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Part XXII is a compilation of laws pertaining to the constitution of India as a country and the union of states that it is made of. This part of the constitution contains Articles on short title, date of commencement, Authoritative text in Hindi and Repeals. [1]
The Constitution of India under Article 136 vests the Supreme Court of India, the apex court of the country, with a special power to grant special leave, to appeal against any judgment or order or decree in any matter or cause, passed or made by any Court/tribunal in the territory of India. It is to be used in case any substantial ...
Since the Constitution had conferred a limited amending power on the Parliament, the Parliament cannot under the exercise of that limited power enlarge that very power into an absolute power. Indeed, a limited amending power is one of the basic features of our Constitution and therefore, the limitations on that power can not be destroyed.
The Second Amendment of the Constitution of India, officially known as The Constitution (Second Amendment) Act, 1952, removed the upper population limit for a parliamentary constituency by amending Article 81(1)(b) of the Constitution. Article 81(1)(b) had stipulated that the number of members to be allotted to each parliamentary constituency ...
This implies that Parliament can only amend the constitution to the limit of its basic structure. The Supreme Court or a high court may declare the amendment null and void if this is violated, after a judicial review. This is typical of parliamentary governments, where the judiciary checks parliamentary power. In its 1967 Golak Nath v.
Section 5 of the Indian Limitation Act, 1963 (Act 36 of 1963) is an enabling provision to assist the litigants who failed to do an act within the prescribed time period as originally fixed under the various enactments. For example, a litigant who failed to file an Appeal before the superior courts within the permissible time period as ...
Union of India, [6] the Supreme Court held that the freedom of speech and expression has no geographical limitation and it carries with it the right of a citizen to gather information and to exchange thought with others not only in India but abroad also. The constitution of India does not specifically mention the freedom of press.
Under the constitution of India, [1] exclusive jurisdiction for the Union and the State has been conferred regarding subject matters of legislation. This has been provided by Article 246, [2] which has demarcated the legislative jurisdiction of the Parliament of India and the state assemblies by outlining the different subjects under List I for the Union, List II for the State, and List III ...