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Article 21: Right to Livelihood and Shelter
Right to livelihood Right to livelihood is one of the facet of Right to Life as it was said that human life is not merely an animal existence, right to life cannot be granted if the person does not have the means to live it or enjoy it. As Right to life is developed through judicial pronouncements and every facet increases the scope of Article 21. Word life as explained is difficult to define but attempts have been made to define it. A person’s right to do an activity should not be so restricted that it renders the life valueless.[1] So, when a person is forced to evict, when a…
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Article 21: Right to Life and due process of law
Introduction Article 21 is the heart and soul of the constitution of India. It provides for basic human rights. It is linked with the concept of natural law or natural justice. It says, “No person shall be deprived of his life or personal liberty except according to procedure established by law.” It is couched in negative language but as it says no person that would include all the people not only citizens, to non-citizens and even to those whose citizenship is unknown.[1] That would mean to foreigners as well.[2] It has been adapted from 5th and 14th Amendment of the US constitution. Though Article 21 has been taken from US…
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Doctrine of Pleasure
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The enforceability of the Directive Principles of State Policy by the courts.
The enforceability of the Directive Principles of State Policy by the courts. The laws governing India has many dimensions and interpretations. Its unique composure makes it stand out when compared to the rest of the world’s governing laws. Our country might have innumerable laws but the survival of these laws can only be sustained if they are in consonance with the constitution of India. Hence, from this we can decipher that the constitution of India is the very law of the land and the flexible interpretation of the articles according to the requirement of the country’s need makes it the supreme law. The constitution of India has XXII parts (12…
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Customary Laws and their legal Aspects in India
Custom is particular pattern of behavior or actions that are established in the community. It is a mechanism for ensuring social control, a set of directions for the humans to live within that community and for the society to be alive perpetually. The concept of custom is defined and opined upon by many scholars. Custom is a word which is used to apply to the totality of behavior patterns which are carried by tradition and lodged in the group, as contrasted with mere random personal activities of the individual.[1] On the other hand Radin iterated that customs are regarded as habitual ways of conduct among social groups.[2] Carter abided…
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International Conventions and India’s Dualist Perspective
International Conventions have been first listed under the UN Charter 1945 in Article 38 which lays down the relevant sources of International Law. They may be general or particular in nature, but are expressly recognized by the ‘contesting states.’ International Conventions may be described as agreements between countries. It may also be referred to as a ‘contract between states.’ Conventions are usually agreements between two or more states. They lay down a set of rules for these states to act upon in order to bring about a greater change in certain global aspects or even at the domestic level. Conventions are used synonymously with Treaties and Covenants[1]. The former has…
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Doctrine of Promissory Estoppel
Doctrine of Promissory Estoppel Contracts in India are governed under Indian Contract Act, 1872 (“the Act”). As per sec. 2(a) of the Act willingness is an important element of a contract to form because when one person signifies his willingness to do an act or abstain from doing an act if the willingness is missing the contract will not form. As per sec. 2(d) of the Act specifies that when an act is to be done or abstained from doing for a consideration is at the desire of the promisor if the desire is not present there would be not a valid contract between the parties. There are many instances…
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Doctrine of Pleasure
There are certain common law principles that were adopted by the Indian constitution. One such principle is the Doctrine of pleasure. In England, the doctrine is a special prerogative of The Crown and gives unrestricted power to appoint civil servants and discharge them of their duties at their pleasure. However, the application of the doctrine in the Indian context doesn’t confer absolute power on the President and the State governor. The constitution refers to three types of offices that are held under the pleasure of the President. The three can be categorized as offices held during the pleasure of the government without restrictions, hold the office at the pleasure…
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Doctrine of Res Judicata
The word doctrine is to be understood with legal concept as legal doctrines. Previously it was considered as the opinions of Catholic Church. But today the idea of doctrines have changed, it has evolved with the establishment of legal principles by different constitutions and courts. These are established legal principles by competent authority and are followed for long period for administration of justice.[1] One such doctrine which is adopted in India and is been evolved under English Jurisprudence is Doctrine of Res Judicata. The real legal maxim was ‘res judicata pro veritate accipitur’[2] which over the years converted to the word ‘res judicata’. The literal meaning of Res Judicata…
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Doctrine of Repugnancy
The Indian structure of governance is Quasi federal with a unitary system of distribution of power. This means that the Center and the States have the power to make legislations exclusively over some subject matters while there are still some area where a unitary form of distributions of power where central is deemed superior under certain circumstances.[1] This federal nature is embodied in Part XI of the India constitution. Chapter 1 of Part XI provides for the distribution of legislative powers between the Parliament and state legislature. Chapter 1 contains Article 245-255, Article 245 confers law making power for the whole or part of the territory of India to the…
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De Facto Doctrine
The word De Facto literally means, ‘in fact’ but the concept of De Facto and Doctrine of De Facto is different prima facie seems same but are different. If a person is having no authority and no power to make a law, make a decision or pass an order any decision taken, make a law or pass a judgment it will have no bases it will be void ab initio. And on the first impression it would be noted that, ‘a judgment given by a judge having no power is not a judgment’. But what happens to all the judgment passed will they be nullified? Will they be void ab…
