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The Supreme Court’s Advisory Jurisdiction in Indian Constitutional History

Recently, the President of India referred 14 legal issues for the Supreme Court’s opinion under Article 143(1) of the Constitution of India, 1950 [‘the Constitution’]. These issues relate broadly to the respective powers of the President, state Governors, and the Indian Courts (especially the Supreme Court) with respect to bills passed by state legislatures. This […]

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Desk Brief: Indian Framers Deliberately Chose ‘Union of States’

On 2 February 2022, in Parliament, a leader of the Congress Party referred to India as a ‘Union of States’. This has offended the BJP and triggered political controversy. A BJP MP has now filed a breach of privilege notice against the Congress MP. The notice expresses a concern that the manner in which the […]

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This Month in Constitution-Making (September 1949): Constituent Assembly Settles on a Name for the Union

The Draft Constitution of India 1948 opened with Article 1 that stated ‘India shall be a Union of States’. When Article 1 was taken up for discussion in the Constituent Assembly, some members gave notice of amendments that proposed alternatives to ‘India‘ which included ‘Bharat’, ‘Bharat Varsha’, and ‘Hindustan’. Drafting Committee member Ananthasayanam Ayyangar requested […]