Browsing Category »Constitutional Law«

Freedom of Speech and Expression and Advertising in India

June 8, 2013

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Freedom of Speech and Expression and Advertising in India

Speech is God’s gift to mankind. Through speech a human being conveys his thoughts, sentiments and feeling to others. Freedom of speech and expression is thus a natural right, which a human being acquires on birth. It is, therefore, a basic right. “Everyone has the right to freedom of opinion and expression; the right includes […]

Freedom of Speech and Expression and Ban on Films

February 5, 2013

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Freedom of Speech and Expression and Ban on Films

I disapprove of what you say, but I will defend to the death your right to say it.’ – Voltaire The Screening of Film (Vishwaroopam) is banned for two weeks in  India( Tamil Nadu) amid protests by some community members in  pursuance to the request of the state police not to release the Film as […]

Forcing Doctors to Return to India after Higher Studies: Violation of Fundamental Rights

May 17, 2012

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Forcing Doctors to Return to India after Higher Studies: Violation of Fundamental Rights

On 23rd April 2012, the Union ministers Gulam Nabi Azad (Union Health minister) and V.Narayanaswamy (Minister of state) in a press meet at Delhi declared that any doctor traveling to the United States for higher medical studies from this year onwards would have to sign a bond to the government, promising to return to India […]

Euthanasia- Can a Person be Denied Right to Die?

June 7, 2011

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“Death solves all problems…no man, no problem.”… Joseph Stalin. “I am certainly not ascribing to the defenders of Euthanasia or assisted dying any motive but the desire to spare people unnecessary suffering.”…Rowan Williams. Also identifiable by the name “Mercy Killing”, Euthanasia connotes the act of deliberately helping someone in terminating his life or conceding to his request […]

The Irony Of Equality Vis-A-Vis Protective Discrimination in India

June 7, 2011

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The framers of the Indian Constitution, emphasized upon certain aspects like Secularism, Integrity, Freedom and Equality. According to the Indian Constitution, there should be Equality on the basis of caste, religion, sex and so on. It is must for all the residents of the country to abide by these rules and regulations and make sure […]

Indian Constitution: Is it Federal?

June 7, 2011

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A constitution is, broadly, a set of rules, written and unwritten, which seek to establish the duties, powers and functions of the various institutions of government, regulate the relationships between them, and define the relationship between the state and the individual. The term constitution is also used more narrowly to refer to a single, authoritative […]

Telangana- Constitutional Issues in New State Formation

June 7, 2011

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“Political will and Parliament Bill are enough for formation of Telangana State as per the Constitutional procedures and requirements. Neither the consent of Andhra Pradesh Assembly, nor the Amendment to the Constitution is required for carving out a new territory from the boundaries of present Andhra Pradesh state.”[1] The Constitution in Article 3 vests the […]

A Balancing Act

June 4, 2011

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After reading an interesting editorial piece by Justice Markandey Katju of the Supreme Court, the debate between the media’s freedom of expression and the media’s responsibility has got me thinking on where exactly one should strike the balance. A corollary to this question is whether there should be a balance? The freedom of the media […]

Executive Accountability: By Way of PIL

June 3, 2011

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INTRODUCTION The constitution of India guarantees equal rights to all citizens irrespective of race,gender, religion, and other considerations and the “directive principle of state policy” as stated in Indian constitution obligate the government to provide to all citizens a  minimum standard, the promise has not been fulfilled. The greater majority of Indian people have no […]

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