Browsing: Constitutional Law

Social Justice: A Legal And Moral Principle Social justice is something which refers to the justice in the society for…

Abstract Judicial delays in India are a persistent challenge, undermining the right to timely justice and public confidence in the…

The Law Helps the Vigilant, Not the Sleepy The Latin legal maxim Vigilantibus non dormientibus jura subveniunt conveys a very…

Introduction The right to privacy has emerged as a cornerstone of constitutional jurisprudence in India following the landmark judgment in…

The insertion of the word “Secular” into the Preamble of the Indian Constitution through the Forty-Second Constitutional Amendment Act, 1976 remains one of the most debated developments in Indian constitutional history. Introduced during the period of Internal Emergency, the amendment has often been questioned for its political context and legitimacy. This article examines whether the introduction of “Secular” represented a fundamental shift in constitutional philosophy or merely a formal recognition of an already existing constitutional principle. By analysing the historical background of the amendment, the constitutional status of the Preamble, and landmark Supreme Court judgments, the article argues that secularism was always implicit in the Indian Constitution and was later made explicit through the amendment. It concludes that the Forty-Second Amendment did not create secularism but reaffirmed it as an integral part of India’s constitutional identity.

Introduction: When Power Changes Hands In 1986, food inspectors across Punjab began prosecuting vendors under the Prevention of Food Adulteration…

Petition Question The question raised in the petition was that, whether Chapter 22 of UP Regulations infringes fundamental rights under…

Introduction The question of whether writ jurisdiction under Article 226 of the Constitution of India extends to private bodies has…

Introduction Articles 226 and 227 of the Indian Constitution establish distinct yet complementary powers of the High Courts. Article 226…

Judgments Contrary to Binding Precedent It is common knowledge that sometimes Courts pass judgments which are contrary to the binding…