constitutional law

INTRODUCTION   Supreme Court Advocates on Record Association and Others v. Union of India[1], also called the second Judge’s case was adjudged by a nine judge bench of the Hon’ble Supreme..

PHILOSOPHY OF A CONTRACT AND ITS OBLIGATION!   Men of wisdom stated:   Yesterday (as past ) is gone (dead) (as some archive - a tomb like)   Tod..

Untitled 1 MTNL - active in kharghar thanks to new ED in mr, Punj   I came from Boston MA, the USA recently fo..

As a student of law each time I read the Indian Constitution I wondered what was so special about the Money Bills which 'must' be always introduced in the Lok Sabha[1] ,while in case of all the other bills both the Lok Sabha-the Council of People and the Rajya Sabha which is the Council of States stand on equal footing ;the Founding fathers of the C.O.I i..

The Supreme Court has recently strike down NJAC (National Judicial Appointments Commission), a legal body that decides the appointment of Judges of Supreme Court and High Court. The landmark judgment held that the NJAC was ultra vires of the basic structure of the constitution, for not allowing Judicial to enjoy its independence, for reasons of unwarranted interf..

India is reeling under pathetic condition of judicial system that has failed to deliver fast justice as directed under Constitution i.e. right to speedy trials and justice. More than 2.5 crores cases are pending. Some efforts have been made to setup Lok Adalats to speed up non serious cases mainly related to family laws, insurance claims, contractual disputes etc..

There are as many criticisms against the method of Judge’s appointment and critics are mainly on attacking the foundation of so called ‘judge made system” of judge’s appointment. But the present system of collegium is not mooted by the Judges, but the Law Commission as per its 80th report submitted on 10-08-1979, suggested the system to im..

In March, 15’, the Central Board of Film Censorship banned the release of motion picture based on E.L James erotic novel “Fifty Shades of Grey” in the Indian Cinemas. This ban was passed even after the production house edited the dialogs and scenes that the review committee did not approve. [1]   ..

In disciplinary proceedings, the complete procedural aspects are dealt in the respective Control and Appeal Rules. The rules prescribed constitute a complete code. The principles of natural justice forms the basic building block of such rules. The Central Civil Services (CCA) Rules is an example of this. The specific rules pertaining to any Nationalised Bank, Rai..

In the constitutional setup, the High Court as well as the Supreme Court of India is the guardian of the Constitution. These two courts have the power to scrutinize the vires of any legislation. This judicial scrutiny of legislation done by way of Writ Jurisdiction is conferred on the High Court under Art 226 and on the Supreme Court under Art 32 of the Constitut..

On the cardinal principle that no individual or a group should have absolute discretion or power in public administration, Appointment of Highest judiciary i.e. Supreme court specially, is critical process in governance and we ought to have people of utmost honesty ,integrity and expertise in law matters. This cant be left to only judges. Some third party has to ..

The Hon’ble Supreme Court of India has on 17 October 15 struck down the Act forming the National Judicial Appointments Commission and reverted to the existing Collegium System of appointment of judges of the Supreme Court and all High Courts. In a layman’s language it can be said that an Act passed by the Parliament and assented by the President of In..

Article 21 is the milestone to the Indian constitution. Among all the fundamental rights, it is considered as one of the most important and unique. It not only provides us the right to move freely but also provides a unique identity to its people. This article has seen many changes since from the date of its incorporation in the constitution. And according to me ..

Reservation policy was made to uplift the weaker and poor section of community upwards and to give the equal status to these people at par to other rich and high society communities. With the passage of time and upon demand of other communities, more castes were added time to time under this policy to give them benefit. But this policy becomes a serious ..

The power under Article 142 of the Constitution of India has been variously defined by Supreme Court in its separate Judgments, e.g. as a ‘plenary power’, ‘curative power’, ‘power to crease out the edges’, ‘residual power’ etc -- whereas it would be more appropriate to view the intended import & purpose of Article ..