Trilok Gupta's Blog

Constitution The term Constitution is derived from the Latin Word “Constitution” which means “To Establish”. It is a document containing the fundamental principles, rules to determine and regulate between the Government and the people. According to Austin, Constitution fixes the structure of the Supreme Government. According to Leacock, Constitution is a form of Government. According to Harbor, We say that, A Constitution is: The ultimate law of land, It may be written or unwritten form, Deals with the power of the Government, Rights of the Citizen and the relationship between the Governments. The fundamental law has to be followed by all. Main Features of Constitution It is the body of rules may be written or unwritten. It determines the power of the organization of the government and also the privileges of the ruled. It also lays down certain rules of the organization of the government, their rules and mutual relationship. It may be compromised in a single document or in various docu...

Protective Discrimination The concept of Protective Discrimination is the policy of granting special privileges to the abused or oppressed people and to the under-privileged sections of the society. “Protective” is showing a care to someone. “Discrimination” is any action, policies or practices that deny an individual or a group for an equal access to the society’s resource, rewards and opportunities. This is explained in: Safeguards for SC/ST Privileges for Women Provisions for Children 1. Safeguards for SC/ST: Article-15(4) Article-15(5) Article-16(4A) Article-17 Article – 15(4): The fourth clause which was added by the constitution (1st Amendment) Act 1951, enables the state to make a special provision for the protection of the interest of the backward classes of citizens and is therefore an exception to the Article-15 and 29(2) of the constitution. Under clause-15(4), there are 2 things to be determined: a) Socially and educationally backward classes, b) The limit of reser...