The Daily Guardian
In my last piece, I had continued with my discussion on Section 124A of the IPC with reference to Constituent Assembly Debates…
Tag: constituent assembly
Constituent Assembly debates on sedition: Part 1
The Daily Guardian
In this piece, continuing with my discussion on sedition from the last three pieces, I will examine the Constituent Assembly debates on sedition…
Continue reading Constituent Assembly debates on sedition: Part 1
The Indian position on the issue of sedition
The Daily Guardian
It is sometimes claimed in popular discourse that the Constituent Assembly was dead set against the inclusion of sedition as a restriction on free speech and expression…
Continue reading The Indian position on the issue of sedition
The colonial origins and constitutionality of ‘sedition’
The Daily Guardian
The law of sedition, specifically Section 124A of the Indian Penal Code (IPC), has been the subject of intense debate over the last few years…
Continue reading The colonial origins and constitutionality of ‘sedition’
Is judiciary part of the ‘State’ under Article 12?
The Daily Guardian
On the basis of this history, it can be reasonably stated that Part III of the Constitution, which deals with fundamental rights and the remedies to enforce them, has been crafted with a view to protect fundamental rights from unreasonable and summary abridgement by legislative and executive bodies of all grades who form the “State”. The role of the judiciary is limited to exercising its power of judicial review under Articles 32 and 226 to assess the constitutional validity of such State action. …
Continue reading Is judiciary part of the ‘State’ under Article 12?
Constitutional morality, public morality and moral diversity
The Daily Guardian
The pith and marrow of this discussion is that constitutional morality may be invoked on the basis of the provisions of the Constitution to question the conduct of the State and to identify the metes and bounds within which the State must operate.…
Continue reading Constitutional morality, public morality and moral diversity
Constitutional morality versus public morality
The Daily Guardian
In the last piece, this author had highlighted the views of Dr. Ambedkar on “Constitutional Morality” as expressed in the debates of the Constituent Assembly on November 4, 1948. While his views on the subject cannot be interpreted as being representative of the entire Assembly, at the very least what can certainly be inferred is that one school of thought represented by Dr. Ambedkar interpreted constitutional morality as translating to respect for the values as embodied in and by the Constitution, both by the State as well as the people.…
Continue reading Constitutional morality versus public morality
Dr. Ambedkar on constitutional morality
The Daily Guardian
There are quite a few myths that abound in relation to the Indian Constitution, in particular in relation to its preparation and its nexus with the Government of India Act, 1935. Contrary to popular perception which gives the impression that the Constitution is the product of a solo act, the history of the framing of the document tells us that the first draft of the Constitution was prepared by the Constitutional Advisor to the Constituent Assembly, Shri Benegal Narsing Rau.…
Yukti 