Questions tagged [indian-constitutional-law]
The Constitution of India is the supreme law of India.
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If granting of pardons is subject to judicial review in India then are rejections of pardons also subject to judicial review?
https://www.legalserviceindia.com/article/l165-Power-of-Pardon.html
This goes over the various case laws on judicial review of pardoning powers.
“Considerations for exercise of power under Articles ...
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Would these acts fall under Indian Penal Code section 397 and 398 ? (India) (details in description)?
IPC section 390 defines robbery as
In all robbery there is either theft or extortion.When theft is robbery – Theft is “robbery” if, in order to the committing of the theft, or in committing the theft,...
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Can the supreme court set regulations for how lower courts act in an area where they are at discretion to make decisions ? (India)
For example if there is an area in which the courts can act in their own discretion like chosing how much compensation can be awarded to a party in a civil lawsuit within the limits of the maximum ...
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How does the pardoning power of the president and governer work ? (India)
Article 72 states that the president can pardon offences relating to a matter to which the power of the union extends.
Article 161 states that the governor can pardon offences relating to a matter to ...
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Can the Indian Government make laws contrary to the Directive principles of state policy?
The directive principles of state policies are embodied in part 4 of the Indian constitution.
in article 37 it is stated
The provisions contained in this Part shall not be
enforceable by any court, ...
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How is untouchability defined in Indian law?
Article 17 of India's Constitution makes it mandatory to abolish all forms of untouchability but what does untouchability mean? There's also the protection of Civil Rights Act 1955, India that makes ...
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What led to the interpretation of Article 21 of the Indian constitution to include both negative and positive rights?
The right to health was affirmed in Article 21 of the Indian constitution and courts have affirmed multiple times that the right encompasses multiple aspects of human life. why is this? Due process ...
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Are there any exceptions to ipc article 7 ? (Indian law)
Do words that have been explained in one part of the act have to neccesary be assigned the same meaning in another act ?
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what lead to the broadening of the scope of article 21 of the Indian constitution?
article 21 of the constitution
[no person shal be deprived of his life and personal liberty except according to procedure established by law]
the supreme court broadened its scope substantially by ...
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definition help regarding prevention of corruption act 1988 India
the statute states that "the act shal be in addition to rather than contrary to any other law in force at the time" can this interpretation be used to justify terminology of other acts being ...
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in India can courts pass less than minimum sentences in India?
case law - https://www.google.com/amp/s/www.thehindu.com/news/national/courts-cant-reduce-minimum-sentence-says-sc/article26231284.ece/amp/
is this true ? there have been cases where supreme court has ...
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Is marriage rejection on the basis of caste a criminal offence?
I am a Brahmin and my girlfriend is Schedule caste, and my parents are denying our marriage because of caste. Will it be considered a criminal offence under Indian caste discrimination law, if any?
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Does Indian criminal law have provisions for post-conviction release from sentences?
I am researching the Indian penal system and it appears that the only provisions for this are Criminal Procedure Code (CrPC) Sections 360, 432, and 433. However, neither of these seem to apply to ...
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Is it possible to appeal to change a supreme court's decision about the constitutionality of law? (India)
Are there any limits to public interest litigation in India to how many times a decision can be appealed? Especially a constitutional interpretation judgement?
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In Indian law are courts required to give similar verdicts for similar cases?
From what I understand this power is discretionary to courts other than supreme courts. But there isn't much material on it. Is there any grey area that I might be missing ? And are the decisions of ...
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How to save marriage when wife's family influence/force for divorce [closed]
We both were in relationship from 2010, married in 2017 and were lived together almost 3 years under a roof before our marriage. Her parents were against the marriage because of caste and community ...
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Why is a Letters Patent Appeal called so?
In High Courts in India, one can file an appeal called Letters Patent Appeal (LPA in short). LPAs are filed against a judgment of a single judge of the High Court and are decided by a bench of two/...
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Are second level cousins considered "Sapindas" in India's Hindu Marriage Act?
Are second level cousins considered Sapindas in India's Hindu Marriage Act?
Please refer the following screenshot in which the highlighted SINDHUJA [Y] (Red in color) and RAJ [M1] (White in color) may ...
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Can the governor of an Indian state remove a minister without the Chief Minister's advice?
Recently, Kerala's governor threatened to sack ministers.
Can he really do that without the CM's "advice"?
I have this doubt because office of the governor is not a democratically elected ...
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Is it non constitutional to remove identity based laws from the Indian constitution?
In the beginning pre-amble of Indian constitution it is written that it is a secular country. However this secular is not used in the sense of the Western secularism but that of Nehru's. The idea, as ...
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How would the first constitution of India interpret hijab in the classrooms?
Recently, a court in Kerala, India, banned the hijab in classrooms, saying that the hijab is not an integral part of the religion of Islam. Therefore, theoretically, Muslims in any part of India ...
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What is the basic structure of Indian Law?
Recently, I read the constitution of India and it was great. However, I'm unable to understand how Acts are made, what current classifications are. I find quite some overlap in laws, patchwork, ...
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What is the distinction between 'equality before the laws' and 'equal protection of the laws' in article 14 of the Indian Constitution?
This is a cluster of inter-related questions seeking references to understand positive obligations of the state and horizontal application, if any, of the constitutional guarantee of equality.
Article ...
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Do the observations of constitutional courts that are not necessary for deciding the case form binding precedents for lower courts?
My question concerns the principle that constitutional courts should not decide what is not strictly necessary for deciding the case at hand. What happens if, say the Supreme Court, made well reasoned ...
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"Minimum legal distance" between neighbor's property line and a plant of woody trees
As we know that trees are essential everywhere but they sometimes cause nuisances as well when not properly planted or maintained.
Keeping this in mind, has there been made any law that describes the ...
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How are Indian laws classified and how many types of law are there?
As a common man, with a limited to no knowledge about the Indian legal system...
How are Indian laws classified? (Covering every law in India.)
If I were to search and know about a law in India, ...
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What exactly is Contempt of Court Acts in 1971, in Indian law?
Recently some people are trying sue people who criticized Indian SC.
Plea seeks contempt of court proceedings against three for criticising
SC's comments
Read more here
I thought one could easily ...
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can a Private limited company in India be converted into NGO/section8 company?
In recent times Cloudflare converted into a non-profitable organization even though it has lots of paid and unpaid services, but it was located outside India but provides service in India.
Cloudflare ...
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Rights of Joint administrators of a property
If legal heirs of a joint property have acquired the letter of administration of the joint property, can a single co-owner sell his share (in india)?
Edited to add:
Can the said co-owner go for a ...
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is it necessary for India to have a war crimes act to prosecute war criminals in India too?
Many EU nations have a war crimes act in their countries to prosecute e g. Germany and the UK.
war crime act 1991
war crime act in india
Section 120A and 120B of IPC,1860 says that when two or more ...
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What is GST status over Crypto transactions in India?
Even though profit from cryptocurrencies like Bitcoin and Ethereum are taxed at 30%, that is only on converting that into Indian fiat, only then the citizen has to pay the tax of 30% of profits of ...
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Starting a new religion in India
Context
Indian constitution provides fundamental right to freedom of religion (Article 25,26,27,28 among others).
India is country with secular constitution. However many personal laws regarding ...
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What is the significance of the use of 'promote' in Article 27 of the Indian Constitution?
The Constitution of India states under Article 25
Freedom of conscience and free profession, practice and propagation of religion
Subsequently Article 27 states
Freedom from payment of taxes for ...
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How does a court infer marriage in India?
Since in India marriages are not legal contracts, how does a court infer marriage in India?
As living together is legal in India without marriage, having a biological child cannot be the proof of ...
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Can hospitals run by trusts discriminate based on religion in India
Suppose there's a hospital run by any trust. It gives free medicines to patients belonging to a particular religion and other patients have to pay for their medicines.
However, India is a secular ...
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Do sanskrit-mottos from religious texts violate secularism in India?
In India many Government Institutions, agencies, Judicial Bodies etc use mottos from religious texts primarily Hindu texts like Vedas, Puranas, Upanishads etc.
Does this violate concept of secularism ...
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Section 112 in The Indian Evidence Act, 1872 still valid and enforceable, in the face of DNA testing telling that the child is illegitimate?
Here is Section 112 in The Indian Evidence Act, 1872.
Central Government Act Section 112 in The Indian Evidence Act, 1872
112. Birth during marriage, conclusive proof of legitimacy.—The fact that any ...
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Is there a law in India that determines the punishment on the basis of quantity of narcotic drugs possessed by a person?
Suppose a person was found with 1kg of a narcotic drugs and another person with say 1000kgs does the punishment for the crime differ for both the people accused?
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Can a Muslim widow claim from her late father-in-law's estate when her husband dies before him?
Does a Muslim widow (with one daughter) have a valid claim to her husband’s father's property (30 acres of agricultural land in India) in cases where her husband dies first, then her father-in-law ...
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Legal and practical ways to deal with noisy neighbours in India [duplicate]
Consider some neighbours who play very loud music on routine basis and occassionally organise party with even more noise.
What are legal ways to deal with them and what are my rights in this case?
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Violating Non-Compete Agreement with my Employer
I'm currently employed in a startup in India. I have been working here for 1 year, and have signed non-compete agreement (electronically or digitally).
Recently a person contacted me in Linkedin ...
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Is keeping weed/ganja for one time usage (for one person) a crime in India?
Is it illegal to possess an amount equal to a one-time usage for one person?
Is there any specific law for this?
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On the mention of secularism in India Constitution
Secularism is the principle of seeking to conduct human affairs based on secular, naturalistic considerations. It is most commonly defined as the separation of religion from civic affairs and the ...
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What is the dependence of an individual's religion when applying for an Indian visa?
Recently a decision was made by those concerned in India to make the visa given to Afghan refuges to be independent of religion (Source). The article states that there is a religion based priority for ...
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Can a granddaughter claim her grandfather's property after both her father and grandfather have died according to Muslim law?
F had three sons: A, B and C.
A died. 20 years later F died, followed by the death of A's wife leaving a surviving daughter.
Following the death of F, his property transferred to the two surviving ...
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Constitutional validity of financial regulation of individuals
I am probably simplifying a complex situation, but this is the way I see it. There are several laws in India that govern the financial behavior of individuals - what securities they can buy in foreign ...
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What's the minimum age of consent for sexual matters in India
I'm confused about the age of consent for sexual relations. Is it 18 or 16?
IPC (1860) has various sections like 375 which criminalises sex with girl under 18years of age even with her consent. But ...
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Can a writ of mandamus be filed in any Indian High Court?
I am planning to file a writ of mandamus in an Indian High Court against a Government statutory body. Can it be filed in any High Court or is it necessary to file it in a specific High Court within ...
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Can the impeachment of the Indian president be judicially reviewed, or is it a violation of Article 122?
We know that impeachment of a president is quasi-judicial but does it mean that there can't be any judicial review. Is it a violation of Article 122?
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Child naming in India - is it regulated
My question has two parts regarding with the -
Regulation of First and/or Middle name
Regulation of Last name
First question might not be tricky but for second question there could be some ...
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