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Basic Structure Doctrine (Constitution Of India)
The basic structure doctrine is a common law legal doctrine that the constitution of a sovereign state has certain characteristics that cannot be erased by its legislature. The doctrine is recognised in India, Bangladesh, Pakistan, and Uganda. It was developed by the Supreme Court of India in a series of constitutional law cases in the 1960s and 1970s that culminated in ''Kesavananda Bharati v. State of Kerala'', where the doctrine was formally adopted. Bangladesh is perhaps the only legal system in the world that recognizes this doctrine in an expressed, written and rigid constitutional manner through Article 7B of its Constitution of Bangladesh, Constitution. In ''Kesavananda Bharati'', Justice Hans Raj Khanna propounded that the Constitution of India contains certain ''basic features'' that cannot be altered or destroyed through amendments to the Constitution of India, amendments by the Parliament of India. Key among these "basic features", as expounded by Justice Khanna, are t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on precedent—judicial rulings made in previous similar cases. The presiding judge determines which precedents to apply in deciding each new case. Common law is deeply rooted in Precedent, ''stare decisis'' ("to stand by things decided"), where courts follow precedents established by previous decisions. When a similar case has been resolved, courts typically align their reasoning with the precedent set in that decision. However, in a "case of first impression" with no precedent or clear legislative guidance, judges are empowered to resolve the issue and establish new precedent. The common law, so named because it was common to all the king's courts across England, originated in the practices of the courts of the English kings in the centuries fo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
The Emergency (India)
The Emergency in India was a 21-month period from 1975 to 1977 when Prime Minister Indira Gandhi declared a state of emergency across the country by citing internal and external threats to the country. Officially issued by President Fakhruddin Ali Ahmed under Article 352 of the Constitution because of a prevailing "Internal Disturbance", the Emergency was in effect from 25 June 1975 and ended on 21 March 1977. The order bestowed upon the prime minister the authority to rule by decree, allowing elections to be cancelled and civil liberties to be suspended. For much of the Emergency, most of Gandhi's political opponents were imprisoned and the press was censored. More than 100,000 political opponents, journalists and dissenters were imprisoned by the Gandhi regime. During this time, a mass campaign for vasectomy was spearheaded by her son Sanjay Gandhi. The final decision to impose an emergency was proposed by Indira Gandhi, agreed upon by the President of India, and r ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Preamble To The Constitution Of India
The Preamble to the Constitution of the Republic of India is based on the Objectives Resolution, which was moved in the Constituent Assembly by Jawaharlal Nehru on 13 December 1946 accepted on 22 January 1947 and adopted by the Constituent Assembly on 26 November 1949, coming into force on 26 January 1950, celebrated as the Republic Day of India, and was initially drafted by Jawaharlal Nehru. The words "socialist", "secular" and "integrity" were later added during the Indian emergency by Indira Gandhi. Preamble The Constitution of India's preamble, as amended up to July 2024, reads as follows:WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens: JUSTICE, social, economic and political; LIBERTY of thought, expression, belief, faith and worship; EQUALITY of status and of opportunity; and to promote among them all FRATERNITY assuring the dignity of the individual and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Separation Of Powers
The separation of powers principle functionally differentiates several types of state (polity), state power (usually Legislature#Legislation, law-making, adjudication, and Executive (government)#Function, execution) and requires these operations of government to be conceptually and institutionally distinguishable and articulated, thereby maintaining the integrity of each. To put this model into practice, government is divided into structurally independent branches to perform various functions (most often a legislature, a judiciary and an administration, sometimes known as the ). When each function is allocated strictly to one branch, a government is described as having a high degree of separation; whereas, when one person or branch plays a significant part in the exercise of more than one function, this represents a fusion of powers. History Antiquity Polybius (''Histories'', Book 6, 11–13) described the Roman Republic as a mixed government ruled by the Roman Senate, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rule Of Law
The essence of the rule of law is that all people and institutions within a Body politic, political body are subject to the same laws. This concept is sometimes stated simply as "no one is above the law" or "all are equal before the law". According to ''Encyclopædia Britannica'', it is defined as "the mechanism, process, institution, practice, or norm that supports the equality of all citizens before the law, secures a nonarbitrary form of government, and more generally prevents the arbitrary use of power." Legal scholars have expanded the basic rule of law concept to encompass, first and foremost, a requirement that laws apply equally to everyone. "Formalists" add that the laws must be stable, accessible and clear. More recently, "substantivists" expand the concept to include rights, such as human rights, and compliance with international law. Use of the phrase can be traced to Tudor period, 16th-century Britain. In the following century, Scottish theologian Samuel Rutherfor ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Janardan Raghunath Mudholkar
Janardan Raghunath Mudholkar B.A., LL.B. (Cantab) Bar-at-Law (9 May 1902 – 27 July 1983), was an Indian Judge who served as Judge of Supreme Court of India from 3 October 1960 to 3 July 1966. Mudholkar was educated at Elphinstone High School, Bombay; Elphinstone College, Bombay; Sidney Sussex College, Cambridge, Lincoln’s Inn, London. He practised at the Bar at Amravati during 1925–1929 and at Nagpur during 1930-1941. He was the son of Rao Bahadur Raghunath Narasinha Mudholkar, a distinguished lawyer and President of the Indian National Congress at the 1912 session in Bankipur. He became District & Sessions Judge during September 1941 – June 1948. He became High Court Judge at Nagpur High Court during June 1948 – October 1956. He went to the Bombay High Court The High Court of Bombay is the High courts of India, high court of the States and union territories of India, states of Maharashtra and Goa in India, and the union territory of Dadra and Nagar Haveli an ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of Belize
The Supreme Court of Judicature of Belize is one of three types of courts in Belize, the lower ones being the Magistrate's Courts and the Court of Appeal. It is a court of original jurisdiction in both civil and criminal cases as well as an appellate court. It is governed by the Supreme Court of Judicature Act (SCJA). Structure The Supreme Court consists of three judges. Under Chapter 7 of the Constitution of Belize, the Chief Justice is appointed by the Governor-General on the advice of the Prime Minister. The PM directly appoints the other two judges, known as Puisne Justices. The Supreme Court has had Chief Justices not only from Belize and other Caribbean countries, but from as far afield as Sierra Leone ( Abdulai Conteh), Uganda ( Samuel Awich, acting) and Palestine ( Taufik Cotran). Section 40 of the SCJA divides Belize into three districts for judicial purposes, each consisting of two political districts. Section 46 names the place where the Supreme Court shall sit in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Belize
Belize is a country on the north-eastern coast of Central America. It is bordered by Mexico to the north, the Caribbean Sea to the east, and Guatemala to the west and south. It also shares a maritime boundary with Honduras to the southeast. Part of the Caribbean region, Belize is a member of the Caribbean Community (CARICOM) and the Commonwealth Caribbean, the historical British West Indies. The Maya civilization spread into the area of Belize between 1500 BCE and 300 CE and flourished until about 1200. European contact began in 1502–04 when Christopher Columbus sailed along the Gulf of Honduras. European exploration was begun by English settlers in 1638. Spanish Empire, Spain and Kingdom of Great Britain, Britain both laid claim to the land until Britain defeated the Spanish in the Battle of St. George's Caye (1798). It became British Honduras, a British colony in 1840, and a Crown colony in 1862. Belize achieved its independence from the United Kingdom on 21 September ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Federal Court Of Malaysia
Federal or foederal (archaic) may refer to: Politics General *Federal monarchy, a federation of monarchies *Federation, or ''Federal state'' (federal system), a type of government characterized by both a central (federal) government and states or regional governments that are partially self-governing; a union of states * Federal republic, a federation which is a republic *Federalism, a political philosophy * Federalist, a political belief or member of a political grouping * Federalization, implementation of federalism Particular governments *Government of Argentina * Government of Australia * Federal government of Brazil *Government of Canada * Cabinet of Germany * Federal government of Iraq *Government of India * Federal government of Mexico * Federal government of Nigeria *Government of Pakistan * Government of the Philippines *Government of Russia * Government of South Africa *Federal government of the United States **United States federal law **United States federal courts *Fe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
High Court Of Singapore
The High Court of Singapore is the lower division of the Supreme Court of Singapore, the upper division being the Court of Appeal of Singapore, Court of Appeal. The High Court consists of the Chief Justice of Singapore, chief justice and the judicial officers of the Republic of Singapore#List of judges of the Supreme Court, judges of the High Court. Judicial Commissioners are often appointed to assist with the Court's caseload. There are two specialist commercial courts, the Admiralty Court and the Intellectual Property Court, and a number of judges are designated to hear arbitration-related matters and insolvency matters respectively. In 2014 the Family Division of the High Court was created, and in 2015 the Singapore International Commercial Court ("SICC") was established as a division of the High Court. The current divisions of the High Court are the General Division and the Appellate Division. The seat of the High Court is the Supreme Court of Singapore#Supreme Court Building ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Forty-second Amendment Of The Constitution Of India
The 42nd amendment, officially known as The Constitution (Forty-second amendment) Act, 1976, was enacted during the Emergency (India), Emergency (25 June 1975 – 21 March 1977) by the Indian National Congress government headed by Indira Gandhi. Most provisions of the amendment came into effect on 3 January 1977, others were enforced from 1 February and Section 27 came into force on 1 April 1977. The 42nd Amendment is regarded as the most controversial constitutional amendment in history. It attempted to reduce the power of the Supreme Court of India, Supreme Court and High Courts of India, High Courts to pronounce upon the constitutional validity of laws. It laid down the Fundamental Duties of India, Fundamental Duties of Indian citizens to the nation. This amendment brought about the most widespread changes to the Constitution in its history. Owing to its size, it is nicknamed the ''Mini-Constitution''. Many parts of the Constitution, including the Preamble to the Constitution ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Thirty-ninth Amendment Of The Constitution Of India
The 39th Amendment of the Constitution of India, enacted on 10 August 1975, placed the election of the President, the Vice President, the Prime Minister and the Speaker of the Lok Sabha beyond the scrutiny of the Indian courts. It was passed during the Emergency of 1975–1977. It was moved by the Congress government headed by Indira Gandhi to preempt a hearing by Supreme Court of India concerning the setting aside of Gandhi's election by the Allahabad High Court, in ''State of Uttar Pradesh v. Raj Narain'', on the grounds of corrupt electoral practices. Background Indira Gandhi was accused by Raj Narain for misusing the state machinery during her election polls. After that, the Allahabad High court did find her guilty, by virtue of which dismissed her immediately from the Lok Sabha. The high court also barred her from contesting in future elections for 6 years and demanded her resignation from PM post. Indira Gandhi appealed to the supreme court the same day and her case ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
