constitutional law

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The Challenge to the NCLT & NCALT:                The five-judge Constitution Bench of the Supreme Cour..

The latest judgment of the Supreme Court of India quashing the criminal proceedings against actor Kushboo for her remarks on pre-marital sex will go down in legal history for the high values it protects. “We can never be sure that the opinion we are endeavouring to stifle is a false opinion; and if we were sure, stifling it would be an evil still.” A c..

The change of guard at the top level in the judiciary in a few days comes at a time when the Supreme Court of India is adding more arrears to the dockets and visions of reform have remained empty dreams. In recent times, it had to deal with two cases of impeachment of high court judges and corruption cases against several others. On top of it, the Supreme Court became a petitioner before its..

  The right to bail is concommittant of the accusatorial system which favours a bail system that ordinarily enables a person to stay out of jail until a trial has found him/her guilty. In India, bail or..

I AGREE with the fact that it is the personal decision for a man and a woman, who are in love whether to live together or not. It is part of their Right to life, and not a criminal sin. But this is acceptable only for adults and not for adolescents. Our society, traditional values and morals are joining hands with modernization and making it more flexible society. Supreme Court's verdict..

RIGHT TO INFORMATION- IS THIS REALLY A POWERFUL WEAPON TO CURB MALPRACTICES? p align..

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Oddly enough in the Civil Liability for Nuclear Damage Bill-2009 the operator’s liability has been capped at Rs 300 crore (it is reported that this figure has become Rs 500 crore) instead of SDRs and it is just horrifying to think that if an accident occurs a few decades hence, whether with the proposed compensation the victims will receive enough compensation to feed themselves for ev..

    Balasubrahmanyam Kamarsu Advocate, Supreme Court of India..

The inconsistency in the law laid down by the highest court of the land is a cause for concern . . . The inconsistency in the law laid down by the highest court of the land is a cause for concern. It is assumed that where democracy breathes, and a secure judiciary functions, all law would be unambiguous and non-retrospective. The..

I. The Activism Versus Restraint Debate Today In the sagacious words of Chief Justice Hidayatullah: “The first principle to observe is that the wisdom of the law must be accepted. A little incursion into law-making interstitially, as Holmes put it, may be permissible. For other cases the attention of Parliament and/or Government can be drawn to the flaw.&rdquo..

An anti-terrorist law will soon be back, whether we like it or not, and one might as well open up a public discussion that may help soften it a bit. One wishes one could say we might even persuade the government to give it up, but that is without doubt a pipe dream. A ‘human face’ is all the humanity that is promised us these days and we are not allowed to expect more. The promis..

The inconsistency in the law laid down by the highest court of the land is a cause for concern . . . The inconsistency in the law laid down by the highest court of the land is a cause for concern. It is assumed that where democracy breathes, and a secure judiciary functions, all law would be unambiguous and non-retrospective. The security of knowing that his due diligence in..

WOMEN RESERVATION BILL – AN OVERVIEW Women’s Reservation Bill speaks of 33 per cent reservation for women in Lok Sabha and state assemblies. Since its first appearance for seeking parliamentary approval in September 1996, this reservation bill has undergone a roller coaster ride. Ever since its inception, there have been many attempts from vario..