10 Landmark Judgements of Constitutional Law

October 13, 2020

1. A.K Gopalan vs. State of Madras, 1950[1] Issue AK Gopalan was a Communist leader who was detained in the Madras Jail in 1950 under the Preventive Detention Law. By writ of Habeas Corpus pursuant to

Media Glare or Media Trial: Should There Be a Limit on Media’s Freedom?

September 18, 2020

One of the biggest debates in the country in recent times is about the influence as well as the impact of information provided by the Media. The intrusion of Media is an ethical dilemma for developing

Impact of Video Conferencing on Court Proceedings With Respect to Litigants and Lawyers

August 14, 2020

The proliferation of COVID-19 has prompted legislative, judicial and administrative bodies worldwide to take steps that lead not just to safety directives but also to a common need for more autonomy a

Homosexuality: Are We Status Quo Ante The Colonial Rule As A Society After Navtej Case?

August 12, 2020

The Indian society after gaining independence followed the same roles ascribed to a sex (dependent upon the biologically given reproductive organ) as the western world accorded to a male and a female.

EUTHANASIA – Right to life vs. Right to death

July 11, 2020

A Suicide is when a person kills himself and a culpable homicide or a murder refers to when a person kills any other person. However, if a person gets killed by others on his own request then it is kn

Legal and Constitutional Rights of a Person Against Police Brutality (Executives)

July 10, 2020

With more power to executives comes more police brutality and discrimination. Discuss the legal rights and constitutional rights for the same. Police brutality can be understood as excessive use of fo

What is Res Judicata

January 2, 2020

The doctrine of res judicata is a fundamental concept in the organization of every jural society with universal application. In the words of Justice Campbell, Former Associate Justice of the Supreme C

Prohibition

September 6, 2019

A writ is a legal document issued by a court or judicial officer. Anything that is issued under an authority is a writ. The Supreme Court may issue writs under Article 32 of the Constitution for the e

Certiorari

September 5, 2019

A writ is a quick remedy against injustice, a device for the protection of the rights of citizens against any encroachment by the governmental authority. In India, the power to issue writs has been ve

Understanding ‘equality’ under the Constitution of India

August 2, 2019

Equality before Law and Equal Protection of Laws According to Article 14 of the Indian Constitution, “the State shall not deny to any person equality before the law or the equal protection of the la

Capital Punishment

August 1, 2019

Generally, Capital Punishment in India means the death penalty awarded by the Court of Competent Jurisdiction in India, in rarest of rare case and where it is specifically provided by the IPC or Speci

Writ Jurisdiction of the High Courts in India

January 14, 2019

Overview The Constitution of India confers the power of issuing writ upon the High Courts in India under Article 226 of the Constitution. It allows the courts to issue formal orders to the authorities

Medical Evidence Admissibility

November 16, 2018

Overview: Medical evidence is used by investigating agencies to prove the guilt of the accused. Also, the medical Evidence is used by the accused to put his defense to get rid of the case against him

PIL Cases of India which changed the Legal System

November 5, 2018

Introduction Public Interest Litigation, as the name suggests, means litigation for the protection of the public interest. This kind of lawsuit may not necessarily be introduced in a court of law by t

Trespass

October 31, 2018

Trespass is said to be the act of crossing the limits prescribed by law. It refers to an unreasonable interference with one’s property or person arising out of a malafide intention.  Trespass is a

Right To Education

October 30, 2018

Overview The Constitution (Eighty-sixth Amendment) Act, 2002 inserted Article 21-A in the Constitution of India to provide “free and compulsory education of all children in the age group of six to f

Equality Before Law

October 17, 2018

Article 14 of the Constitution of India deals with equality before the law. It secures “equality before the law” and “equal protection of laws”. Equality before the law, also known as equality

Election Laws

September 17, 2018

Overview Part XV of the constitution provides for the regulations related to the elections. Ours is a parliamentary form of democracy. It is necessary that the elections are conducted without any bias

Ad-Hoc Appointment

September 13, 2018

Introduction Article 309 of the Constitution of India confers power on the appropriate authority to regulate the recruitment to the public services of the Union or of any State. It enables the Executi

Fundamental Rights Under The Indian Constitution

August 20, 2018

Overview Fundamental rights are those rights which are guaranteed to the citizens of India under its constitution. The dictionary meaning of the word ’fundamental’ is “important”. Hence, these

Landmark Judgments which changed the Indian Legal System: Part I

August 14, 2018

A.K. Gopalan V. State of Madras Facts of the Case The petitioner was detained under the Preventive Detention Act (Act IV of 1950) Under this Act, an action is taken to prevent the possible commitment

Section 5 of the Prevention of Money Laundering Act, 2002

August 7, 2018

Overview Profit-making has become the essence of corporate arena. Money laundering in layman’s term can be defined as concealing money received from an illegal source. The primary object of launderi

Right To Marry and Protection by High Courts

August 6, 2018

Overview: Though marriage is a personal decision of two adult consenting parties, often this is not the case. Many times such couples find themselves at the crossroads and are pressured into their fam

Reservation in Promotions for Members of Scheduled Castes

July 28, 2018

Overview As per Article 16(4) of the Constitution, reservations in direct recruitment and promotions were admissible to SC/STs in the Central/State Government Services in proportion to their populatio

Uniform Civil Code in India- Yes or No?

July 27, 2018

The Constitution of India provides for Uniform Civil Code under Article 44 as a Directive Principle of State Policy. Article 44 states that “the State shall endeavour to secure for the citizens a un

How are ‘Anand’ Marriages registered in India?

July 6, 2018

Introduction The demand of Sikhs for a separate law regarding the registration of the Sikh marriage is not unheard of. It has been going on for over a century with the members of the Sikh community ma

Constitutional Validity of CSR

July 5, 2018

“In my view, the successful companies of the future will be those that integrate business and employees’ values. The best people want to do work that contributes to society with a company whos

Limitations to Right to Information: An Indian Perspective

June 22, 2018

Overview: On 12 December 2005, the Central Government of India approved the Right to Information Act. It gives a right to common man that they fire direct questions to the government and they need to

Right To Information

June 21, 2018

Overview: The United Nations in its 1946 UN General Assembly Resolution 59(1) on Freedom of Information stated that “Freedom of Information is a fundamental right and is the touchstone of all the fr

Rights of Refugees in India

June 19, 2018

“Everyone has the right to seek and to enjoy in other countries asylum from persecution.” —Universal Declaration of Human Rights, Article 14(1) Overview: India has been home to one of the oldest

Crimes Against The Scheduled Caste and Scheduled Tribes

June 19, 2018

“The outcast is a by-product of the caste system. There will be outcastes as long as there are castes. Nothing can emancipate the outcaste except the destruction of the caste system. Nothing can hel

Partners in a live-in relationship cannot be separated by a writ of habeas corpus- Kerala High Court

June 18, 2018

Case: Muhammed Riyad v. State Police Chief, Trivandrum (WP-Crl. No. 178/2018) Bench: Justice V. Chitambaresh and Justice K.P. Jyothindranath Background: This case revolves around the fact that Rifana,

Reservation in India

June 18, 2018

Overview The term reservation in general parlance means the concept of keeping few seats for the unprivileged class. The term ‘unprivileged class’ is subjective to interpretation, which could mean

Article 19(1)(G) of The Constitution of India VIS-A-VIS Environmental Protection

June 18, 2018

Overview The Constitution of India has recognised right to trade as a fundamental right under Article 19(1)(g) of the Constitution which allows citizens “to practise any profession, or to carry on a

Arbitrariness : Antithesis of Article 14

June 9, 2018

The concept of reasonableness and non-arbitrariness is the very essence of our constitution and is the golden thread which runs through its fabric. What is arbitrariness? In simplest terms – det

Euthanasia

May 17, 2018

Overview When a person kills himself then it is known as Suicide and if a person kills the other person then it is either murder or culpable homicide. However, if a person gets killed by others on his

Public Interest Litigation Origin,Constitutional aspect,Guidelines

April 23, 2018

Definitions of Public Interest Litigation Public Interest Litigation has been defined in the Black’s Law Dictionary (6th Edition) as under:- “Public Interest Litigation is something in whi

Seventh Schedule

November 8, 2017

SEVENTH SCHEDULE The Constitution of India covers the list of areas to extent of which the State and Union Government can exercise their powers. It is covered in seventh schedule of Constitution of In

Writs

November 7, 2017

Introduction Article 32 was described as “Heart and Soul” of the Indian Constitution by Dr. B.R. Ambedkar. A person can file a writ petition in the Supreme Court under Article 32. Article 226 prov

Plaint

November 7, 2017

Meaning:Plaint is the written statement filed by the plaintiff explaining his cause of action, claim and all the necessary particulars regarding such cause of action. Essentials of a plaint: given in

Plaint

November 7, 2017

The term ‘plaint’ has nowhere been defined in the Code of Civil Procedure. However, it is said to be a statement of claim, a document, by presentation of which the suit is instituted. Its object i

High Court inherent powers & best Lawyers

November 7, 2017

Ever wondered how and when Best Lawyers Invoke Inherrent Powers of High Court? Nothing in the Code of Criminal Procedure limits or effects the inherent powers of the High Court – – to make such or

Administrative Actions versus Writ Lawyers

November 7, 2017

More than quickly given a YES by a Writ Lawyer? Rethink! With the increasing responsibility of the state into the public realm, for the good of the public, the departments and the works of the adminis

Justice Versus Procedure

November 7, 2017

Order 11 of Code of Civil Procedure 1908, authorizes the parties to deliver list of interrogatories in writing to the other party, with leave of the court and order 11, rule 12 says that the court sha

Separation of Powers

November 7, 2017

OVERVIEW Government has three functionary bodies, often called three wings of the government, namely, Legislature – the law making body, Executive – the executor or implementer of laws, Judici

Judicial Separation and Non-Judicial Separation

November 7, 2017

India is home to diverse religions and marriage is considered to be one of the sacred things. It is a bond which is created by god. No one wants to break this due to various reasons like some do not w

Tribunals

November 7, 2017

Tribunal can be defined as an individual or an institution which has authority to judge and to order. Tribunals are not ordinary courts, these tribunals have jurisdiction over very specific matters or

Rights and Liabilities of Religious Institutions

November 7, 2017

Rights & Liabilities of Religious Institutions in Art 26 of the Indian Constitution It may be noted that while Art 25 i.e right to freedom of religion is available to all persons, Art 26 is confin

Natural Justice

November 7, 2017

Meaning: Natural Justice is the basic rule of fairness in proceedings. Whole Constitution is based on the principles of natural justice. It is not a codified law but depends upon the merits of the cas

Habeas Corpus

November 7, 2017

Overview: Art 32 and Art 226 of the constitution confers writ jurisdiction upon the supreme court and the high court respectively. A writ is a formal order in writing issued under seal, in the name of