LEGALEYE

                                         Uniform Civil Code: A Delicate Idea                                                                                                Aadisha Dhaliwal* Introduction Article 44 of the Indian Constitution introduces the concept of The Uniform Civil Code. It asks the State to strive for implementation of consistent laws pertaining to personal matters like marriage, inheritance, divorce, adoption etc. This call for uniformity comes in a nation marked by uncountable religious beliefs, where a move of even a district to another could greet one with a cultural shock and where a fundamental characteristic is the co...

  Abrogation of Article 370 : An Evaluation Aadhisha Dhaliwal* Historical Background of Article 370 The story of Article 370 begins from the colonial era. Under the British rule, India was made up by Provinces and Princely States. While the Provinces were directly controlled by the British, the Princely States were governed by local rulers, provided they accept British supremacy. As India gained Independence, such supremacy or suzerainty of the British crown over the Princely States also ceased to operate. The last Viceroy- Lord Mountbatten came up with two options for the newly independent Princely States which were 565 in number. They could either sign an Instrument of Accession to merge themselves with either Pakistan or India or they could opt for a Standstill Agreement which would allow them to remain independent, to create a new country of their own. Before 15 th August, 1947, all Princely States except Hyderabad, Junagadh and Jammu and Kashmir had signed the Instrumen...

  ‘Procedure Established by Law’ and ‘Due Process’ Clause in The Context of Indian Constitutional Law                     Aadisha Dhaliwal* The question of the phrase ‘procedure established by law’ used in Article 21 takes us back to the debates of the Constituent Assembly. Initially, the phrase ‘due process of law’ from The American Constitution, was to be used instead. However, in 1947, Justice Frakfurter of the US Supreme Court suggested Prof. B.N. Rau- the advisor to the Constituent Assembly, against its use, citing the reason of judicial overreach. This article begins with a brief description and history of the ‘due process’ clause and then proceeds to understanding Justice Frankfurt’s apprehensions against the term, drawing the difference between the two terms i.e. ‘due process’ and ‘procedure established by law’ and finally, discusses their importance in the context of Indian Constitutional Law. The ‘due process’ c...