84. Oath of civil officers. 85. Before whom taken. 86. Form of commissions. 87. Form of writs. 88. Form of indictments, etc. 89. Suicides and deodands. 90. Existing laws continued if not repugnant. 91. Habeas corpus. 92. Enacting style of statutes. 93. Governor and judges prohibited from holding other offices. 94. Incompatibility of offices; only two offices of profit to be holden at same time. 95. Incompatibility of certain offices. 96. Bribery and corruption disqualify for office. 97. [Repealed, 1950.] 98. Constitution, when to take effect. 99. [Repealed, 1980.] 100. Alternate methods of Proposing amendments. 101. Enrollment of constitution.
essay on article 21 of the constitution
The Fundamental Rights of India are enshrined in Part III (Articles 12 to 35) of the Constitution. They lay down universal, constitutionally-guaranteed rights essential for the existence and development of all individuals such as the Right to Equality, Right to Freedom, Right against Exploitation, etc. Any breach of Fundamental Rights is considered severe and the Supreme Court of India can be approached directly under Article 32 for constitutional remedies.
In the case of Abdul Hakim Qureshi v. State of Bihar (1961), the Supreme Court heard a petition regarding the constitutionality of cow slaughter ban laws in Bihar. The Petitioner contended that the laws breached the fundamental right to freedom of religion (under Article 25) of Muslims by preventing them from freely practicing traditions of their religion such as sacrificing cows on Bakr-Id Day. The Supreme Court of India upheld that none of the Islamic texts like the Hidaya or the Quran mandated cow slaughter and they allowed for a goat or camel to be sacrificed instead. Therefore, according to the Court a total ban on cow slaughter did not infringe on the religious freedom of Muslims. In the context of Article 48, the Court held that directive only applies to cows, calves and other animals which have the potential of yielding milk or have the capacity to work as drought. Therefore, Article 48 does not envisage a prohibition on the slaughter of all cows or cattle.
The Fundamental Duties of the citizens of India are enshrined in Article 51A (Part IV-A) of the Constitution. The Article was brought in by way of the 42nd Amendment of 1976 to bring the Indian Constitution in accordance with Article 29(1) of the Universal Declaration of Human Rights. While Fundamental Duties are unenforceable in courts, they are often resorted to in the interpretation of constitutional and other matters.
To save this article to your Dropbox account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you used this feature, you will be asked to authorise Cambridge Core to connect with your Dropbox account.Find out more about saving content to Dropbox.
To save this article to your Google Drive account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you used this feature, you will be asked to authorise Cambridge Core to connect with your Google Drive account.Find out more about saving content to Google Drive.
Note: A portion of Article II, section 1 of the Constitution was superseded by the 12th amendment. The Electors shall meet in their respective states and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate; -- the President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted; -- The person having the greatest number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. [And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in case of the death or other constitutional disability of the President. --]* The person having the greatest number of votes as Vice-President, shall be the Vice-President, if such number be a majority of the whole number of Electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States. *Superseded by section 3 of the 20th amendment.
After one year from the ratification of this article the manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all territory subject to the jurisdiction thereof for beverage purposes is hereby prohibited.
This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress.
The terms of the President and the Vice President shall end at noon on the 20th day of January, and the terms of Senators and Representatives at noon on the 3d day of January, of the years in which such terms would have ended if this article had not been ratified; and the terms of their successors shall then begin.
This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission.
This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by conventions in the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress.
This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission to the States by the Congress.
A number of electors of President and Vice President equal to the whole number of Senators and Representatives in Congress to which the District would be entitled if it were a State, but in no event more than the least populous State; they shall be in addition to those appointed by the States, but they shall be considered, for the purposes of the election of President and Vice President, to be electors appointed by a State; and they shall meet in the District and perform such duties as provided by the twelfth article of amendment.
The Constitution has since been amended a number of times in accordance with proposals adopted by the legislature or by constitutional convention and ratified by the people. The source of these amendments is indicated in the source notes immediately following the text of the amended or new section.
We reaffirm our belief in a government of the people, by the people and for the people, and with an understanding and compassionate heart toward all the peoples of the earth, do hereby ordain and establish this constitution for the State of Hawaii. [Am Const Con 1978 and election Nov 7, 1978]
Section 1. The legislative power of the State shall be vested in a legislature, which shall consist of two houses, a senate and a house of representatives. Such power shall extend to all rightful subjects of legislation not inconsistent with this constitution or the Constitution of the United States.
In computing the number of days designated in this section, the following days shall be excluded: Saturdays, Sundays, holidays and any days in which the legislature is in recess prior to its adjournment as provided in section 10 of this article. [Am Const Con 1968 and election Nov 5, 1968; am SB 1943-74 (1974) and election Nov 5, 1974; ren and am Const Con 1978 and election Nov 7, 1978]
Section 7. Regardless of whether or not a senator is serving a term that would have extended past the general election at which an apportionment plan becomes effective, the term of office of all senators shall end at that general election. The staggered terms of senators in each district shall be recomputed as established by the next section in this article, and the number of senators in a senatorial district under the reapportionment plan of the commission. [Add Const Con 1978 and election Nov 7, 1978; am SB 2234 (1992) and election Nov 3, 1992; am HB 1 (2000 2d) and election Nov 7, 2000]
Section 9. The commission shall, at such times as may be required by this article and as may be required by law of the United States, redraw congressional district lines for the districts from which the members of the United States House of Representatives allocated to this State by Congress are elected. [Add Const Con 1978 and election Nov 7, 1978] 2ff7e9595c
Comments