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EMERGENCY PROVISION

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Preamble of India/indian constitution

Preamble of India The ‘ Objectives Resolution ’, drafted and moved by Pandit Jawaharlal Nehru in the Constituent Assembly on 13 December 1946 is the basis of the preamble of Indian Constitution, and adopted by the Constituent Assembly on 22 January 1947 . INGREDIENTS OF THE PREAMBLE The Preamble reveals four ingredients or components: 1. Source of authority of the Constitution : The Preamble states that the Constitution derives its authority from the people of India. 2. Nature of Indian State : It declares India to be of a sovereign, socialist, secular democratic and republican polity. 3. Objectives of the Constitution : It specifies justice, liberty, equality and fraternity as the objectives. 4. Date of adoption of the Constitution : It stipulates November 26, 1949 , as the date. “ W e, THE PEOPLE OF INDIA , having solemnly resolved to constitute India into a SOVEREIGN, SOCIALIST, SECULAR, DEMOCRATIC REPUBLIC and to secure to all...

Financial Emergency - Article 360

Financial Emergency - Article 360 ➤ Article - 360 (1) - President can proclaim financial emergency . If he is satisfied that the financial stability or goodwill of India or any part thereof is in jeopardy . Keep in mind that the satisfaction of the President here means the satisfaction of the Union Cabinet. But this announcement does not require the written advice of the Cabinet. ➤ This proclamation by the President can be withdrawn or changed at any time by a subsequent proclamation. Such declaration does not require any parliamentary approval. - Article 360 (2) Period of Proclamation ➥ Proclamation of financial emergency remains in force for 2 months without Parliament's approval . But, if the Parliament approves this proclamation two months before a simple majority , it will remain in force for an indefinite period . Since it is for undesired period, it does not require repeated approval . Note : - The maximum time limi...

RIGHT TO EQUALITY:-Equality before the law/ Prohibition of discrimination/Equality of Opportunity/ Abolition of Untouchability/ Abolition of Titles

RIGHT TO EQUALITY Articles 14 to 18 provide the right to equality in Part 3 of the Constitution . Equality before the law Article 14 : - the state shall not deny to any ‘person’ equality before the law or the equal protection of the laws within the territory of india. Natural justice is embedded in it. ' Person ' - citizen, non-citizen and legal person (corporation, company etc.) Equality before the law - that is, there is no small big before the law. Every person is subject to the law of the country. • Concept derived from the British Constitution • A negative concept • This is similar to Daiichi's rule of law .. Equal Protection of the Law ’ s - In any method made in the country, everyone will get equal protection without any discrimination. • Concept derived from US Constitution • A positive concept Note: - Article 14 prohibits class discrimination but allows classification i.e. the law will be same for the people ...

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EMERGENCY PROVISION

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