Article 17: Abolition of Untouchability- Untouchability is abolished and its practice in any form is forbidden. The enforcement of any disability arising out of ―Untouchability shall be an offence punishable in accordance with law. In 1976, the Untouchability (Offences) Act,…
Article 16: Equality of opportunity in matters of public employment.— (1) There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State. (2) No citizen shall, on grounds only…
Article 15: Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.— (1) The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them.…
Article 51A. Fundamental duties.— It shall be the duty of every citizen of India— (a) to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem; (b) to cherish and follow the noble…
NOTES ON DIRECTIVE PRINCIPLES OF STATE POLICY The 42nd Amendment Act of 1976 added four new Directive Principles to the original list. They require the State: To secure opportunities for healthy development of children (Article 39). To promote equal justice…
DIRECTIVE PRINCIPLES OF STATE POLICY The Directive Principles of State Policy are enumerated in Part IV of the Constitution from Articles 36 to 51. The framers of the Constitution borrowed this idea from the Irish Constitution of 1937, which had…
Verba chartarum fortius accipiuntur contra preferentem – The words of deeds are accepted more strongly against the person offering them. Verba debent intelligi cum effectu – Words ought to be understood with effect. Verba intentioni, non e contra, debent inservire…
Ubberime fide – In utmost good faith. Ubi jus ibi remedium – Wherever there is a right, there is a remedy/For every wrong there is a remedy. Ubi non est principalis, non potest esse accessorius – Where there is no…
Talis qualis – Such as it is. Terra firma – Solid ground. Testamenta latissimam interpretationem habere debent – Testaments ought to have the broadest interpretation. Traditio loqui chartam facit – Delivery makes a deed speak. Transit terra cum onere –…
Salus populi est suprema lex – The safety of the people is the supreme law. Sans recours – With no recourse. Sciens – Knowingly. Scienter – Knowingly. Scire facias – That you cause to know. Scribere est agere – To write…
Ratio Decidendi – The rule of law on which a judicial decision is based. The reason or rationale for the decision by Court. Re – In the matter of. Reprobata pecunia leberat solventem – Money refused releases the debtor. Res…
Quaeitur – The question is raised. Quantum – How much, an amount. Quantum Merit – As much as deserved. Qui facit per alium facit per se – He who acts through another acts by himself/Liability of an employer for the…
Pacta sund servanada – Treaties are legally binding. Palimony – Money which a court orders a man to pay regularly to a woman with whom he been living and from whom he has separated. Par delictum – Equal fault. Pari Materia…
Obiter Dicta – Things which are said in passing. Remarks of a judge which are not necessary to reaching a decision, but are made as comments, illustrations or thoughts. Omne sacramentum debet esse de certa scientia – Every oath ought…
Nam nemo haeres viventis – For no one is an heir of a living person. Naturae vis maxima est – The force of nature is the greatest. Necessitas non habet legem – Necessity has no law. Necessitas publica est major…
Major continet in se minus – The greater contains the less. Mala fide – In bad faith. Mala grammatica non vitiat chartam – Bad grammar does not vitiate a deed. Mala in se – Bad in themselves. Mala prohibita –…
Laissez-faire – Political theory where a government does nothing to control the market. The policy of leaving things to take their own course, without interfering. Leges posteriores priores contrarias abrogant – Subsequent laws repeal prior conflicting ones. Legibus sumptis desinentibus…
Jetsam – Cargo which is thrown off a sinking ship. Judex est lex loquens – A judge is the law speaking. Judex non potest esse testis in propira causa – A judge cannot be witness in his own cause. Judex…
Id est (i.e) – That is. Id quod commune est, nostrum esse dicitur – That which is common is said to be ours. Idem – The same person or thing. Ignorantia legis neminem excusat- Ignorance of law is no excuse.…
Habeas Corpus – You have the body. A writ (court order) that commands an individual or a government official who has restrained another to produce the prisoner at a designated time and place so that the court can determine the…
Generale nihil certum implicat – A general expression implies nothing certain. Generalia praecedunt, specialia sequuntur – Things general precede, things special follow. Generalia specialibus non derogant – Things general do not derogate from things special. General statements or provisions do…
Faciendum – Something which is to be done. Fatum – Beyond human foresight. Factum – An act or deed. Factum probanda – Fact in issue, which is to be proved. Factum probans – Relevant fact. Facultas probationum non est angustanda…
Ei incumbit probatio qui – The onus of proving a fact rests upon the man. Ei incumbit probatio qui dicit, non qui negat – The burden of the proof lies upon him who affirms, not he who denies. Ejusdem generis…
Article 14 – Equality before law.—The state shall not deny to any person equality before the law or the equal protection of the laws within the territory of India. The word ‘person’ includes legal persons, viz, statutory corporations, companies, registered…
Damnum sine injuria – Damage without legal injury. Del credre agent – Is a mercantile agent who in consideration of extra remuneration called a del credre commission undertakes to indemnify his principle against loss arising from the failure of persons with…