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anokhashunya0.bsky.social
@anokhashunya0.bsky.social
The 8th Amendment? [Enacted on Jan 5, 1960.]
▪️Amends Art 334 of the Constitution.
▪️Extended reservation of seats for SCs/STs in Parliament & SL.
▪️Extended Anglo-Indian nominations.
Champakam Dorairajan [1951]- The SC has upheld reservations as a facet of equality.
July 24, 2025 at 8:08 AM
7th Constitutional Amendment [Enacted on October 19, 1956]
The SRA, 1956, restructured India’s federal framework to align with linguistic & administrative realities, implementing the States Reorganisation Commission’s recommendations. It, which abolished Part A, B, C, & D state classifications.
July 23, 2025 at 8:55 AM
Article 368 of the Constitution 🇮🇳
Found in Part XX, Article 368 outlines the procedure for amending the Constitution. It allows Parliament to add, amend, or repeal provisions to adapt to changing times while maintaining stability. Ensuring it remains a living document.
July 18, 2025 at 6:54 AM
The 6th Constitutional Amendment [Sep 11, 1956]
It amended Art. 286 & the 7th Schedule to clarify the Union’s authority over interstate trade.
Addressed chaotic state taxation of interstate sales, ensuring fiscal uniformity & economic efficiency, as recommended by the TEC [1953].
July 13, 2025 at 7:30 AM
The 5th Amendment
Enacted on December 26, 1955, it amended Art 3 to streamline state reorganisation:
Empowered Parliament to alter state boundaries, names, or areas.
Authorises the Prez to set a deadline for the state.
Prevented delays in reorganisation.
July 12, 2025 at 8:21 AM
4th Constitutional Amendment 🇮🇳
Enacted on April 27, 1955.
Its core aim:
▪️Bolster the state’s power to acquire private property for public purposes..
▪️Protect land reform laws from judicial scrutiny
▪️Shield select laws in the Ninth Schedule from judicial review.
July 11, 2025 at 7:02 AM
Enacted on 22nd Feb 1955, the 3rd Amendment tweaked Entry 33 of List III (Concurrent List) in the Seventh Schedule of the Constitution.
It expanded the powers of Parliament and the states to regulate trade and commerce in key goods, including food, cattle feed, cotton, and oilseeds.
July 10, 2025 at 7:26 AM
2nd Amendment to the Indian Constitution.
Enacted in 1952, this amendment did just one thing:
Removed the upper population limit for a parliamentary constituency.
However, this minor change had a profound impact on the operation of India’s democracy.
Let’s dive into what changed
July 9, 2025 at 1:22 PM
The First Amendment [June 18, 1951]:
Goal- Balance individual rights with social justice
It was passed in just 15 months after the Constitution came into effect, demonstrating the dynamic nature of India’s legal framework.
It’s one of 106 amendments to date!
July 8, 2025 at 10:52 AM
Doctrine of Precedent?
It’s the principle that courts are bound by decisions of higher courts within the same jurisdiction. ensuring uniformity and predictability in law.
Article 141: The Bedrock
It states that the law declared by the SC is binding on all courts.
July 6, 2025 at 1:12 PM
Doctrine of Kompetenz-Kompetenz
Rooted in German legal theory, allows an arbitral tribunal to decide on issues like the existence, validity, or scope of the arbitration agreement. It’s about giving arbitrators their authority.
Sec 16 of the Arbitration & Conciliation Act, 1996.
July 4, 2025 at 6:18 AM
The Doctrine of Implied Powers?
It allows governmental bodies to exercise powers not expressly mentioned in the Constitution or statutes but deemed essential to fulfil their duties. Rooted in the maxim: “When the law grants a power, it also grants the means to execute it.”
July 3, 2025 at 7:13 AM
Sec 63, BNSS: Summons is a court order compelling appearance, issued in writing, signed, sealed, served personally, by post, courier, or electronically (Sec 65).
Case Law: Karnataka HC (2025): Notices under Sec 35, BNSS, invalid without crime number, offence details, FIR copy.
July 2, 2025 at 7:17 AM
Quo Warranto?
Latin word for "by what authority," A writ issued by the SC (Art. 32) or HC(Art. 226) to challenge the legality of a person’s claim to a public office. It prevents usurpation & ensures only qualified individuals hold such posts.
#QuoWarranto #Writs
July 1, 2025 at 7:48 AM
Writ of Certiorari: The Judiciary’s Justice Hammer
Certiorari["to be informed"] is a writ issued by a superior court (SC/HC) to a lower court/tribunal to review its decision for legal errors, jurisdictional excess, or procedural unfairness. It ensures justice aligns with the law.
June 30, 2025 at 7:25 AM
The Writ of Prohibition, a constitutional remedy u/n Arts. 32 & 226, meaning "to forbid," issued by the SC or HC, restraining lower courts/ quasi-judicial bodies from acting beyond their legal authority. It’s 'Preventive Strike', ensuring judicial discipline.
#LegalRemedy #Writs
June 29, 2025 at 6:42 AM
Writ of Mandamus
Mandamus, Latin for "we command," is a constitutional remedy under Art 32[SC] & Art 226[HC] of the Constitution. It directs a public authority to perform its legal duty.
A thread on this powerful constitutional remedy.
June 28, 2025 at 8:05 AM
A chargesheet is the police’s final investigation report, filed under Section 193 of the BNSS. It compiles evidence, witness statements, and offence details to kickstart judicial proceedings.
Unlike an FIR, it’s a detailed document for the court.
#IndianCriminalLaw
June 26, 2025 at 7:42 AM
Indian Citizenship Act, 1955:
Enacted on Dec 30, 1955, the Act operationalises Articles 5-11 of the Constitution, defining citizenship post-independence. It governs acquisition, termination, & related disputes.
Shah Mohammad [1969] SC clarified the constitutional alignment of the Act.
June 25, 2025 at 6:45 AM
Strict Liability: A Masterclass in Accountability
It's a legal principle where a person is held liable for harm caused, regardless of whether fault or negligence is proven.
Rooted in "no-fault liability," it’s a key law principle for hazardous activities. Let’s explore!👇
June 22, 2025 at 7:12 AM
Absolute Liability in India’s environmental law is a robust doctrine ensuring accountability for hazardous activities. Rooted in judicial innovation, it prioritises victim compensation & environmental protection.
Let’s explore its legal evolution!
#EnvironmentalLaw
June 21, 2025 at 7:37 AM
The legal system provides protections for women during arrest to ensure dignity & fairness
No Arrest at Night: A woman cannot be arrested after sunset or before sunrise, except in exceptional circumstances [serious crimes like murder].
Christian Community v. State- upheld this.
June 20, 2025 at 7:11 AM
What if crude oil is found on your land? Do you own it?
🔸The Oilfields (Regulation & Development) Act, 1948. It grants the central govt authority to regulate & lease oilfields for extraction.
Mines and Minerals (D & R) Act, 1957: States can grant licenses for oil extraction.
June 19, 2025 at 7:10 AM
Decoding the doctrine of Pith & Substance u/n the Constitution🇮🇳
It determines the true nature & purpose of a law to decide which legislature (Union or State) has the power to enact it.
It's about the essence of a law, not just form!
Let’s break it down! 🧵👇
June 16, 2025 at 6:42 AM
What happens when a State & a Central law clash on the same subject
Enter the Doctrine of Repugnancy. The principal acts like the referee!
Deals with the conflict b/w laws enacted by the Union & State on matters listed in List III. When disputes arise, Union law prevails
#LegalFact #Repugnancy
June 15, 2025 at 8:05 AM