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Journal articles on the topic 'Article 142 of the Indian Constitution'

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Published: 7 June 2025

Last updated: 17 July 2025

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1

Solanki, Vinodkumar Bhalabhai, and Dr. Jagadish Siddhapara. "Article 142 Of The Indian Constitution & Its Philosophical Underpinnings." International Journal of Advance and Applied Research 5, no. 21 (2024): 47–50. https://doi.org/10.5281/zenodo.12704588.

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<strong>Abstract:-</strong>     Article 142 of the Indian Constitution grants the Supreme Court the power to pass any decree or order necessary to do “complete justice” in any cause or matter pending before it. This provision is a crucial element in India’s judicial framework, designed to ensure that the highest court in the country can deliver justice in its fullest sense, even if it requires transcending the constraints of other statutory laws.

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Solanki, Vinodkumar Bhalabhai, and Jagadish Siddhapara. "Ensuring social Justice through Articles 142 - Judicial Innovation in India." Royal International Global Journal of Advance and Applied Research 2, no. 2 (2025): 22–24. https://doi.org/10.5281/zenodo.15534209.

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<strong><em>Abstract:-</em></strong> <em>The Indian judiciary has played a pivotal role in upholding the ideals of social justice enshrined in the Constitution. Article 142 of the Indian Constitution, empowering the Supreme Court to pass any decree or order necessary for "complete justice," has emerged as a cornerstone of judicial innovation and activism. This unique provision allows the judiciary to transcend procedural technicalities and address gaps in statutory frameworks, ensuring justice is not denied due to legislative or administrative lacunae. This article explores the transformative

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Tiwari, Shiv Bahadur. "COLLEGIUM SYSTEM IN INDIAN HIGHER JUDICIARY: AN ANALYTICAL STUDY." Humanities and Development 18, no. 02 (2024): 148–54. https://doi.org/10.61410/had.v18i2.159.

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The Indian judiciary is the protector of the Indian Constitution, 1950. It’s declared by theconstitution itself on the basis conferred power for its protection and justice administrationunder the providing constitutional provisions. That is the important thing, the theory ofMontesquieu’s Separation of power adopts in the constitution as law making power vest in thelegislature, executive power vest in the administrator and power of justice vested in theJudiciary. Article 50 of the Indian Constitution expressly imposed responsibility upon theState to separate from the judiciary to the executive.

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Dr. Ganesh Dubey and Dheerendra Singh. "National Judicial Commission In India: The New Challenge." Legal Research Development: An International Refereed e-Journal 1, no. I (2016): 67–82. http://dx.doi.org/10.53724/lrd/v1n1.09.

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Art. 50 of our constitution provide - separation of powers and independent judiciary (under directive principles) and Art. 13 of the Indian constitution provide vital power to amend any new statute and empowered to Supreme Court to check the constitutional validity of particular act/statute. For much of its history the Indian judiciary has been regarded as largely fair and incorruptible. No action was taken on the bill but the system of Supreme Court appointments that it envisaged was mandated three years later by the Supreme Court itself. In Supreme Court Advocates-on-Record Association vs. U

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Abdullah Al Faruque and Mohammad Moin Uddin. "Achieving ‘Complete Justice’: A Comparative Study of the Constitutional Jurisprudence of India and Bangladesh." Dhaka University Law Journal 35, no. 1 (2025): 1–30. https://doi.org/10.3329/dulj.v35i1.77545.

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Both public policy and legal policy warrant that justice is delivered to the litigant people without any excuse. The power to do ‘complete justice’ avails the Supreme Court a vast residual power to complete the arc of justice by overcoming hurdles and roadblocks barring it from meeting the end of justice. The power is marked as an inherent and extraordinary discretionary power – not like other statutory discretionary powers – by virtue of which the Supreme Court can issue any decree or order for the end of complete justice subject to a few limitations. Article 104 of the Constitution of Bangla

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Shukla, Shivam, and Dr. Prashant Varun Kumar. "The Implementation of Ucc in Uttarakhand: A Model for Legal Reform or Political Experiment?" International Journal of Advance and Applied Research 12, no. 4 (2025): 237 to 241. https://doi.org/10.5281/zenodo.15281626.

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<strong>Abstract</strong> An important turning point in India's legal and constitutional debate was the implementation of the <strong>“</strong><strong>Uniform Civil Code</strong><strong>”</strong> (UCC) in Uttarakhand. The establishment of a UCC to guarantee consistency in personal laws among communities has long been envisaged by <strong>‘Article 44 of the Indian Constitution’</strong>, but its actual implementation has proven to be socially and politically delicate. Uttarakhand has sparked a national discussion by spearheading the creation and proposal of a state-spe

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Shukla, Shivam, and Dr. Prashant Kumar Varun. "The Implementation of Ucc in Uttarakhand: A Model for Legal Reform or Political Experiment?" International Journal of Advance and Applied Research 12, no. 4 (2025): 231–35. https://doi.org/10.5281/zenodo.15285919.

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<strong>Abstract</strong> An important turning point in India's legal and constitutional debate was the implementation of the <strong>“</strong><strong>Uniform Civil Code</strong><strong>”</strong> (UCC) in Uttarakhand. The establishment of a UCC to guarantee consistency in personal laws among communities has long been envisaged by <strong>‘Article 44 of the Indian Constitution’</strong>, but its actual implementation has proven to be socially and politically delicate. Uttarakhand has sparked a national discussion by spearheading the creation and proposal of a state-spe

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Shukla, Shivam, and Prashant Kumar Varun Dr. "The Implementation of Ucc in Uttarakhand: A Model for Legal Reform or Political Experiment?" International Journal of Advance and Applied Research 12, no. 4 (2025): 231–35. https://doi.org/10.5281/zenodo.15393584.

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<strong>Abstract</strong> An important turning point in India's legal and constitutional debate was the implementation of the <strong>“</strong><strong>Uniform Civil Code</strong><strong>”</strong> (UCC) in Uttarakhand. The establishment of a UCC to guarantee consistency in personal laws among communities has long been envisaged by <strong>‘Article 44 of the Indian Constitution’</strong>, but its actual implementation has proven to be socially and politically delicate. Uttarakhand has sparked a national discussion by spearheading the creation and proposal of a state-spe

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Dr., Kinnaben T. Chadokia. "Defending Democracy: The Complex Interplay Between Sedition And Free Speech In India." Young Researcher 12, no. 3 (2023): 89 to 99. https://doi.org/10.5281/zenodo.10553685.

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<em>The inclusion of the right to freedom of expression inside the Indian Constitution is of paramount importance, as it constitutes an integral element of fundamental rights. Due to the continuous evolution of individuals' ideas and methods of communication, coupled with the amendments made to Indian laws, the space for outdated and authoritarian British constraints has significantly diminished. Nevertheless, it is indeed surprising to note that during almost seven decades of independence, both the Parliament and state legislatures have refrained from amending the provisions outlined in Secti

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WILLIS, Michael. "The Dhanesar Kherā Buddha in the British Museum and the 'Politische Strukturen' of the Gupta Kingdom in India." South Asian Studies 30, no. 2 (2014): 106–15. https://doi.org/10.5281/zenodo.1167658.

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This article examines a bronze sculpture of the Buddha in the British Museum (no. 1969,0725.1) and offers a revised reading of its dedicatory inscription. A close examination of the palaeography, combined with a study of the sculpture’s style, shows that the image belongs in the early years of the sixth century. This provides a date for the ruler Harirāja named in the record and allows us to disassociate him from the Harigupta known from early Gupta coins. In addition, the re-dating of Harirāja provides new material for understanding the historical and cultural complexities of the l

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Sharma, Lokinder. "A Case for Statutorily Recognition of Irretrievable Breakdown of Marriage." International Journal of Law and Society 7, no. 3 (2024): 107–11. http://dx.doi.org/10.11648/j.ijls.20240703.12.

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Since antiquity, the concept of union in Hindu marriage has always been considered sacred and indissoluble. The Shastri-religious understanding of Hindu marriage is that heavenly-made unions are merely united and tied into a knot on this earth. Hence, once the union is formed, and the ceremonies and rites concluded, there is no scope for a couple to seek “divorce”. The traditional concept of Hindu marriage, although altered by India&apos;s post-colonial enactment of the Hindu Marriage Act in 1955 (“the Act”), aimed to reflect the country&apos;s identity as a liberal constitutional demo

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Ball, Milner S. "Constitution, Court, Indian Tribes." American Bar Foundation Research Journal 12, no. 1 (1987): 1–140. http://dx.doi.org/10.1111/j.1747-4469.1987.tb00531.x.

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We claim that the “constitution, and the laws of the United States which shall be made in pursuance thereof… shall be the supreme law of the land.” But we also claim to recognize the sovereignty of Native American nations, the original occupants of the land. These claims—one to jurisdictional monopoly, the other to jurisdictional multiplicity— are irreconcilable. Two hundred years have produced no resolution of the contradiction except at the expense of the tribes and the loss to non-Indians of the Indians' gift of their diflerence. This article explores the bearing of American constitutional

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Brar, Dr Sumeet Pal Singh. "Article 360 of Indian Constitution – An Analysis." International Journal for Research in Applied Science and Engineering Technology 11, no. 1 (2023): 1842–48. http://dx.doi.org/10.22214/ijraset.2023.48897.

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Abstract: The thought of emergency has passed into political hypothesis. The basic idea, to make specific emergency provisions in the Constitution, was to protect against unintended emergence of autocracy as a result of internal disorder, external attack or battle. In the Indian Constitution, there is a separate part present for the emergency provisions. Part XVIII, therefore, is a component of innovation in our Constitution. The provisions of Financial Emergency are enshrined under Article 360 of the Constitution. This provision provides a safeguard for the Union Government if any threat exis

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BHATIA, Gautam. "Horizontal Discrimination and Article 15(2) of the Indian Constitution: A Transformative Approach." Asian Journal of Comparative Law 11, no. 1 (2016): 87–109. http://dx.doi.org/10.1017/asjcl.2016.5.

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AbstractThis article explores horizontal non-discrimination rights under the Constitution of India (Indian Constitution). The Indian Constitution is unique in that it expressly prohibits private discrimination on the grounds of sex, race, caste, religion, etc. for the purpose of, inter alia, “access to … shops” (Article 15(2)). The article argues that a historically grounded understanding of the word “shops”, in the context of the transformative purposes of the Indian Constitution, necessitates a broad reading that covers all private economic transactions where goods and services are offered t

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Rai, Ravi Kumar. "PROTECTION AGAINST SELF-INCRIMINATION AS A FUNDAMENTAL RIGHT IN INDIA." Dogo Rangsang Research Journal 12, no. 09 (2022): 77–81. http://dx.doi.org/10.36893/drsr.2022.v12i09n03.77-81.

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The Latin adage "Nemon tenetur seipsum accusare"—which translates to "No man is required to accuse himself"—is the earliest example of the right against self-incrimination in mediaeval Roman Catholic law. Through objections against the inquisitorial and blatantly unfair techniques employed to question suspects in the mediaeval times in England, the right gradually developed in common law. One of the cornerstones of the British System of Criminal Law was "no person shall be compelled in any case to be a witness against himself," which the United States of America adopted and included in their C

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Mahalwar, Vandana. "LIVING CONSTITUTIONALISM’ AND THE ROLE OF INDIAN JUDICIARY." ShodhKosh: Journal of Visual and Performing Arts 4, no. 2 (2023): 1377–82. http://dx.doi.org/10.29121/shodhkosh.v4.i2.2023.2403.

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Living Constitutionalism emerged as a popular theory of constitutional construction and interpretation. Living constitutionalism emerged as a reaction against Originalism. Originalism means that the text of the constitution has a set meaning and that constitutional actors should be bound by it. Originalists say that the text of any Constitution is fixed at the time it is drafted, hence, its interpretation should follow the original intention of the framers. While, the theory of Living Constitutionalism provides that constitution needs to be interpreted in consonance of the current socio-econom

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Majumdar, Tanupriya. "INDIAN CONSTITUTION AS HALLS OF SOFT POWER." Social Science Review A Multidisciplinary Journal 3, no. 3 (2025): 208–14. https://doi.org/10.70096/tssr.250303035.

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This article critically examines the Indian Constitution as a powerful instrument of soft power, highlighting its role in projecting India’s civilisational values, cultural richness and philosophical depth globally. Drawing on Joseph Nye’s concept of soft power, defined as the ability to influence others through attraction and persuasion rather than coercion, the article explores how the Constitution’s text, artistic elements and founding principles serve as vehicles for India’s international image as a vibrant, inclusive and culturally rooted democracy. The study analyses the Constitution’s s

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Choudhary, Vikas K. "The Idea of Religious Minorities and Social Cohesion in India’s Constitution: Reflections on the Indian Experience." Religions 12, no. 11 (2021): 910. http://dx.doi.org/10.3390/rel12110910.

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India has many religious groups, of which Hindus are a majority, and Muslims, Christians, Sikhs, Buddhists and Jains are minorities. India’s Constitution, adopted in 1950, departed from the existing norms of secularism in Europe and elsewhere, which suggested a strict separation of religion and state. Moreover, freedom of religion is a Fundamental Right guaranteed under the Indian Constitution. With its distinct model of secularism and special provisions for religious minorities, India’s social cohesion arrangement needs special attention. On one hand, the distinct understanding of secularism

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Bais, Dr. Yogarajsingh R. "Natural Resources and Provision under Indian Constitution." International Journal of Advance and Applied Research 11, no. 1 (2023): 221–23. https://doi.org/10.5281/zenodo.10156197.

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<strong>Abstract:</strong>This article draws out some unmistakable highlights of Indian law and society in the questions of property rights and qualifications over regular assets. Both the provincial and post-pilgrim expresses that presented the cutting edge law in stages had different intentions. They decided the kinds of rights allotted and the complex political and administrative cycles fundamental for their executions. By utilizing a transformative way to deal with follow these turns of events, this article helps in appreciation of the advanced law and privileges on normal assets in India.

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Sindhu, Jahnavi, and Vikram Aditya Narayan. "Reasonable Classification versus Equality under the Indian Constitution." National Law School Journal 17, no. 2 (2023): 1–64. https://doi.org/10.55496/sqgo9575.

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This article critiques the standard of review most prominently applied in cases involving claims of violations of Article 14 of the Constitution: the reasonable classification test. We argue that this test is woefully inadequate in appreciating and protecting the wide-ranging nature of the right to equality. Through an examination of the origins of the reasonable classification test, we demonstrate the weak justifications initially advanced by the Indian judiciary to import it from dated United States (US) case law. Further, we highlight the substantial weaknesses of the test and explain how i

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Chakrabarty, Bidyut. "Redrawing a Constitutional Design: The Indian Experience (1780–1950)." Indian Historical Review 45, no. 2 (2018): 233–56. http://dx.doi.org/10.1177/0376983617747998.

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The 1950 Constitution of India is an outcome of an ideational battle that had begun long before it was formally framed by the members of the Constituent Assembly in little less than 3 years between 1946 and 1949. Tracing its intellectual genealogy to the philosophy of Enlightenment, the article shows that the constitution heavily drew upon the liberal values of constitutionalism, which flourished in India in the wake of colonial rule. Being sensitive to the Gandhian preference for village swaraj, the founding fathers also addressed the concern of the Gandhians in the Assembly by incorporating

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Jamil, Zainab. "Pakistan’s Foreign Policy Towards Indian Revocation of Kashmir's Special Status- Modi's Grand Strategy in Abrogating Articles 35A and 370 of the Indian Constitution." Global Foreign Policies Review IV, no. II (2021): 34–44. http://dx.doi.org/10.31703/gfpr.2021(iv-ii).05.

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Kashmir Valley has been a subject of discussion since 1947 because of political discord between Pakistan and India. Article 370 and 35(A) of the Indian Constitution were abrogated by Indian Prime Minister Narendra Modi giving Kashmir and its inhabitants certain benefits, just as Kashmir has its own constitution. This paper scouts Pakistan's modified foreign policy towards India in the after-effect of Articles 370 and 35(A) of the Indian Constitution being abrogated. Further, owing to the critical review of available literature, the paper will seek to present how it cast the relationship betwee

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Sarthak, Aryan, and Boruah Jayanta. "Indian Democracy In Promoting Freedom From Exploitation Under Article 23 OF The Indian Constitution." Legal Vidya 2, no. 1 (2021): 108–14. https://doi.org/10.5281/zenodo.6966971.

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India is a country with a democratic constitution that speaks for civil liberties for all its citizens. Freedom from exploitation is a basic right for all citizens of a democratic country because, if a citizen is not free from exploitation, then a country cannot be justified as a democratic one. The theoretical parameters of democracy argue for its institutions, via- Legislative, Executive, and Judiciary to adopt a mechanism for excluding all forms of exploitations by ensuring civil liberties to all its citizens. However, India besides being a democratic country has not been fully able to ensu

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BHATIA, GAUTAM. "Freedom from community: Individual rights, group life, state authority and religious freedom under the Indian Constitution." Global Constitutionalism 5, no. 3 (2016): 351–82. http://dx.doi.org/10.1017/s2045381716000228.

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Abstract:The religious freedom clauses of the Indian Constitution attempt to mediate between the competing claims of individuals, religious groups and the state, in a manner that is born out of specific historical circumstances. This article examines the controversial questions of whether, and to what extent, the Constitution grants individuals (specifically, dissenters) rights against the religious communities to which they belong. Taking as its point of departure a landmark Supreme Court judgment that struck down an anti-excommunication law, the article argues that the Indian Constitution is

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Pearl, Yadav. "THE POWER STRUGGLE BETWEEN THE CENTRE AND THE STATES: THE EXAMINATION OF EMERGENCY PROVISION (ARTICLE 356)." Indian Politics & Law Review 6 (July 12, 2021): 233–42. https://doi.org/10.5281/zenodo.5101099.

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This research paper has been written with the aim to examine the emergency provision imposed on states under Article 356 of the Indian Constitution, also known as the President’s rule. The examination of the provision will be done through the route of understanding the genesis and the concept of the federal structure of the Indian state and then proceeding on to the brief description of the distribution of power between the Centre and the States. After the basic understanding of the Indian federal structure, the emergency provisions mentioned in the Indian Constitution will be discussed

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Priyanka, Parasar, and Ishrat Naaz Dr. "INDIA'S CONSTITUTIONAL APPROACH TO THE RIGHT TO EDUCATION." International Journal of Advance and Innovative Research Volume 10, Issue 1: January - March 2023 (2023): 1–7. https://doi.org/10.5281/zenodo.10352546.

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<strong>Abstract</strong><i>Human rights are a person's fundamental rights, without which they are unable to function in their current society. Regardless of caste, creed, religion, gender, ethnicity, or any other factor, human rights cannot be denied anywhere or under any circumstance. Part III of the Indian Constitution, which covers fundamental rights, lists various rights. Indian citizens are entitled to six fundamental rights: the right to equality, the right to freedom, the right against exploitation, the right to freedom of religion, the right to cultural and educational freedoms, and t

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Ms., Suparna Banerjee, and Saurav De Mr. "Empowering Equality: Gender Justice In The Indian Constitution." Annual International Journal of Vaikunta Baliga College of Law (AIJVBCL) 1 (April 28, 2024): 112–24. https://doi.org/10.5281/zenodo.11078850.

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The Indian Constitution in order to achieve gender justice in India, has bestowed a number of rights on women. The Preamble to the Constitution assures equality and dignity for every individual including women. The ideals of economic, social and political justice enshrined in the Preamble seek to ensure equality in terms of payment of dues, non-discrimination in matters of polity, caste, status and wealth. Some of the Fundamental Rights enshrined in Part III pave the way for giving women equal employment opportunities, ensuring positive discrimination in their favour, giving them the right to

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Pande, Nishant. "Right Against Exploitation under Article 24 of the Indian Constitution." Christ University Law Journal 9, no. 2 (2020): 37–57. http://dx.doi.org/10.12728/culj.17.3.

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Article 24 of the Constitution prohibits the employment of children in hazardous environments. The provision is worded in a manner that allows horizontal application of the right guaranteed thereby. However, the Hon’ble Supreme Court of India’s method of applying this horizontal right is obscure. On one hand, the Court in People’s Union for Democratic Rights v. Union of India indulged in a direct horizontal application of the right conferred under the Article, while on the other hand, the Court in the case of M. C. Mehta v. State of Tamil Nadu, undertook a combined indirect horizontal and vert

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Shreya, Khandelwal. "Right to Abortion under Article 21 of the Indian Constitution." Multidisciplinary Legal Affairs Journal 1, no. 2 (2024): 32–44. https://doi.org/10.5281/zenodo.11204949.

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The right to abortion has been a controversial and contested issue in India, with conflicting views among the judiciary, lawmakers, and society at large. This research paper aims to critically analyse the right to abortion as a fundamental right under Article 21 of the Indian Constitution, which guarantees the right to life and personal liberty. The paper begins by providing an overview of the legal and policy framework surrounding abortion in India, including the Medical Termination of Pregnancy Act, 1971, and subsequent amendments. It then examines the constitutional validity of the abortion

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Stewart, EA. "The comparative constitution of twinship: strategies and paradoxes." Twin Research 3, no. 3 (2000): 142–47. http://dx.doi.org/10.1375/twin.3.3.142.

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AbstractIn both traditional and modern societies, twinship, as an unusual mode of reproduction, involves difficulties for social systems in maintaining consistent classification systems. It is proposed that the most prevalent response to twinship involves various ‘strategies of normalisation’ to defuse and contain the potential disruption. This proposition is illustrated and analysed in relation to ethnographic maternal drawn mainly (but not exclusively) from African communities in the twentieth century. Following a discussion of twin infanticide as the most extreme of the normalising strategi

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Dr. Karim Haider Syed and Dr. Imran Khan. "Articles 370 and 371 of the Indian Constitution in the Context of Kashmir." sjesr 4, no. 1 (2021): 286–94. http://dx.doi.org/10.36902/sjesr-vol4-iss1-2021(286-294).

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Occupied Jammu and Kashmir is not the only state in the Indian constitution with special status but in addition to Article 370, there is also an Article 371 in the Indian Constitution which has 10 sub-clauses that give special status to other 9 states and territories. The nature of relations of these states is explained in these clauses of article 371 which is very helpful to understand article 370 of the Indian constitution. As far as Kashmir and Article 370 are concerned, the Indian government of Narendra Modi has axed the Indian position itself as all other states with constitutional guaran

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Swain, Nibedita, and Sandeep Bal. "WOMEN EMPOWERMENT: A STUDY ON INDIAN CONSTITUTION." SCHOLARLY RESEARCH JOURNAL FOR INTERDISCIPLINARY STUDIES 9, no. 67 (2021): 15814–25. http://dx.doi.org/10.21922/srjis.v9i67.8228.

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Women empowerment has become a burning issue in whole world. But few years back the status of women in comparison to men was very inferior and no one talking about the equality between the men and women. Gradually peoples are now demanding for equal rights, opportunities and status of women as equal with men not more than men. So, every country needs to focus on this issue regarding women’s equality and have some legal provision which benefit them. Some countries during constitution making have some legal provisions regarding them along with that we need other legal reservations and opportunit

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Bilung, Sarika. "Article 368: Power to amend the constitution and the Fundamental Rights of India." International Journal of Science and Social Science Research 1, no. 3 (2023): 370–73. https://doi.org/10.5281/zenodo.13623487.

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A countries aim and objectives are reflected by its constitution. It is the legal framework of a country that defines the rules, regulation, laws and governing process of a country. The Fundamental rights are those rights that are essential for the fullest development of an individual as well as to lead a civilised life. These Fundamental Rights are protected by the judiciary of India. This article emphasized on Article 368 of Indian Constitution which empowers the parliament to amend the constitution with maintaining its basic structure. The objective of the study is to understand the basic s

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Juyal, Rebant. "Constitutional Liberties and Cyberspace: Analysing the Anuradha Bhasin v Union of India Case and its Impact on Fundamental Rights." Legal Information Management 23, no. 4 (2023): 276–81. http://dx.doi.org/10.1017/s1472669623000622.

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AbstractThe right to free speech and expression is a fundamental right guaranteed under Article 19 (1) (a) of part III of the Indian constitution. The fundamental rights act as the constitutional restraints over the state's authority to intervene within the protective gamut of civil liberties of the people. However, the Indian judiciary remains the principal enforcer of the constitutional liberties guaranteed as fundamental rights whenever breached by the state. As the interpreters of the constitution and guardians of civil liberties, the Indian constitutional courts have consistently acted to

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Dhingra, Alisha. "Gender Discourses and the Making of the Indian Constitution." Indian Journal of Gender Studies 29, no. 1 (2021): 33–54. http://dx.doi.org/10.1177/09715215211056794.

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Indian democracy was constituted after a long struggle for self- determination, which ultimately culminated in the making of a constitution for independent India. This article seeks to revisit gender discourses during the constituent assembly debates when women members were seeking for complete gender equality to be written into the constitution. The nationalist discourses on ‘Indian womanhood’ prevalent during the years of the freedom struggle were articulated and reflected in the debates and impacted the writing of the text of the constitution. The final text contains gender progressive prov

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Rathod, Shantappa Thanu. "Reimagining the Indian Constitution for a Vibrant Democracy: A 2047 Perspective." Journal of Research & Development 17, no. 3 (2025): 17–20. https://doi.org/10.5281/zenodo.15274413.

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<strong><em>Abstract:</em></strong> <em>As India approaches its centenary of independence in 2047, it is essential to reimagine the Indian Constitution to ensure it remains relevant and effective in promoting a vibrant democracy. This article examines the need for constitutional reforms, reviews existing literature on the topic, and proposes a framework for reimagining the Indian Constitution. Our study employs a qualitative research methodology, involving a critical analysis of existing literature and expert opinions. We argue that a reimagined Constitution must prioritize citizen-centric gov

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Wadhwa, Japneet Singh, and Rajendra Kumar Saini. "Right to Privacy Forensic Investigation: Indian Perspective." Journal Global Values XV, no. 2 (2024): 247–56. https://doi.org/10.31995/jgv.2024.v15i02.026.

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The right to privacy and forensic investigation are two conflicting interests that have been debated extensively in the Indian context. The right to privacy is a fundamental right guaranteed under the Indian constitution, forensic investigation is a crucial tool for law enforcement agencies to solve crimes and bring perpetrators to justice. This paper examines the tension between these two interests and explores the Indian perspective on balancing individual privacy rights with the need for effective forensic investigation. It analyzes the constitutional framework, judicial pronouncements, and

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Jagtiani, Palak. "Fiscal and Cooperative Federalism Under The Indian Constitution." GLS Law Journal 1, no. 1 (2019): 57–82. http://dx.doi.org/10.69974/glslawjournal.v1i1.6.

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With the advent of Goods and Services Tax in July 2017, which was a much awaited step of the government. The sudden acceptance and approval in the parliament was a debatable issue back then. The advent of GST and the method of imposition was one of the issues that the public at large faced. Having said the, erasing double taxation was one of the key takeaways of GST. However, amidst the pros and cons of Goods and Services a major impact that was observed was on the financial autonomy of the States. This directly impacted the key fiscal relations between the State and Centre. The author has div

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Bhaskar, Anurag. "'Ambedkar's Constitution': A Radical Phenomenon in Anti-Caste Discourse?" CASTE / A Global Journal on Social Exclusion 2, no. 1 (2021): 109–31. http://dx.doi.org/10.26812/caste.v2i1.282.

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During the last few decades, India has witnessed two interesting phenomena. First, the Indian Constitution has started to be known as ‘Ambedkar’s Constitution’ in popular discourse. Second, the Dalits have been celebrating the Constitution. These two phenomena and the connection between them have been understudied in the anti-caste discourse. However, there are two generalised views on these aspects. One view is that Dalits practice a politics of restraint, and therefore show allegiance to the Constitution which was drafted by the Ambedkar-led Drafting Committee. The other view criticises the

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Diyakova, Liudmila. "The State, the "Indian question" and the protest movement of the Mapuche people in Chile (1990-2024)." Latin-American Historical Almanac 46, no. 1 (2025): 112–43. https://doi.org/10.32608/2305-8773-2025-46-1-112-143.

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The article examines the policy of the Chilean democratic governments towards the indigenous population of the coun-try during 1990-2024, analyzes the main stages and direc-tions related to overcoming poverty, social exclusion, and weak political representation of Native American peoples at the government level. It is noted that along with the imple-mentation of the state strategy for the formation of the foun-dations of a multicultural model, economic development and the inclusion of Native American communities in political and public life, there was a process of growth of protest senti-ments

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Hussain, Bellal. "Sixth Schedule in Assam: An Overview." RESEARCH REVIEW International Journal of Multidisciplinary 8, no. 12 (2023): 144–48. http://dx.doi.org/10.31305/rrijm.2023.v08.n12.021.

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Sixth schedule of Indian constitution is an integral part of Indian polity and a very important topic in current political domain. Assam is one of the tribal-dominated hill areas in the northeastern region, and this constitution is the only one of its kind to protect the cultural identities, habits, economic and political interests of the people who live there. The sixth schedule of the Indian Constitution lists four different councils: the regional council, the district council, the independent council, and the territorial council. That being said, Assam has three councils: two independent co

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Dar, Rouf Ahmad, and Javid Ahmad Dar. "Constitutional Autonomy and its (Un)making." Verfassung in Recht und Übersee 56, no. 4 (2023): 675–89. http://dx.doi.org/10.5771/0506-7286-2023-4-675.

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To grant the Muslim majority princely state of Jammu and Kashmir (J&K) a special accommodation in the Indian context via Article 370 had been a novel constitutional experiment. The negotiations between the ruler of the state and the government of India formalized the ‘Accession’ of J&K with India, and Article 370 reflected the conditions of the constitutional relationship between the two. Being an exceptional provision that gave birth to a separate, but not independent, constitution (of Jammu and Kashmir), why has not Article 370 of the Indian constitution, or more precisely Jammu and

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Dr. Shilpa Jain. "Domestic Violence Legislation In India- An Appraisal." Legal Research Development: An International Refereed e-Journal 1, no. II (2016): 01–09. http://dx.doi.org/10.53724/lrd/v1n2.02.

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India became independent in 1947 and adopted a Constitution in 1950, which remains in force today.1 Part III of the Constitution protects fundamental rights, including the right to life, which has been interpreted to mean the right to live a life with dignity and free from violence.2 The Constitution also empowers the State to take affirmative measures to protect women under Article 15.3 The Indian Parliament has often invoked Article 15 to pass special legislative or executive measures to protect women, which have generally been upheld by the CourtsIt took India fourteen years after independe

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KhanV, Sikandar, Haji Ur Rahman, and Shagufta Shah. "An Examination of the Conceptual Framework around the Constitutional Abolition of Article 370 in the Indian Constitution and its Socio-Political Consequences for Pakistan." Global Sociological Review IX, no. II (2024): 65–79. http://dx.doi.org/10.31703/gsr.2024(ix-ii).07.

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Over the state of Jammu and Kashmir, India and Pakistan have been at enmity since the subcontinent was divided into two distinct states. Prime Minister Nehru reiterated the statement, ensuring that the people of Kashmir would depart immediately if they desired an Indian departure. The region's provisional agreement with India's main territory was subsequently guaranteed by Articles 370 and 35-A of the Indian Constitution. In this study, the consequences and impact of India's annulment of Article 370 on Pakistan are evaluated. The research study takes a qualitative approach, focusing primarily

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Singh, Himanshu Raman, and Nitin. "Rights of Arrested and Detained Person under International Law and Constitution of India." RESEARCH REVIEW International Journal of Multidisciplinary 10, no. 3 (2025): 187–201. https://doi.org/10.31305/rrijm.2025.v10.n3.021.

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The fundamental rights outlined in both the Indian Constitution and international law serves as the cornerstones for upholding and safeguarding the ideals of human rights. Arrest is a legal process that deprives someone of their personal freedom, which is universally recognised as a fundamental right. In order to preserve public order or national security, the executive branch may use preventative detention, which involves holding a person without accusation or trial. The study stresses the protections against arbitrary arrest and detention guaranteed by Articles 20, 21, and 22 of the Indian C

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Gupta, Prachi. "THE ABROGATION OF ARTICLE 370 AND ITS’ CONSTITUTIONAL VALIDITY." Dogo Rangsang Research Journal 12 (2022): 16–22. http://dx.doi.org/10.36893/drsr.2022.v12i11n01.016-022.

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The State of Jammu and Kashmir went through extraordinary and potentially notable changes on August 5, 2019, while the President was in power. These changes drastically impacted the State's constitutional relationship with the Union of India. As a rule, these noteworthy improvements incorporate the compelling cancellation “of Article 370 of the Indian Constitution and the division of the State of Jammu and Kashmir into the Union Domains of Jammu and Kashmir and Ladakh, ending Jammu and Kashmir's unique status under the Indian Constitution. This article initially portrays the legitimate activit

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Gupta, Priya, and Dr Abhay Chand Mall Visen. "Right to Be Forgotten with Special Reference to Indian Women: A Legal Study." International Journal of Humanities and Social Science Invention 13, no. 12 (2024): 13–20. https://doi.org/10.35629/7722-13121320.

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Right to be Forgotten is such a wonderful right through which we can now delete the personal information of any person scattered in the cyber world within minutes. In India, we have this right because of Justice K.S. Puttaswamy vs. Union of India. In this case, the court considered the right to be forgotten as a part of the right to privacy in Article 21 of the Indian Constitution, and this right is protected by Articles 21 and 32 of the Indian Constitution. Now it has become a fundamental right. This research paper specifically discusses the meaning, origin, and extent of the right to be forg

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Pankaj, Ashok. "Governor in Indian Federalism—II: Hiatus between Constitutional Intents and Practices." Indian Journal of Public Administration 63, no. 1 (2017): 13–40. http://dx.doi.org/10.1177/0019556117689850.

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In this second part of the article, the first part deals with the Constituent Assembly (CA) debates on power, position and role of Governor in the Indian constitution, the profiles of the incumbents of Raj Bhavans, their average tenures and their role as envisaged in the constitution have been examined. It explains that as against the intentions of the constitution-makers, the majority of Governors (52.3 per cent) appointed between 1950 and April 2015 have been from active political backgrounds including former chief ministers who constituted 12.9 per cent. Only 18 per cent of the tenures of G

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Subramanian, Sujitha, Nikhil Gokani, and Kashish Aneja. "Right to Commercial Speech in India: Construing Constitutional Provisions Harmoniously in Favor of Public Health." Journal of Law, Medicine & Ethics 50, no. 2 (2022): 284–90. http://dx.doi.org/10.1017/jme.2022.53.

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AbstractThis article examines the right to commercial speech that has been read into the right to freedom of speech and expression under Article 19(1)(a) of the Constitution of India. Restrictions on this right are only permitted if they come within the ambit of the exhaustive list of reasonable restrictions under Article 19(2), under which public health is notably absent. Nevertheless, through the doctrine of harmonious construction, the Indian judiciary have adopted a purposive interpretation to circumvent the omission of public health by carving up freedom of commercial speech into two part

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O’Reilly, James. "La Loi constitutionnelle de 1982. Droit des autochtones." Les Cahiers de droit 25, no. 1 (2005): 125–44. http://dx.doi.org/10.7202/042588ar.

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This article deals with the rights of the Aboriginal Peoples of Canada recently recognized in the Constitution Act, 1982. It provides a brief analysis of the nature and scope of these rights and their historical context by reference to some of the principal cases on Indian title. There is a short treatment of section 91(24) of the Constitution Act, 1867, and finally a summary of the 1983 Constitutional Accord on Aboriginal Rights and the amendments to the Constitution of Canada contemplated by the Accord.

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