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Test of Direct and inevitable effect| Constitutional Law

We all know that the Hon’ble Supreme Court of India is the guardian of our Constitution and protector of our Fundamental Rights.  Under Art.32 of the Indian Constitution, we can approach the Supreme Court of India to uphold our fundamental rights and if there is any infringement of such rights, we can enforce it through orders, directives or writs.  The test of Direct and Inevitable effect and Evolution of this doctrine: In the landmark case of A.K Gopalan V Union of India, the detention of the applicant was challenged under the grounds that it infringes Art.19(1) of the Constitution. The court observed the right approach is to look into the directness of the legislation and not what will be the consequences of the detention. The same was observed in Ram Singh and others V State of Delhi.  It was in the case of Express Newspaper Pvt Ltd V Union of India, N. H. Bhagawati. J, formulated the doctrine of “direct and inevitable effect” which is also known as “intended or real ...

Law, Morality and Emotional Regulation

          The law is the catalyst of morality. We are humans and we tend to have a 6th sense. The sense to act as we think. Our thinking is affected by our emotions. Our cognitive ability is pretty complex to understand normally but it’s simple to say that we are emotional beings and we know to communicate the emotions through actions and words.  So such actions can either be good or bad. Moral and immoral.  It’s good when it’s a greater good. It’s bad when it’s a serious threat to such greater good.  And to chuck off immorality and make us move towards the path of greater good, law exists! A person between closed doors can’t be governed by the state directly. There’s no watch-man to one’s virtues except the self. To take you to a better direction, the sense of morality is important. It’s a powerful tool to build a healthy society.       So now that we get some connection between law, moralit...