1.Sovereignty🔰
It means a country or a state to be free from external controls. It implies the state with absolute power and free from any kind of dominance. The constitution is the supreme law of the land, but the source of the constitution is “the people of India. Preamble itself declares that it is the resolution of “we the people of India.”
2.Fundamental Rights🔰
Fundamental rights are available in Part III of the Constitution. These rights are guaranteed to the people of India and few rights only to the citizens. The rights are available against the state. Fundamental rights are also known as constitutional rights, but all constitutional rights are not fundamental rights. Article 13 makes every law null and void to the extent it violates fundamental rights.
3. What is Doctrine of Severability🔰
This doctrine comes into application when the validity of any part of statute or law is in question. It is argued that whether the whole statute should be declared null and void or only that part which violates fundamental rights. The doctrine says that if the invalid part can be separated from the statute, then that part must be severed and declared as void. The whole statute remains valid after severing the invalid part. But if in case the part cannot be separated, then the whole act is declared void.
4. What is Doctrine of Eclipse🔰
This doctrine applies to pre-constitutional laws – the laws which were operative before the constitution came into force. Any pre-constitutional law which violates fundamental rights becomes inoperative from the day constitution comes into operation. Any law that violates fundamental rights can’t remain valid. Such law, which becomes unconstitutional or invalid, comes under the shadow of fundamental rights like the sun comes under the shadow of the moon. This is called the doctrine of eclipse.
Famous case: ☑️Bhikaji Narain vs. the State of Madhya Pradesh
5. Writs under Article 32 and Article 226🔰
A writ is an order or direction issued by the court. There are five kinds of writs mentioned in the constitution. The Supreme Court has the power to issue writs under Article 32 for violation of fundamental rights and the High Courts under Article 226 for violation of fundamental rights as well as legal rights. The scope for issuing writs is wider with the High Courts in comparison to the Supreme Court.
👉The five kinds of writs are:-
✍Habeas corpus means “to present the body.”
✍Mandamus means a “command” to public authority.
✍Quo warranto means “what is your authority to hold office.”
✍Prohibition means “to prohibit” the inferior court from exceeding its jurisdiction.
✍Certiorari means “to certify” the proceedings of inferior court.
6. Indemnity and Guarantee🔰
Section 124 of the Indian Contract Act says that if in a contract one party promises to save the other party from any loss incurred, it is called contract of indemnity. The party who promises is indemnifier and to whom promise is made is indemnity holder.
@LLBsubject
Section 126 of the Indian Contract Act defines the contract of guarantee. It is performed by a third person called surety. There are three parties to the contract – that is, the principal debtor who borrows money, creditor who gives money, and surety who ensures to discharge the liability of the debtor in case of default.
It means a country or a state to be free from external controls. It implies the state with absolute power and free from any kind of dominance. The constitution is the supreme law of the land, but the source of the constitution is “the people of India. Preamble itself declares that it is the resolution of “we the people of India.”
2.Fundamental Rights🔰
Fundamental rights are available in Part III of the Constitution. These rights are guaranteed to the people of India and few rights only to the citizens. The rights are available against the state. Fundamental rights are also known as constitutional rights, but all constitutional rights are not fundamental rights. Article 13 makes every law null and void to the extent it violates fundamental rights.
3. What is Doctrine of Severability🔰
This doctrine comes into application when the validity of any part of statute or law is in question. It is argued that whether the whole statute should be declared null and void or only that part which violates fundamental rights. The doctrine says that if the invalid part can be separated from the statute, then that part must be severed and declared as void. The whole statute remains valid after severing the invalid part. But if in case the part cannot be separated, then the whole act is declared void.
4. What is Doctrine of Eclipse🔰
This doctrine applies to pre-constitutional laws – the laws which were operative before the constitution came into force. Any pre-constitutional law which violates fundamental rights becomes inoperative from the day constitution comes into operation. Any law that violates fundamental rights can’t remain valid. Such law, which becomes unconstitutional or invalid, comes under the shadow of fundamental rights like the sun comes under the shadow of the moon. This is called the doctrine of eclipse.
Famous case: ☑️Bhikaji Narain vs. the State of Madhya Pradesh
5. Writs under Article 32 and Article 226🔰
A writ is an order or direction issued by the court. There are five kinds of writs mentioned in the constitution. The Supreme Court has the power to issue writs under Article 32 for violation of fundamental rights and the High Courts under Article 226 for violation of fundamental rights as well as legal rights. The scope for issuing writs is wider with the High Courts in comparison to the Supreme Court.
👉The five kinds of writs are:-
✍Habeas corpus means “to present the body.”
✍Mandamus means a “command” to public authority.
✍Quo warranto means “what is your authority to hold office.”
✍Prohibition means “to prohibit” the inferior court from exceeding its jurisdiction.
✍Certiorari means “to certify” the proceedings of inferior court.
6. Indemnity and Guarantee🔰
Section 124 of the Indian Contract Act says that if in a contract one party promises to save the other party from any loss incurred, it is called contract of indemnity. The party who promises is indemnifier and to whom promise is made is indemnity holder.
@LLBsubject
Section 126 of the Indian Contract Act defines the contract of guarantee. It is performed by a third person called surety. There are three parties to the contract – that is, the principal debtor who borrows money, creditor who gives money, and surety who ensures to discharge the liability of the debtor in case of default.