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The debate over Recall of elected representatives has a long history in the Indian democracy; the matter was even discussed in the Constituent Assembly. The debate was centered on the belief that the Right to Recall must accompany the Right to Elect and the voters must be provided with a remedy 'if things go wrong'.
The Constitution (First Amendment) Act, 1951, enacted in 1951, made several changes to the Fundamental Rights provisions of the Indian constitution.It provided means to restrict freedom of speech and expression, validation of zamindari abolition laws, and clarified that the right to equality does not bar the enactment of laws which provide "special consideration" for weaker sections of society.
Freedom of speech and expression includes right to impart and receive information which includes freedom to hold opinions". In Indian Express v. Union of India, [10] it has been held that the press plays a very significant role in the democratic machinery. The courts have duty to uphold the freedom of press and invalidate all laws and ...
BE it enacted by Parliament in the Thirty-ninth Year of the Republic of India as follows:- 1. Short title This Act may be called the Constitution (Sixty-first Amendment) Act, 1988. 2. Amendment of article 326 In article 326 of the Constitution, for the words "twenty-one years", the words "eighteen years" shall be substituted. [1]
A recall election (also called a recall referendum, recall petition or representative recall) is a procedure by which voters can remove an elected official from office through a referendum before that official's term of office has ended. Recalls appear in the constitution in ancient Athenian democracy. [1]
The term right of recall can mean: The right of citizens to recall a representative or executive Right to Recall laws in India; The right of an employee under a collective bargaining agreement to be recalled to employment within a specified period after being laid off
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"Justice Khanna was right in holding that the recognition of the right to life and personal liberty under the Constitution does not denude the existence of that right, apart from it nor can there be a fatuous assumption that in adopting the Constitution the people of India surrendered the most precious aspects of the human persona, namely, life ...