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Showing posts with the label judicial review

RAM MANDIR & BABRI MASJID DISPUTE- THE DISPUTE OF DEITY OR LAND?

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One of the longest-running confrontations or battles in the history of India has now settled andthe Supreme Court gave its verdict and allotted the so-called disputed land of 2.77 acres to Ram Janmabhoomi and gave an alternative land of 5 acres to Sunni Waqf Board. But even after the verdict delivered by the court, certain questions remained unaddressed. The history of this case is about 500 years old that began in 1528. Now if we consider this land dispute, the question here is that from when it should be taken into consideration? Whether from 1528 when Babri Masjid was constructed or from 1949 when the idol of Ram was placed or from 1992 when Babri Masjid was finally demolished? The article is an attempt to analyze the Allahabad High Court judgment and why it was not accepted. What the Archaeological Survey of India report stated? Why mediation failed in resolving the dispute? Whether it was actually a land dispute or was a religious dispute? Whether the title of land was involved o...

EVOLUTION OF THE BASIC STRUCTURE DOCTRINE OF INDIAN CONSTITUTION

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WHAT IS BASIC STRUCTURE DOCTRINE? Although the doctrine of ‘Basic Structure’ is nowhere defined but is the foundation that lays down the basic features of our Indian Constitution such as its supremacy, sovereignty, republic nature of our country India and its polity, Rule of Law, Separation of Powers, liberty, judicial review, secularism and much more. It should be noted that our Indian Constitution empowers Parliament and State Legislatures to enact law for their respective jurisdictions but the power to amend any legislation so enacted vests only with the Parliament. However, this power of Parliament to amend the law is not absolute as judiciary on other hand has power to declare any such law void or unconstitutional that is vague or contrary to welfare of public or is inconsistent with the Indian Constitution. The doctrine was brought into the system for the following reasons- ·        To preserve and protect the spirit of Indian Constitution ·  ...