville Austin, who wrote that what the Indian Constituent Assembly began was
'perhaps the greatest political venture since that originated in Philadelphia in 1787.'
[edit] Celebrations Agni–IImissile in Republic Day Parade 2004.
To mark the importance of this occasion, every year a grand parade is held in the capital, New Delhi, from the Raisina Hill near the Rashtrapati
Bhavan (President's Palace), along the Rajpath, past India Gate and on to the historic Red Fort. Prior to its commencement, the Prime Minister lays a
floral wreath at the Amar Jawan Jyoti, a memorial to unknown soldiers at the India Gate at one end of Rajpath, which is followed by two minutes
silence in the memory of unknown soldiers. Thereafter he reaches the main dais at Rajpath to join other dignitaries, subsequently the President arrives
along with the chief guest of the occasion. First he unfurls the National flag, as the National Anthem is played, and a 21–gun salute is given. Next,
important awards like the Ashok Chakra and Kirti Chakra are given away by the President, before the regiments of Armed Forces start their march past.
The different regiments of the Army, the Navy and the Air Force march past

Judicial Review Essay
JUDICIAL REVIEW AND THE INDIAN COURTS
Introduction
Judicial Review is basically an aspect of judicial power of the state which is exercised by the courts to determine the validity of a rule of law or an
action of any agency of the state. The courts have the power of testing the validity of legislative as well as other governmental action with reference to
the provisions of the constitution. The judiciary tries to undo the harm that is being done by the legislature and executive and they also try to provide
every citizen what has been guaranteed by the constitution. Judicial review has a more technical significance in pubic law, particularly in countries
having a written constitution which are founded on the concept of limited government. ... Show more content on Helpwriting.net ...
Judicial Review in India
The constitution of India, in this respect, is more similar to the U.S. Constitution than the British. Under the constitution of India parliament is not
supreme. Its powers are limited in the two ways. First, there is the division of powers between the union and the states. Parliament is competent to
pass laws only with respect to those subjects which are guaranteed to the citizens against every form of legislative encroachment. The power of
judicial review of legislation is given to the judiciary both by the political theory and text of the constitution. There are several specific provisions in
the Indian constitution, judicial review of legislation such as Act 13, 32, 131–136, 143, 226, 145, 246, 251, 254 and 372.
Judicial review is a great weapon in the hands of judges. It comprises the power of a court to hold unconstitutional and unenforceable any law or
order based upon such law or any other action by a public authority which is inconsistent or in conflict with the basic law of the land. In fact, the study
of constitutional law may be described as a study of the doctrine of judicial review in action. The courts have power to strike down any law, if they
believe it to be unconstitutional.
In the case I.R. Coelho v. State of Tamil Nadu the court laid down a two–fold test: : (a) whether an amendment or a law is violative of any of the
Fundamental Rights in Part III (b) if so, whether the violation

Indi A Country Of Personal Laws
INTRODUCTION
India's history is testimony to the fact that it's been a country of personal laws. The reality in India has always been much more complex than other
societies, which have been totally secularized. The process of secularization in India, though not negligible has been far more slow and tortuous.
And no law however ideal can become acceptable if it alienates people and ignores social realities. A law has to be socially rooted in order to be
acceptable. In India, there are different set of laws for different communities pertaining to personal matters like marriage, divorce, property, adoption,
inheritance and maintenance. The Uniform Civil Code implies covering all these personal laws into one unified set of a secular law, that ... Show more
content on Helpwriting.net ...
WHAT IS UNIFORM CIVIL CODE?
Article 44 of the constitution of India lists Uniform Civil Code (Article 44 of the Constitution pledges for a uniform civil code. It runs as– "The State
shall endeavor to secure for the citizens a uniform civil code throughout the territory of India"). as one of the Directive Principles of state policy.
Directive principles of state policy, which comprises part IV of the constitution of India, are guidelines for the state and central governments to help
them in framing laws and policies. However these Directive Principles "shall not be enforceable by any court, but the principles therein laid down are
nevertheless fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws", according
to Article 37 of the Constitution. Though article 44 of constitution does not define the meaning of the expression 'civil code', its meaning can be found
out from its context and other provisions of the constitution which are relevant on this behalf. The word 'civil' is used in various senses, refers to the
expression 'civil law' (substantive and procedural) relating to private rights of citizens. Civil law would relate to various aspects of personal relations
such as contract, property, marriage and inheritance. The demand for a

The Social, Justice, And The Concept Of Social Justice
The notion of justice is existence of proper balance of rights and its access under the laws of land. It refers to not depriving any person from availing
privileges, opportunities etc. John Rawls writes, "Each person possesses an inviolability founded on justice that even the welfare of society as a
whole cannot override"It means that the interaction in a society must be free from any sort of discrimination such as religion, race, color, caste or sex.
It ensures fair distribution of assets and equal opportunity. JosГ© P. Laurel definesSocial Justice as "Social justice is neither communism, nor
despotism, nor atomism, nor anarchy, but the humanization of laws and the equalization of social and economic forces by the state so that justice in its
rational and objectively secular conception may at least be approximated."
________________________________________
Social justice is that status of the society where "equity" and "just treatment" of individuals exists. It is not limited to safeguarding the rights but also
comes with responsibility to maintain a "society for all" providing equal opportunities. A socially just society can be achieved after examining the
inequalities and seeking opportunity to curb the same by total elimination. The concept of social justice varies with the different philosophical
approaches about the distribution or allocation of resources.
Social Justice is the foundation stone of the Indian Constitution. The provisions of the Constitution of

Banking Law Project : Money Laundering
Banking Law Project
MONEY LAUNDERING
Submitted to :
Rohit Kumar Dharua
BA.LLB, Section "B" , 1383067
Contents
INTRODUCTION2
MONEY LAUNDERING IN INDIA2
METHODS OF MONEY LAUNDERING4
PUNISHMENT FOR MONEY LAUNDERING5
STEPS TO PREVENT MONEY LAUNDERING5
INTRODUCTION
Money laundering is the generic term used to describe the process by which criminals disguise the original ownership and control of the proceeds of
criminal conduct by making such proceeds appear to have derived from a legitimate source . In other words it is a practice which engages in specific
financial transactions, in order to conceal the identity, source or destination of money. It is the main operation of underground economy. The Interpol
General Secretariat Assembly in 1995 defined money laundering as: "Any act or attempted act to conceal or disguise the identity of illegally obtained
proceeds, so that they appear to have originated from legitimate sources".
BASIC CONCEPT: Money laundering is the process, by which, large amounts of illegally obtained money is given the facade of having a legitimate
source. Earlier the concept of money laundering was associated with organized crime alone. However in recent times, the ambit of money laundering
operations has dramatically increased.
The concept of money laundering originated in the U.S.A. It started with the attempt to disguise the ill–gotten wealth, obtained from trading in
alcoholic beverages. American mobster Meyer Lansky

Challenges And Challenges Of India
Introduction
Livelihood is the important concept to understand about the different type of factors which are affecting people 's day to day life particularly those
are living in vulnerable condition in our society. For tribal development, improvement of their livelihood practices several Government agencies and
NGO 's are working in our country and also in Maharashtra. But today also most of tribal communities in our country live with low income, problem
facing in income generation and becoming more vulnerable in terms of socially, economically and politically. The present study aimed at exploring the
subject of livelihood opportunities and challenges of Gond tribes in Gondia district of Maharashtra. Furthermore it sought to examine the
socio–economic conditions of Gond tribes in same region.
Tribals in India
In the world next to Africa, India has the largest concentration of tribal population. According to 2011 census report total Scheduled Tribes population
in India is 8,43,26,240 which accounts for 8.2% of the total country population. According to Kulamani Padhi (2005) the major identified tribes in
country number about the 428 scheduled tribes in India but the total number of tribal communities are reported to be 642 and several of them have
become extinct or merged with other communities in continuous development process. Thus, if the sub–tribes and state tribes will be taken into
consideration, the number will be many more. These 428 communities

Advantages And Disadvantages Of Caste
Some disadvantaged groups in India which are identified on caste basis have been discriminated against for centuries, and are still not protected
despite the numerous laws. These groups are to be provided with equality of opportunity and autonomy and more importantly a social safety net was
needed – that is a boost or ladder is required so that the more advanced forms of equality can be introduced and society can be balanced. Constitution
provided reservations for SC/ST's in this context and is called fair discrimination. The key point here in the practice of this is – there are no people
from disadvantaged groups in the upper echelons of society, and as long as they do not have a percentage equal to their share in the population in these
elite ... Show more content on Helpwriting.net ...
But here equality means equal opportunities for two really equal groups but what we have now is one economically & socially advanced individual
competing with resources lacking, economically constrained and in most of the cases faced with severe poverty and severely socially repressed
individual fighting to survive in this big world. Suggestions that one should improve the basic standards of the socially and educationally backward and
provide them the education and make them compete on merit is welcome but sheer common sense makes it clear that this is not a substitute for the
State Affirmative

Constitution
Facts This writ petition under Article 32 of the Constitution of India, raising a question of public importance involving the interpretation of Articles 74
(pari materia to Article 163) and 156 of the Constitution, has been referred to this six–judge Constitution Bench. On August 7th, 2014, President
Pranab Mukherjee issued a Presidential order removing Mizoram Governor Kamla Beniwal with barely four months left of her tenure. Ms. Beniwal,
who had crossed swords with PM Narendra Modi as Gujarat governor, was only recently transferred to Mizoram. According to Ms. Beniwal, she was
transferred after a nudge from home secretary Anil Goswami to quit did not elicit the desired response from her. The Government has stated that the
decision to... Show more content on Helpwriting.net ...
It is requested that these orders may be conveyed to the officer concerned under intimation to the Government." By an order dated 15 December,
1969 the services of the appellant Ishwar Chand Agarwal were terminated. The order was as follows: "On the recommendation of the High Court of
Punjab and Haryana, the Governor of Punjab is pleased to dispense with the services of Shri Ishwar Chand Agarwal, P.C.S. (Judicial Branch), with
immediate effect, under Rule 7(3) in Part D' of the Punjab Civil Services (Judicial Branch) Rules, 1951, as amended from time to time". The appellants
contend that the Governor as the Constitutional or the formal head of the State can exercise powers and functions of appointment and removal of
members of the
Subordinate Judicial Service only personally. The State contends that the Governor exercises powers of appointment and removal conferred on him by
or under the Constitution like execute powers of the State Government only on the aid and advice of his Council of Ministers and not personally.
The appellants rely on the decision of this Court in Sardari Lal v. union of India & Ors. (1971)3 S.C.R. 461 where it has been held that where the
President or the Governor, as the case may be, if satisfied, makes an order under Article 311(2) proviso(c) that in the interest of thesecurity of the State
it is not expedient to hold an enquiry

Role Of India 's Success As A Self Governing Country
Change for the Better Although India has been controlled by foreign rulers for centuries the people of India have decided they no longer will stand
by and be governed by an outside source. The British Governor Generals have proposed a constitution for India saying it is the best plan for a free
India; however they are wrong. There are several issues which can be detrimental to India's success as a self–governing country. The British need to
stop treating the people of India as children, by telling them what they need, and instead let them decide for themselves. One issue in the constitution
proposed is the lack of a national judicial system. Another is the income of the national government is based upon the provinces and therefore there is
no way to enforce the standards the national government sets. An additional issue is the weaknesses of a decentralized government. While there are
several other minor issues, the biggest issue of all is the English Rights Clause. Although the national government controls the judicial standards, there
is no national judicial branch to be able to do so. With a national judicial branch, cases from the provincial level can be appealed and reviewed at a
national level. This will help to regulate standards of punishments to the crime committed. As stated in the constitution, "[i]t is the job of the
decentralized governments to determine what is and is not the severity of the crime." The provinces should be able to create laws and the penalties

India And The Indian Constitution
We have perused in the past sections that there are numerous minority communities in India and our constitution itself has made numerous laws for
them to shield their society and to give them education and to help them in different approaches to carry on a content and safe lives. The Indian
Constitution guarantees "justice, social, economic and political" to all citizens. The Indian Constitution has additionally embraced measures for the
security of the privileges of the religious and ethnic minorities and of the socially and economically burdened classes, for example, the scheduled
classes and scheduled tribes. For example,
1.Reservation in employments, education and in numerous different fields
2.Cultural and educational rights
3. ... Show more content on Helpwriting.net ...
The procurements made in the Articles 16, 335, 338, 340, 341 & 342 of the Constitution identify with reservation, insurance and protections, in broad
daylight job in appreciation of the persons having a place with the SCs/STs and other backward classes.
Article 16 empowers the "State" to make procurements for reservation of arrangements or posts for SCs, STs and OBCs.
Yet at the same time, the state of alleged underprivileged segments in India is the same even that we have crossed such a variety of many years of
freedom. Reservation is working in the inverse course to its primary goal as is dividing the general public further. It is constantly used to elevate one
area of the general public at the expense of an alternate, which is not reasonable. Rather than this there ought to be equivalent open doors for all. In
addition, an able applicant does not require any endorsement of being from a lower standing to demonstrate their value. It is his mind, education and
ability to contend that can get change life. Pulling up a chair just by demonstrating your under advantaged testament won 't provide for you anything,
however simply the degree or a vocation.
Additionally the reservation framework in India is making a workforce which is not competent enough to contend

Major Factors that Led to the Enactment of Clinical...
I.MAJOR FACTORS THAT LED TO THE ENACTMENT OF CLINICAL ESTABLISHEMNT ACT
As a fact the for–profit private sector accounts for a considerable proportion of health care in India i.e50% of inpatient care and 60–70% of outpatient
care, but till the enactment of the Act received relatively less attention from the policy makers. Thus the private sectorhealth care delivery system in
India has remained largely fragmented and hysterical, and there is a clear evidence of grave quality of care deficiencies in many practices.
Difficulties range from inadequate and inappropriate treatments, excessive use of higher technologies, and wasting of scarce resources, to serious
problems of malpractice and negligence. Current policies and processes for health care were pitiful or not responsive to ensure health care services of
acceptable quality and prevent negligence.
There was a need to establish bodies and systems to monitor clinical and non–clinical efficiency of the services offered in the public and private
facilities. In India concerns about how to improve health care quality have been frequently raised by the general public and a wide variety of
stakeholders, including government, professional associations, private providers and agencies financing health care. There also have been attempts to
establish systems and process that would ensure quality of care by the health providers.
The best mechanism for curbing the malpractices is legislation or imposition of legal restrictions or

Counter Terrorism Laws And Human Rights
COUNTER TERRORISM LAWS AND HUMAN RIGHTS
The moral rule is not "when one is about to kill you, pre–empt him and kill him first," but rather "when one is about to kill you, do everything
necessary in order to thwart his intention." Accordingly, if there is no alternative to killing him, strike first. If there is an alternative other than killing
him, thwart his intention without striking first, without killing him.
I Introduction
Human rights and national security are at times perceived to be at odds with one another. When government officials speak about national security, their
arguments rest primarily upon the premise that protecting human rights and civil liberties is at times subservient to protecting national security. In India,
the government has passed stringent laws protecting national security and combating terrorist threats, but these same laws cannot pass the test of
human rights scrutiny. The international human rights framework, conventions or treaties to which India was a signatory or ratifying party, also
justified the limitations on governmental powers. However, the contemporary reality of Indian executive governance demonstrates the weaknesses and
inadequacies of the treaties and conventions. As a result, police, military and para–military forces continue to violate human rights. This problem
underscores the need to develop a culture amongst law enforcement officials that respects human rights as a sine qua non for the preservation of the
rule of law.

Child Labour And Indi Causes, Challenges And Legislations
Child Labour in India: Causes, Challenges and Legislations to combat the malaise.
Abstract: Child labour continues to be a problem even today in many parts of the world. These children are mostly inhabitants of poor undeveloped
nations of South America, Africa and Asia. They live in harsh conditions with almost no access to education. The income earned by them, however
minimal, is necessary to feed and clothe their families who are dependent on them. The families have no other option but to push their children to work
in various informal industrial and agricultural sectors in order to make ends meet. They are simply not aware of the harm this does to their young
children nor is there an orientation to send these children to school instead. The Government of India has taken a lot of legal initiatives in order to
address this serious issue of child labour. The National Human Rights Commission (NHRC) has been proactively involved in the eradication of this
malaise plaguing Indian society. India is also a participant in the United Nation's International Program on Elimination of Child Labour (IPEC) under
the aegis of ILO. The present paper will look at the various causes which lead to child labour, the international and national legislations that are in place
to eliminate this glaring menace and the steps which must be taken in order to abolish child labour in the country.
Keywords: Child labour, international and national laws, socio–economic issues, sectors employing child

Indian Polity and Social Issue
Polity, Constitution and Social Issues
Polity & Constitution
Constitution of India is the supreme law of India. It lays down the framework defining fundamental political principles, establishing the structure,
procedures, powers and duties, of the government and spells out the fundamental rights, directive principles and duties of citizens. Passed by the
Constituent Assembly on 26 November 1949, it came into effect on 26 January 1950.
The date 26 January was chosen to commemorate the declaration of independence of 1930. It declares the Union of India to be a sovereign, democratic
republic, assuring its citizens of justice, equality, and liberty and to promote among them all fraternity. The words "socialist", "secular" and "integrity"
... Show more content on Helpwriting.net ...
The Mission discussed the framework of the constitution and laid down in some detail the procedure to be followed by the constitution drafting body.
Elections for the 296 seats assigned to the British Indian provinces were completed by August 1946. The Constituent Assembly first met and began
work on 9 December 1946.
(Indian Independence Act 1947): The Indian Independence Act, which came into force on 18 July 1947, divided the British Indian territory into two
new states of India and Pakistan, which were to be dominions under the Commonwealth of Nations until their constitutions were in effect. The
Constituent Assembly was divided into two for the separate states.
The Act relieved the British Parliament of any further rights or obligations towards India or Pakistan, and granted sovereignty over the lands to the
respective Constituent Assemblies. When the Constitution of India came into force on 26 January 1950, it overturned the Indian Independence Act.
India ceased to be a dominion of the British Crown and became a sovereign democratic republic.
Constituent Assembly
The Constitution was drafted by the Constituent Assembly, which was elected by the elected members of the provincial assemblies. Jawaharlal Nehru,
C. Rajagopalachari, Rajendra

The Pros And Cons Of Secularism In Sri Lanka
Rights which are believed to belong to every person can be known as Human Rights. According to the United Nations "Human rights are rights inherent
to all human beings, regardless of race, sex, nationality, ethnicity, language, religion, or any other status." Human rights which are recognized in a
constitution of a particular state is known as the Fundamental Human Rights of that state. Therefore fundamental human rights differ from state to state.
In the international context Human Rights can be recognized with the Universal Declaration of Human Rights (UDHR), International Covenant on
Civil and Political rights (ICCPR) and International Covenant on Economic and Social Rights (ICESR). When we consider the Sri Lankan context in
both the 1947 ... Show more content on Helpwriting.net ...
There by claiming she has been violated the right to freedom of the religion. Buddhism is the religion of country's majority ethnic Sinhalese and
Buddhist tattoos are seen culturally insensitive. Hence the magistrate court held the claims valid and ordered her deportation and asked to hold her at
an Immigration detention center until the deportation. This decision gave a clear idea to the public that no person shall wear or tattooed religious
symbols from which the right to religious freedom of the public gets affected.
When analyzing the position of India it is evident that the term 'Religion' has not been defined in the constitution and it is hard to give a rigid
definition. The supreme court of India has in various cases tried to define religion. In the case of S.P. Mittal v Union of India and others Supreme
Court stated that Religion is not defined in constitution and it is incapable to give a stable definition. Further they identified that through the
background of provisions in constitution and in light of judicial precedents that Religion is a matter of faith. It is a matter of belief

India And Jap Rule Of Law
III.Rule of Law in India and Japan
The Rule of Law has not been compromised by the culture or socioeconomic conditions in India or Japan. India and Japan sought to achieve Rule of
Law to embody the values, institutions and principles in a modern liberal democratic country in order to modernize and adapt. Rule of law has two
main functions, to protect its citizens and stop unequitable use of state power by remaining transparent, and, to protect its citizens with enforcement
structures. In India, Western ideals and institutions were welcomed and successfully integrated with local culture. In Japan, transplant of rule of law
ideals only occurred post–war and the transplant of western legal systems were in the course of colonization and ... Show more content on
Helpwriting.net ...
NEED EXAMPLES OF THIS
The Constitution of Japan does not have any express provisions for the Rule of Law. However, it has insinuated in a number of Articles within the
Constitution. For example, in Articles 1 to 8 the Emperor remains as a symbol of the state and carries out functions of the state but in contrast to the
Meiji Constitution, his role is mainly ceremonial and the Emperor does not have any powers relating to the government. This indicates that justice is
intended to be administered by impartial and independent justice institutions and kept separate from the Emperor and government bodies who are held
accountable under the law in Article 41 to 95 of the Constitution of Japan. Specifically, in Article 98, "Supreme Law" implies Rule of Law upholds the
accountability of government bodies and agents where all government actions are ruled under one Constitution. Another example is the incorporation
of fundamental human rights in Article 97, which asserts the liberal doctrine of human rights and protects individual rights and liberties.
IV.Differences between India and Japan
India and Japan are both culturally different and different socioeconomically, but both countries have achieved Rule of Law. Some of the differences
stated in Chens' article about the Pathways of Western Liberal Constitutional Developments in Asia are that the founding fathers of the Indian
Constitution was

Uniform Civil Code Essay
Article 44 of the Indian Constitution expects from the State to codify and implement a Uniform
Civil Code for all citizens of India. As it is a directive principle the Indian State should endeavor to codify and enforce it. Article 44 of the Indian
Constitution provides "The State shall endeavor to secure for the citizens a uniform civil code throughout the territory of India". 1 There is a separate
Civil Code for various religious affiliations in India but a Uniform Criminal Code exists2. The
Criminal law imposes same rights, duties and liabilities on all citizens without considering their religious affiliation. However in the case of civil matter
more specifically in cases of personal matters (marriage, divorce, maintenance, inheritance etc.) there is no uniformity in law.
The law pertaining to marriage, divorce, guardianship, succession and maintenance governing the
Christians, Hindus and Muslim etc., are dissimilar and varies from one religion to other and managed by their separate personal laws like the Hindu
Marriage Act; the Hindu Adoption and
Maintenance Act; the Hindu Minority and Guardian ship Act; the Hindu Succession Act; governing the personal matters of Hindus. The Shariat Act,
The Dissolution of Muslim Marriage Act and the
Muslim Women (protection of Rights on Divorce) Act etc., which are based on the tenets of Holy
Quran, govern the personal matters of Muslims. A uniform civil code will help India in national and to some extent in religious unification. It is

Federalism in America and India
The Federalism of US and the Federalism of India have a number of similarities and differences between them.However, by and large,they are
successful.
The Similarities and Differences between American Federalism and Indian Federalism
Being the largest democratic countries in the world, both United States and India are based on federalism in their political structure. US became a
Federal Republic State by promulgating its constitution in the year1789; whereas India became a Socialist, Sovereign, Secular, Democratic Republic by
formally launching its constitution only in the year 1950.Thereby both countries had attained dominion status in which a number of smaller states had
got affiliated forming a union with a strong central government ... Show more content on Helpwriting.net ...
5)Powers of Checks and Balances:–
Though there exists a clear cut division of labor known as separation of powers into executive, legislature and judiciary in both countries, still there
is a threat. to democracy. A strong and dynamic leadership at the helm of powers as the executive and acting with unlimited powers may lead to
arbitrariness. After all power corrupts power; absolute power corrupts absolutely; in the result democracy may become a laughing stock and virtually
unworkable. Hence, in order to prevent unwieldy growth of any one of these three divisions, a fantastic mechanism known as powers of 'checks and
balances' has been maintained in both countries. In other words, each division of power is somehow or other checked and controlled by other
divisions of power.
In the US, the President as the chief executive power appoints his members of 'Kitchen Cabinet' and he is the Supreme Commander–in–Chief of
Army,Navy and the Air Force. He appoints the Chief Justice of the Supreme Court of the US. He enters into treaties with other countries. However,
his treaties must be approved by the House of Senate.Otherwise, the treaty will not come into force. Though President Woodrow Wilson was the chief
architect of the League of Nations that came into being after the first world war,US could not become a member of it since the House of Senate did
not approve it.Thus important policy decisions must be necessarily approved by the House of Senate, which

State And Citizenship Of The State
STATE AND CITIZENSHIP
G.Indhusmathi
Socw10754
Introduction: The state and citizenship can be seen in different perspectives. In one way we can perceive state as an autonomous unit and there
arises a struggle in rights and obligations between state and people in the society. Secondly ,the relation between the state and people in the society.
And thirdly, we can see it as an identity and nationality which has its both positive and negative effects.In liberalism state is viewed as fusion of all
the individuals in the society or the state as an interest of the people. In Marxism it is viewed as as a class struggle and it is also seen as the
formation which consists of various classes.in both the theories state is regarded as ... Show more content on Helpwriting.net ...
The state cannot provide its services rightly in the people of the society without citizenship. It becomes a great muddle when there is no citizenship in
the state. Now ,let us discuss how do I encounter state and citizenship in daily life.
Encountering state and citizenship in daily life
According to article 12 the term state includes Government and parliament of India,government and the legislature of each of the states all local or
other authorities of Indiamunicipality, panchayat ,statutory and non–statutory authorities. As a whole it includes all the agencies. They are all under the
control of the government of India. The component of state include constitution, territory, sovereignty, impersonal use of power ,Authority, taxation and
citizenship. The fundamental and most important component which can be seenis the citizenship.Like any other state the constitution of India through
citizenship confers the rights and obligation to the people.The Articles 5 to 11 under part II deals with the citizenship. The citizenship act of 1955
provides us five ways of describing an individual as citizen of India. They include who was born on the territory of India. Either of whose parents was
born in the territory of India,naturalization, registration and incorporation of territory. Though Indian constitution visualize dual polity it provides us
with only single citizenship. The citizenship act of 1955 regulates the provision for the citizenship. For all the citizen of India,

Speech On Secularism
It cannot be denied that in a multicultural and a multifarious religious state, secularism cannot be given any precise definition. It is a tool in the hands
of the State to use it judiciously for the promotion of inter–communal peace and harmony, and to ensure, depending on the peculiarities of each case,
that all the communities receive equal treatment.
India waited another twenty–seven years to enshrine secularism as one of the objectives of the nation. On 1 September 1976, through the 42nd
Amendment Act, passed during an internal emergency, the words "secular" and "socialist were formally added to the preamble of theConstitution. Then
proposed constitutional changes can be considered under the following heads: (i) Amendability of the Constitution; (ii) Fundamental Rights; (iii)
Directive Principles ... Show more content on Helpwriting.net ...
R. Gokhale, made a lengthy speech on its far–reachingconsequences. Yet about secularism and its introduction in the preamble of the Constitution, this
was 'all he had to say:
"(T)he objectives which we had always in view, namely, socialism and secularism, which we have tried to implement, will be more and more
implemented and will be more accurately and correctly reflected in a basic part of our Constitution, namely, the Preamble. Let anyone say that
"socialism" or "secularism" is incapable of definition (sic)."
Well, in order to accept that argument of the Law Minister , one may say that "democracy" in that sense is also incapable of definition because, it is
understood in different ways in different countries. But, there is consensus on the way we practice democracy. In the same way, the meanings of the
words "socialism" and "secularism" are well understood and embedded in the Constitution. Thus, all the argument seems futile but the main objective of
the amendment to the Preamble was a very important and fundamental feature of the Amendment

The Fundamental Rights Of The Indian Constitution
INTRODUCTION The fundamental rights were preserved in Part III of the Indian Constitution. It guarantees the following rights and freedoms. 1.
Right to equality; 2. Right to freedom; 3. Protection in respect of ,conviction for offences; 4. Protection of life and personal liberty; 5. Right to
education; 6. Protection against arrest and detention in certain cases; 7. Right against exploitation; 8. Right to freedom of religion; 9. Cultural and
education rights; 10. Right to constitutional remedies. The terms "fundamental rights" have not been defined in the Constitution. Article 12 imposes
duty on the state to protect citizens for enjoying the Fundamental Rights. Each article has a distinct, important and valuable fundamental right
empowering the citizens. These rights primarily aimed at assuring political freedom to the citizens by protecting them against excessive State action.
They are given a pride of place in the Constitution by the Drafting Committee. Directive Principles were enumerated in Part IV of the Constitution. Due
to the judicial enforceability of FR and its nature being negative obligation of the state, many a times there has been a contrast between part III and part
IV i.e. between fundamental rights and directive principles, despite being a part of the same constitution. The Fundamental Rights are enforceable.
Whereas the directives are non В¬justifiable and are more in the nature of positive affirmations of the state. However in recent time, some of the

Judicial Review And The Indian Courts

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