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The judgement left Parliament with no power to curtail Fundamental Rights. To abrogate the ruling, the government intended to amend article 368 to provide expressly that Parliament has power to amend any provision of the Constitution, thereby bringing Fundamental Rights within the scope of its amending procedure. [6]
Article 13 of the Constitution of the Federated States of Micronesia, which consists of general provisions. Article 13 of the Constitution of India, laws inconsistent with or in derogation of the fundamental rights to be void; Article 13 of the Constitution of Italy, which is the Italian equivalent of a bill of rights in common law jurisdictions.
Article 35 of the Indian Constitution is a provision that gives the Parliament the exclusive power to make laws on certain matters related to the fundamental rights, such as the reservation of public employment, the application of fundamental rights to the armed forces, the restriction of fundamental rights during martial law, and the ...
The Directive Principles have been used to uphold the Constitutional validity of legislations in case of a conflict with the Fundamental Rights. Article 31C, added by the 25th Amendment in 1971, provided that any law made to give effect to the Directive Principles in Article 39(b)–(c) would not be invalid on the grounds that they derogated ...
The judgement left Parliament with no power to curtail Fundamental Rights. [3] The Supreme Court, by thin majority of 6:5, held that a constitutional amendment under Article 368 of the Constitution was an ordinary 'law' within the meaning of Article 13(3) of the Constitution.
In addition to Article 13, Articles 32, 226 and 227 provide the constitutional basis for judicial review. [73] Due to the adoption of the Thirty-eighth Amendment, the Supreme Court was not allowed to preside over any laws adopted during a state of emergency which infringe fundamental rights under article 32 (the right to constitutional remedies ...
Article 30: Right of minorities to establish and administer educational institutions; the right to constitutional remedies (Article 32 and 226): [12] Article 32: Right to move the Supreme Court for the enforcement of Fundamental Rights; Article 226: Power of High Courts to issue certain writs for the enforcement of Fundamental Rights [13]
Constitutional amendment under article 368 allows peaceful division of the country provided fundamental rights (Article 13) are ensured in all the resultant countries. The constitution (ninth amendment) act, 1960 is an example which has ceded territory to old Pakistan. [15]