An order under art. However the only ground on which the decision of the government can be challenged is that it is based on mala fide and irrelevant considerations. Protection of life and personal liberty No person shall be deprived of his life or personal liberty except according to procedure established by law Protection of life and personal liberty is also stated under right to life and personal liberty.
Executive Immunity As a general rule, sitting presidents enjoy immunity from civil suit for damages arising from actions taken while in office. However, in Clause 6 of Article 19 was amended by the Constitution 1st Amendment Act so as to authorize. The applicant or the person for whom the application is made must be in the custody.
This section needs expansion.
All other rights are derived from these rights as direct implications or application of their principles. However, the right to life and personal liberty cannot be suspended.
The writ consists in a command from the Court of the production of the person detained or imprisoned and through this writ the Court makes an inquiry into the cause of imprisonment. Among all, the right to life and liberty is considered to be the most basic.
This power is wider than the power conferred on the High Court to control the inferior courts through writs under article The court held that the last portion of regulation 46 i c struck down.
Parliamentary procedure Another main function of constitutions may be to describe the procedure by which parliaments may legislate. The Legislaturethe Executive and the Judiciary. Under the clause, once a bill has been passed in identical form by both houses of Congress, with a two thirds majority in both houses, it becomes federal law.
The act, order or judgment in respect of which the writ is sought to be issued should be the act, order or judgment of an inferior court or statutory body exercising judicial or quasi-judicial functions. Joneswhich held that sitting Presidents could in fact be sued for actions undertaken before taking office or for actions which are unrelated to the presidential office.
State of Maharashtra The grounds mentioned above are sufficient to quash the orders are self explanatory. Nature and scope of the SLP. A decree of damages is not a punishment and the rule of double jeopardy has no application, Case: Further, all the individuals are subject to the jurisdiction of the court.
The session Judge affirmed the order of the Magistrate. OR What is the scope of the right to freedom of speech and expression? Can such orders of transfer be judiciary reviewed: This principle was first established in the Magna Carta.
It became enforceable against citizens as well as non-citizens after the constitutional impediment was removed.
Ist amendment friendly relation should be maintained with other countries. If the valid and invalid provisions are so inextricably mixed up so that they cannot be separated from the other, then the invalidity of a portion must result in the invalidity of the Act in its entirety.
The rule of law[ edit ] The doctrine of the rule of law dictates that government must be conducted according to law.
Several Acts such as: Freedom to practice any profession or to carry on any occupation, trade or business on which the State may impose reasonable restrictions in the interest of the general public. Writ of Prohibition can be issued to a judicial or quasi-judicial body which is inferior to the issuing court.
It will, however, be open to the Corporation to make suitable amendments.Constitutional Law-2 UNIT - I. 1. What do mean by SLP? Nature and scope of the SLP. The legislature has the power to alter the existing law and has power to validate a law retrospectively subject to constitutional limitations an ancillary power to legislate on the particular subject.
Class Notes on Constitutional Law – Unit I (1st Sem / 3 year LL.B) UNIT I Introduction to Indian Constitution The framing of the Constitution was completed on November 26, when the Constituent Assembly formally adopted the new Constitution. The Constitution came into force with effect from January 26, The Constitution contains the.
1 CONSTITUTIONAL LAW II LLB I Part 1 is taught by Prof Ben Sihanya; Part 2 by Dr Kiarie Mwaura (as indicated in the relevant sections) Prof Ben Sihanya, JSD (Stanford) Scholar, Intellectual Property, Constitutionalism, and Education.
LLB Part 1 Constitutional Law Punjab University Lahore Past Papers of all previous years are uploaded here. Students can download PU. constitutional law - (part - 2) llb - sem Preamble declares that people of India are the source of the constitution of India.
Constitutional law is a type of body of law that deals specifically with the State, including legislature, judiciary, and executive. For those students of law that wish to pursue a specialized degree in this field, a variety of programs exist.Download