Blogs of Ankush

  Continuing the Right to Freedom of Religion, Article 27 protects individuals from being compelled to pay taxes for the promotion or maintenance of any particular religion. It ensures that public funds are not used to favour one religion over others. The purpose of Article 27 is to maintain the secular character of the Indian State. Since India does not follow any state religion, the government cannot force citizens to financially support religious activities through taxation. However, this does not mean that the State cannot collect general taxes that may indirectly benefit religious institutions, such as funding for infrastructure or heritage conservation. The key principle is that taxes cannot be specifically imposed to promote or support a particular religion. For example, a law requiring citizens to pay a special tax exclusively for building or maintaining a religious institution would violate Article 27. But general administrative charges or regulatory fees are permitted...

Following Article 25, which guarantees individual freedom of religion, Article 26 protects the collective rights of religious denominations. It grants every religious denomination or section thereof the right to manage its own religious affairs. Article 26 provides four key rights: to establish and maintain religious institutions, to manage its own affairs in matters of religion, to own and acquire property, and to administer such property in accordance with law. These rights allow religious groups to function independently within the constitutional framework. However, these freedoms are subject to public order, morality, and health. The State may regulate secular activities associated with religious institutions, such as financial management or property administration, but it cannot interfere in essential religious practices without valid constitutional grounds. Courts often examine whether a practice is religious in nature or secular in character when disputes arise. This helps m...

  After protecting equality and safeguarding children from exploitation, the Constitution moves to the Right to Freedom of Religion under Article 25 . This Article guarantees to all persons the freedom of conscience and the right to freely profess, practise, and propagate religion. Freedom of conscience means that every individual has the right to believe or not believe in any religion. The right to profess allows a person to declare their faith openly, while the right to practise includes performing religious rituals and customs. The right to propagate permits sharing religious beliefs with others. However, this freedom is not absolute. Article 25 is subject to public order, morality, health, and other Fundamental Rights. The State may also regulate secular activities associated with religious practices and introduce social reforms. For example, practices that violate public safety or fundamental rights may be restricted by law. Courts often examine whether a particular practi...

India's education landscape is undergoing a significant transformation, driven by the rise of EdTech platforms. With the COVID-19 pandemic accelerating the shift to online learning, EdTech has become a crucial component of India's digital education ecosystem. From online courses and virtual classrooms to AI-powered learning tools, EdTech is revolutionizing the way students learn and teachers teach. EdTech platforms like Byju's, Unacademy, and Vedantu are providing access to quality education to students across the country, bridging the gap between urban and rural areas. These platforms offer personalized learning experiences, interactive content, and real-time feedback, making learning more engaging and effective. Moreover, EdTech is also enabling teachers to reach a wider audience, enhance their teaching skills, and access resources and training. As India aims to achieve its education goals, EdTech is poised to play a vital role in shaping the future of learning. The gover...

  Continuing the Fundamental Rights under Part III, Article 24 provides protection to children by prohibiting their employment in hazardous industries. It states that no child below the age of 14 years shall be employed in any factory, mine, or other hazardous occupation. The purpose of Article 24 is to safeguard children from exploitation and to ensure that their childhood is protected. Instead of being forced into unsafe labour, children are expected to receive education, care, and opportunities for healthy development. This Article works together with other constitutional provisions, such as the Right to Education under Article 21A and various child protection laws enacted by Parliament. These laws regulate working conditions and prohibit child labour in dangerous environments. Although child labour in non-hazardous family-based activities has been debated in policy discussions, hazardous employment remains strictly prohibited under the Constitution. Thus, Article 24 reflects In...

After Article 22 safeguards personal liberty during arrest and detention, Article 23 addresses a serious violation of human dignity: human trafficking and forced labour . Article 23 prohibits trafficking in human beings, begar, and other forms of forced labour. Trafficking refers to the illegal trade and exploitation of people, especially women and children, for purposes such as forced work or abuse. Begar means forcing a person to work without payment or against their will. Article 23 ensures that such practices are unconstitutional and punishable by law. This Article is important because it protects vulnerable sections of society from exploitation and upholds the principle of freedom and dignity. It applies not only against the State but also against private individuals and organisations. To enforce Article 23, Parliament has enacted laws such as the Immoral Traffic (Prevention) Act and other labour protection legislations. Courts have also interpreted forced labour broadly to incl...

Deepfakes are AI-generated images, videos, or audio recordings that can make someone appear to say or do something they never actually did. With rapid advances in artificial intelligence, deepfakes have become a serious concern, especially when used for harassment, misinformation, fraud, or reputational harm. AI misuse through deepfakes can affect individuals in many ways. Fake videos may be used to spread false news, damage someone’s dignity, or create misleading political or social narratives. In some cases, deepfakes are also used for cybercrime, such as impersonation, blackmail, or identity theft. Indian law does not yet have a single “deepfake law,” but existing legal provisions offer protection. Acts involving deepfakes may attract liability under laws related to defamation, privacy violations, identity misuse, cyber harassment, and obscenity , along with provisions under the Information Technology framework. Victims of deepfake misuse can report content to online platforms fo...

  𝑪𝒚𝒃𝒆𝒓𝒃𝒖𝒍𝒍𝒚𝒊𝒏𝒈 𝒂𝒎𝒐𝒏𝒈 𝒕𝒆𝒆𝒏𝒂𝒈𝒆𝒓𝒔 𝒉𝒂𝒔 𝒃𝒆𝒄𝒐𝒎𝒆 𝒂 𝒈𝒓𝒐𝒘𝒊𝒏𝒈 𝒄𝒐𝒏𝒄𝒆𝒓𝒏 𝒊𝒏 𝒕𝒉𝒆 𝒅𝒊𝒈𝒊𝒕𝒂𝒍 𝒂𝒈𝒆. 𝑾𝒊𝒕𝒉 𝒕𝒉𝒆 𝒘𝒊𝒅𝒆𝒔𝒑𝒓𝒆𝒂𝒅 𝒖𝒔𝒆 𝒐𝒇 𝒔𝒐𝒄𝒊𝒂𝒍 𝒎𝒆𝒅𝒊𝒂, 𝒎𝒆𝒔𝒔𝒂𝒈𝒊𝒏𝒈 𝒂𝒑𝒑𝒔, 𝒂𝒏𝒅 𝒐𝒏𝒍𝒊𝒏𝒆 𝒑𝒍𝒂𝒕𝒇𝒐𝒓𝒎𝒔, 𝒉𝒂𝒓𝒂𝒔𝒔𝒎𝒆𝒏𝒕 𝒊𝒔 𝒏𝒐 𝒍𝒐𝒏𝒈𝒆𝒓 𝒍𝒊𝒎𝒊𝒕𝒆𝒅 𝒕𝒐 𝒔𝒄𝒉𝒐𝒐𝒍𝒔 𝒐𝒓 𝒑𝒉𝒚𝒔𝒊𝒄𝒂𝒍 𝒔𝒑𝒂𝒄𝒆𝒔. 𝑶𝒏𝒍𝒊𝒏𝒆 𝒂𝒃𝒖𝒔𝒆 𝒄𝒂𝒏 𝒇𝒐𝒍𝒍𝒐𝒘 𝒂 𝒑𝒆𝒓𝒔𝒐𝒏 𝒆𝒗𝒆𝒓𝒚𝒘𝒉𝒆𝒓𝒆, 𝒂𝒇𝒇𝒆𝒄𝒕𝒊𝒏𝒈 𝒎𝒆𝒏𝒕𝒂𝒍 𝒉𝒆𝒂𝒍𝒕𝒉, 𝒄𝒐𝒏𝒇𝒊𝒅𝒆𝒏𝒄𝒆, 𝒂𝒏𝒅 𝒔𝒂𝒇𝒆𝒕𝒚. 𝑪𝒚𝒃𝒆𝒓𝒃𝒖𝒍𝒍𝒚𝒊𝒏𝒈 𝒊𝒏𝒄𝒍𝒖𝒅𝒆𝒔 𝒔𝒆𝒏𝒅𝒊𝒏𝒈 𝒕𝒉𝒓𝒆𝒂𝒕𝒆𝒏𝒊𝒏𝒈 𝒎𝒆𝒔𝒔𝒂𝒈𝒆𝒔, 𝒔𝒑𝒓𝒆𝒂𝒅𝒊𝒏𝒈 𝒓𝒖𝒎𝒐𝒖𝒓𝒔, 𝒔𝒉𝒂𝒓𝒊𝒏𝒈 𝒑𝒓𝒊𝒗𝒂𝒕𝒆 𝒊𝒎𝒂𝒈𝒆𝒔 𝒘𝒊𝒕𝒉𝒐𝒖𝒕 𝒄𝒐𝒏𝒔𝒆𝒏𝒕, 𝒄𝒓𝒆𝒂𝒕𝒊𝒏𝒈 𝒇𝒂𝒌𝒆 𝒑𝒓𝒐𝒇𝒊𝒍𝒆𝒔, 𝒐𝒓 𝒓𝒆𝒑𝒆𝒂𝒕𝒆𝒅𝒍𝒚 𝒕𝒂𝒓𝒈𝒆𝒕𝒊𝒏𝒈 𝒔𝒐𝒎𝒆𝒐𝒏𝒆 𝒐𝒏𝒍𝒊𝒏𝒆. 𝑾𝒉𝒊𝒍𝒆 𝒔𝒐𝒎𝒆 𝒎𝒂𝒚 𝒅𝒊𝒔𝒎𝒊𝒔𝒔 𝒊𝒕 𝒂𝒔 “𝒋𝒖𝒔𝒕 𝒕𝒓𝒐𝒍𝒍𝒊𝒏𝒈,” 𝒕𝒉𝒆 𝒍𝒂?...

  After Article 22 protects individuals against unlawful arrest and detention, Article 23 addresses a serious violation of human dignity: human trafficking and forced labour . Article 23 prohibits trafficking in human beings, begar, and other forms of forced labour. Trafficking refers to the illegal trade and exploitation of people, especially women and children, for purposes such as forced work or abuse. Begar means forcing a person to work without payment or against their will. Article 23 ensures that such practices are unconstitutional and punishable by law. This Article is important because it protects vulnerable sections of society from exploitation and upholds the principle of freedom and dignity. It applies not only against the State but also against private individuals and organisations. To enforce Article 23, Parliament has enacted laws such as the Immoral Traffic (Prevention) Act and other labour protection legislations. Courts have also interpreted forced labour broadl...

  Continuing after Article 21, Article 22 provides important safeguards against arbitrary arrest and detention. It ensures that personal liberty is protected when the State takes a person into custody. Article 22 grants certain rights to individuals who are arrested. It states that an arrested person must be informed of the grounds of arrest and has the right to consult and be defended by a legal practitioner of their choice. It also requires that the arrested person be produced before a magistrate within 24 hours, excluding travel time. These protections prevent unlawful detention and ensure that police power is exercised within legal limits. Article 22 forms the constitutional basis for fair treatment of accused persons during the initial stages of criminal proceedings. However, Article 22 also contains provisions relating to preventive detention, where a person may be detained without trial under specific laws for reasons of national security or public order. Even in such cas...

 One of the most significant Fundamental Rights in the Indian Constitution is Article 21 , which guarantees the Right to Life and Personal Liberty . It states that no person shall be deprived of their life or personal liberty except according to a procedure established by law. Article 21 is not limited to mere physical existence. Over time, the Supreme Court has interpreted it broadly to include the right to live with dignity. This includes rights such as the right to privacy, the right to a clean environment, the right to health, and the right to education. The importance of Article 21 lies in its role as a safeguard against arbitrary state action. It ensures that any restriction on a person’s liberty must follow fair, just, and reasonable legal procedure. For example, unlawful detention, custodial abuse, or denial of basic human dignity can be challenged under Article 21. Courts have used this Article as a powerful tool to protect citizens’ fundamental freedoms. Thus, Article...

 Continuing the Fundamental Rights under Part III, Article 20 provides important protections in respect of conviction for offences. It safeguards individuals against unfair criminal punishment and ensures that criminal law is applied justly. Article 20 contains three key protections. First, it prohibits ex post facto laws , meaning a person cannot be punished for an act that was not an offence at the time it was committed. Second, it protects against double jeopardy , ensuring that no one can be prosecuted or punished twice for the same offence. Third, Article 20 provides protection against self-incrimination , which means an accused person cannot be forced to testify against themselves. This is a crucial safeguard in criminal justice, ensuring that confessions are voluntary and not extracted through coercion. These protections help maintain fairness in criminal trials and prevent misuse of state power. Article 20 strengthens the rule of law by ensuring that punishment is lawfu...

After Articles 14 to 18 ensure equality, the Constitution moves to one of the most important freedoms in a democracy: Article 19 . This Article guarantees certain fundamental freedoms to Indian citizens, which are essential for personal liberty and democratic participation. Article 19(1) provides six key freedoms, including the freedom of speech and expression , the right to assemble peacefully, the right to form associations, the freedom to move freely throughout India, the freedom to reside anywhere, and the freedom to practise any profession or occupation. These freedoms allow citizens to express opinions, participate in public life, and live with dignity. For example, the freedom of speech enables people to criticise government policies, share ideas, and engage in social and political discussion. However, Article 19 is not absolute. The Constitution permits the State to impose reasonable restrictions in the interest of public order, security of the State, morality, and other sp...

  Continuing the Right to Equality, Article 18 provides for the abolition of titles . It states that the State shall not confer any title, except military or academic distinctions. This means India does not recognise hereditary or honorific titles that create artificial social hierarchies. The purpose of Article 18 is to promote equality and democracy by ensuring that no citizen is given a special status that places them above others. During colonial rule, titles such as “Sir” or “Rai Bahadur” were often used to create divisions and reward loyalty to the British government. Article 18 also prohibits Indian citizens from accepting titles from foreign states without the consent of the President. This prevents conflicts of loyalty and ensures national integrity. However, awards such as the Bharat Ratna or Padma Awards are not considered titles under this Article, as they do not confer hereditary privilege or social rank. Thus, Article 18 reinforces the idea that all citizens are e...

 After ensuring equality in law and employment, the Constitution takes an important step towards social justice through Article 17 , which abolishes untouchability . Article 17 declares that untouchability in any form is strictly prohibited and its practice is a punishable offence. This Article reflects India’s commitment to ending historical discrimination based on caste. Untouchability denied dignity, equality, and basic human rights to large sections of society for centuries. Article 17 ensures that such inhuman practices have no place in a democratic nation. The prohibition under Article 17 is absolute. It applies not only to government actions but also to private individuals and social practices. Any act that enforces untouchability, such as denying entry into temples, public places, schools, or services, is unlawful. To enforce this right, Parliament has enacted laws like the Protection of Civil Rights Act and provisions under the SC/ST (Prevention of Atrocities) Act , ma...

  Continuing the Right to Equality, Article 16 provides equality of opportunity in matters of public employment . It states that every citizen must have an equal chance to be considered for government jobs, and the State cannot discriminate on grounds of religion, race, caste, sex, descent, place of birth, or residence . This Article ensures fairness in recruitment and prevents unjust exclusion from public services. Government employment must be based on merit and equal access, so that all citizens can participate in the administration of the country. At the same time, Article 16 allows the State to make provisions for reservation in favour of backward classes, Scheduled Castes, and Scheduled Tribes if they are not adequately represented in public services. This helps promote social justice and inclusive representation. For example, reservation policies in government jobs are supported under this Article to correct historical disadvantages and ensure equality in practice. Thus, A...

  After Article 14 guarantees equality before the law, Article 15 strengthens this principle by prohibiting discrimination by the State. Article 15 states that the State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, or place of birth . This Article ensures that every citizen is treated fairly and is protected from unequal treatment in public spaces and government policies. It promotes social justice by preventing exclusion or unfair advantage based solely on identity. Article 15 also permits the State to make special provisions for women, children, and socially and educationally backward classes, including Scheduled Castes and Scheduled Tribes. This means affirmative measures are allowed to ensure real equality in society. For example, laws supporting reservations in education or protections for women are considered valid under this Article. The purpose is not to create discrimination, but to correct historical disadvantages. Thus, Arti...

  After Articles 12 and 13, the Constitution introduces one of the most important Fundamental Rights: Article 14, which guarantees the Right to Equality. Article 14 states that every person is equal before the law and is entitled to equal protection of the laws within the territory of India. This Article ensures that the State cannot treat individuals unfairly or discriminate arbitrarily. It applies to all persons, citizens and non-citizens alike, and forms the foundation of justice and fairness in a democratic society. Article 14 does not mean that everyone must be treated exactly the same in all situations. Instead, it allows reasonable classification, provided it is based on a valid and rational principle. For example, laws that provide special protections for children or disadvantaged groups are permitted if they serve a legitimate purpose. The importance of Article 14 lies in its role as a safeguard against arbitrary government action. Courts frequently use this Article to st...

  The Fundamental Rights in Part III of the Indian Constitution begin with two very important provisions: Article 12 and Article 13 . These Articles form the foundation for understanding how Fundamental Rights operate and against whom they can be enforced. Article 12 defines the meaning of the term “State” for the purpose of Fundamental Rights. It includes the Government and Parliament of India, State Governments and Legislatures, local authorities, and other bodies that are under government control. This definition is significant because Fundamental Rights are primarily meant to protect individuals from actions of the State. Article 13 strengthens Fundamental Rights by declaring that any law inconsistent with these rights is void to the extent of the violation. It also prohibits the State from making new laws that take away or restrict Fundamental Rights. This ensures that the Constitution remains supreme and courts can strike down unconstitutional laws. Together, Articles 12...

  For more than 160 years, the Indian Penal Code (IPC), 1860 served as the main criminal law of India. It defined offences such as murder, theft, cheating, and assault, along with their punishments. However, in recent legal reforms, the IPC has been replaced by a new law called the Bharatiya Nyaya Sanhita (BNS), 2023 . The biggest difference is that the IPC was drafted during British colonial rule, while the BNS is presented as a modern Indian criminal code. Although many offences remain similar, the BNS reorganises sections, updates language, and introduces provisions to address present-day challenges. The BNS includes clearer focus on crimes such as organised crime, terrorism, and group violence , which were not specifically structured in the IPC. It also aims to make punishments and procedures more consistent and victim-oriented. Another important change is the restructuring of section numbers. For example, offences like murder or theft still exist, but their section references...

 West Bengal Chief Minister Mamata Banerjee recently addressed the Supreme Court of India during hearings related to the Special Intensive Revision (SIR) of electoral rolls. Her statements were made as part of legal submissions challenging the manner in which the voter list revision process was being carried out. During the hearing, she expressed concerns that the SIR process could result in the exclusion of genuine voters . She pointed out that individuals such as women who changed their names after marriage and people who shifted residences within the state might be wrongly removed from electoral rolls due to documentation issues. Mamata Banerjee also stated before the Court that West Bengal was being specifically targeted through this process. She raised questions about the deployment of officials and observers and argued that the revision exercise could affect democratic participation if not conducted carefully. In her submissions, she emphasised the importance of fairne...

The Union Budget is one of the most important annual policy documents of the Government of India. It outlines taxation, expenditure, and economic priorities. A common question is whether such a budget can be challenged before the Supreme Court of India. In principle, the Budget as a whole is not usually challenged because it represents economic and policy decisions of the elected government. Courts generally respect the separation of powers and avoid interfering in matters of fiscal policy, which fall within the domain of Parliament and the executive. However, specific provisions of the Budget can be challenged if they violate constitutional principles. For example, if a tax provision is alleged to be discriminatory, arbitrary, or in violation of fundamental rights, affected parties may approach the courts. The Supreme Court examines such challenges on limited grounds, such as lack of legislative competence, violation of constitutional provisions, or procedural irregularities. The Cour...