What Are Directive Principles of State Policy The Directive Principles of State Policy (DPSP) are a set of guidelines, principles, or provisions given to the federal institutions that administer India’s state to formulate laws and policies. These provisions, found in Part IV (Article 36-51) of the Indian Constitution, are not enforceable by any court, but the principles they establish are considered irrefutable (impossible to deny or disprove) in the country’s governance, making it the state’s responsibility to apply these principles in making laws to establish a just society. Economic and socialist, political and administrative, justice and legal, environmental, monument protection, and peace and security are the categories in which Directive Principles are categorized. Genesis of Directive Principles of State Policy The Directive Principles of the Irish Constitution about social fairness, economic welfare, foreign policy, and legal and administrative affairs inspired the DPSP f...
Nudum Pactum The term ‘Nudum Pactum’ has been derived from Latin terminology which means a naked agreement. The adage denotes an agreement made without any consideration. As per law, a contract is only enforceable when it is inclusive of the basic requirement of consideration. Consideration is defined as a promise to pay money, valuable things, or any other perk as discussed by the parties engaged in the contract or agreement. Where there is no consideration that is a nudum pactum, and hence such a contract is neither enforceable nor valid. A nudum pactum might be made verbally or in writing. Since these agreements are unenforceable, they may not be pursued in court. This indicates that these agreements do not come under the categories of agreements that can lead to legal action. Such agreement may constitute a modification or exemption to an existing duty. The contract, on the other hand, is regarded as legitimate if it is sealed. Furthermore, some contracts,...
14 FAMOUS CASES RELATED TO ARTICLE 21 Case Laws Related To Article 21 Right To Life And Personal Liberty ○ A.K Gopalan vs. the State of Madras, 1951 Hon’ble Supreme Court held that the protection of Article 21 is available only against the executive action. But legislative may deprive a person by making a law. ○ Maneka Gandhi vs. UOI, 1978 In this case, Hon’ble Supreme Court held that the protection of Article 21 is available not only against executive action but also against legislative. In simple words, the legislature cannot deprive a person of the right to life and personal liberty even by making a law. A person can only be deprived of his right to life and personal liberty by the procedure, which is established by law. For example, death sentence while satisfying rarest of the rare case theory. Scope Of Article 21 The right to life does not mean only animal existence. Under this ...
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