Posts

Showing posts from January, 2018

Right to Property Under Indian Constitution

Image
Right To Property Under Indian Constitution


Image source:electionl.in
The circumstances and the process of transformation of the right to property are an object lesson in the complexity of constitutional law . The original Article 31 (1) simply asserted that no person would be deprived of his property save by authority of law . Clause (2) of the same article provided that no property could be taken possession of , or acquired . Unless the law provided for compensation or specified the principles on which the compensation was to determined and paid . After a series of judicial cases on the adequacy of the amount of compensation , Parliament made the 4th amendment of the constitution in 1955 replacing the word 'compensation' by 'amount' and declaring that no law fixing the amount or laying down the principles for determining such amount could be called in question on the ground that the amount so fixed or determined was not adequate .  In Vajravelu Mudaliar v. Special Dep…

Idea of Constitutionalism

Image
Idea of Constitutionalism 

The father of Politics Aristotle in his famous book on politics defined constitution in two ways: normative and descriptive. In descriptive he defined the constitution as “the arrangement and positions of the magistracies in a state”. He said, the government is everywhere the sovereign in the state, and the constitution is in fact the government. In the normative aspect of the constitution he described: A constitution is the organization of offices in a state and determines what is to be the governing body, and what is the end of each community. But laws are not to be confounded with the principles of the constitution, they are the rules according to which the magistrates should administer the state, and proceed against offenders. When the citizens at large administer the state for the common interest, the government is called by the generic name – a constitution. According to Aristotle, such a form of government is a constitutional government. The original normat…

Need For An Official Language

Image
Need For An Official Language:-
Languages offered a special problem to the makers of the Constitution simply because of the plurality of languages used by the vast population. As now we are more than 1.3 billion in population. It is something amazing to think that no less than  1650 languages, including about 60 non-Indian languages, are currently in use in Indian subcontinent.
The makers of the Constitution had, therefore, to select some of these languages as the recognized medium of official communication in order to save the country from a hopeless confusion. Fortunately for them, the number of people speaking each of these 1650 languages  was not anything like proportionate and some languages (included in the 8th Schedule of the Constitution) could easily be picked up as the major languages of India, used by 91% of the total population of the country, and out of them, Hindi, including its kindred variants Urdu and Hindustani, could claim 46 percent. Hindi Devanagari script was accor…

History of Directive Principles

Image
History of Directive Principles
The Fundamental Rights and the Directive Principles (DP / DPSP) have a common origin. The Nehru Report of 1928 (All Parties Conference Committee Report, 1928. It was chaired by Motilal Nehru. Hence is popularly known as Nehru Committee Report) which contained a Swaraj Constitution of India incorporated some fundamental rights. These included such rights as the right of elementary education. The Sapru Report of 1945 (Constitutional proposals of Sir Tej Bahadur Sapru Committee, 1945) clearly divided the fundamental rights into two categories - justiciable and non-justiciable. Sir B. N. Rau, Constitutional Adviser to the Constituent Assembly advised that the individual rights should be divided into two categories. Those which can be enforeced by a court and those which are not so enforceable. The latter he thought are moral  precepts for the authorities of the State. His suggestion was accepted by the Drafting Committee. As a result we have Fundamental …

Language to be used in the Legislature

Image
Language to be used in the Legislature:
Article 210 lays down that the business in the Legislature of a State shall be transacted in the official Language or Languages of the State or in Hindi or in English. It is further provided that the words in English shall be deemed to have been omitted on the expiration of 15 years from the commencement of the Constitution. Power has been conferred on the State to enact a law for continuance of English as an alternate language. In regard to those States, which were not in existence on 26th of January 1950, but were formed later, the period of 15 years has been further extended to 25 years in case of Himachal Pradesh, Manipur, Meghalaya and Tripura and to 40 years in case of Arunachal Pradesh, Goa and Mizoram.
The Speaker of Legislative Assembly or Chairman of the Legislative Council has the power to permit any member who cannot adequately express himself in the State Official Language or in Hindi or in English to address the House in his mother…

High Court For A Union Territory In India

Image
High Court For A Union Territory In India
Indian Parliament by law constitute a High Court for a Union Territory. High Courts exercising jurisdiction over a Union Territory shall continue to exercise jurisdiction till it is changed by law. The Punjab and Haryana High Court has jurisdiction over Chandigarh, which is a Union Territory as well as capital of two states i.e. Haryana and Punjab. The Kerala High Court caters to Lakshadweep. The Andaman and Nicobar Islands are under the Calcutta High Court. Pondicherry falls under Madras High Court. The Mumbai High Court is the High Court for Dadra and Nagar Haveli, as also for Daman and Diu.
Delhi has its own High Court since 1966.