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constitutional law


Analyzing doctrine of judicial independence in India

Introduction A key component of India's democratic system is the judiciary's independence. It is a distinctive quality that sets India apart from other nations. But the independence of the court has frequently been questioned by outside or political pressure, which has cast some doubt on the rules outlined in the concept of separation of powers. As a result, this article dis..

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Emergency Laws: History, Effect, International Comparison & Important Precedents

Introduction In around ninety percent countries emergency provisions have been constitutionalized till now. About more than two-third countries (i.e.,138 countries) have declared emergency once and out of which approximately fifty percent of them failed to implement or take load of emergency properly. Emergency as per Cambridge dictionary means, "something dangerous o..

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The role of indian judiciary in upholding constitutional values

Constitutionalism The Indian Constitution gives social, political, economic, and development goals a framework. It offers the commitment to India's citizens to assert, ensure, and accomplish national goals in a democratic and socio-equal manner without resorting to violence. The liberal, welfare state, and centralized federalism concepts form the foundation of the constitution. ..

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No Disciplinary Action Against Judicial Officers For Merely Passing Wrong Order Mere Negligence Not Misconduct: SC

While coming out stoutly in support of a judicial officer, we saw how as recently as on March 15, 2022 the Apex Court in a learned, laudable, landmark and latest judgment titled Abhay Jain vs The High Court of Judicature for Rajasthan and Anr. in 2022 LiveLaw (SC) 284 and Civil Appeal No.2029 OF 2022 [Arising Out Of Special Leave Petition [C] NO.6107 OF 2020] while ..

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Comparative Public Law

1, INTRODUCTION Ever since UGC has introduced one year LL.M Program in the year 2013-14, three compulsory subjects are mandated to be taught to the students in the first semester of their Masters in Law.  Comparative Public Law is one of those three subjects, perhaps the most critical one which as a subject, for various ..

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Five additional judges elevated to be Judges of Kerala High Court

The President of India, in exercise of the power conferred by clause (l) of Article 217 of the Constitution of India, appointed S/Shri Justices Conrad Stansilaus Dias, Pulleri Vadhyarillath Kunhikrishnan, ThirumuppathRaghavan Ravi, Bechu Kurian Thomas and  GopinathPuzhankara, Additional Judges of the Kerala High Court, to be Judges of the Kerala High Court with..

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Article 21 : Constitution of India : All Landmark Judgments

Article 21 - Landmark Judgement #1: AK Gopalan Vs State of Madras The above Judgement passed by the Supreme Court of India came into limelight since it was the first-ever matter that came before the Apex Court after its establishment in 1950. It was a case where the interpretation about Article 19 and 21 was ..

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Right Travel Abroad Bail

KEY TAKEAWAYS Should such a right be treated as a fundamental right? Does such liberty apply to the people who are accused of various heinous crimes? Are the laws dynamic enough to be ascertaining such a freedom? li style="text-ali..

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Whether SC can discourage petitions under Article 32

Recently, the Chief Justice of India (CJI)  in connection with the Siddique Kappan's interim bail plea petition, is reported to have said that Supreme Court (SC) wants to discourage filing of fresh petitions under article 32 and asked the senior counsel for the petitioner to approach the Allahabad High Court (HC) instead. p style="text-align: justif..

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Temporary Employees cannot be made Permanent, says Supreme Court

Making any temporary employee permanent unconstitutional The judgment of the Constitutional Bench of the Supreme Court (SC) in The Secretary, State of Karnataka v Umadevi  in the year 2006 categorically declared that making temporary employees permanent in government on whatever grounds or reasons is a backdoor appointme..

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Constitutional Morality As A Challenge

KEY TAKEAWAYS Considering Constitutional Morality as an indispensable part of democratic government is absolutely justified. It provides an ethical understanding of the government and other work of governance. The specification of norms of institutions under Constitutional Morality helps in their survival. The ..

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Why do we host a parade on the Republic Day

INTRODUCTION All of us know that the Republic Day is celebrated on the 26th of January each year. We also know the significance of the Republic Day. The Republic Day is celebrated every year in India on January 26 to commemorate the date on which the Constitution of India came into effect, in the year 1950, and the country be..

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The Right To Be Represented By Counsel Is Guaranteed Under Article 21

KEY TAKEAWAYS The case in reference is Subedarv. State of State of Uttar Pradesh [CRIMINAL APPEAL NO. 886 of 2020] The decisionin the case was pronounced by Justice U.U Lalit, Vineet Saran, S. Ravindra Bhat. It is a criminal appeal and the..

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Kerala High Court on 357A

KERALA HIGH COURT RULED THAT SECTION 357A(4) OF THE CRPC IS A SUBSTANTIVE PROVISION; VICTIMS ENTITLED TO COMPENSATION EVEN FOR CRIMES THAT OCCURRED PRIOR TO ITS ENA..

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HC's Power Under Article 226/227 To Interfere With Arbitration Process And Recent News Related To It

POWERS OF COURT UNDER ARTICLE 226 The article deals with the power of High Courts to issue certain writs notwithstanding anything in Article 32. The court is authorised to entertain these types of writs- Habeas Corpus, Mandamus, Prohibition, Quo warranto, Certiorari. li ..

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