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IN 1950, the Constitution of the Republic of India was adopted. Among the basic principles adopted for the Constitution was Federalism, along with Secularism, Popular Sovereignty, Fundamental Rights, and Directive Principles of State Policy, Judicial Independence, and a Cabinet form of government. As the Party Programme of the CPI(M) states in clear terms, the agenda for the Directive Principl..
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INTRODUCTION “…..throughout the web of English criminal law, one golden thread is always to be seen, that it is the duty of the prosecution to prove the prisoner’s guilt”span style="font-s..
Every man is born free in the world. He inherits few rights naturally and few granted to him by the society. “Society is a web of relationships” and for a just and healthy society it is important that the ..
Report I 1. Amendment inserting Sub-se..
The Simon Commission report submitted in 1930 formed the basis for the Government of India Act 1935. The new Government of India Act received the royal assent on August 4, 1935. The Act of 1935 was condemned by nearly all sections of Indian public opinion and was unanimously rejected by the Congress. The Congress demanded instead, the convening of a Constituent A..
Principle of negative equality A Division Bench of the Allahabad High Court in Shripal Vaish v. U.P. Power Corpn. Ltd. (2009) 4 UPLBEC 3267 held that if a person is not entitled to payment in view of a particul..
: A classic case of Professional Misconduct : After successfully conving the Supreme Court by our learned friend Soli Sorabji that the bye- laws of Registered Cooperative Society has over riding ..
Everybody knows that the Bar Association of Punjab and Haryana High Court passed a resolution recently condemning the Chief Justice of India, Justice KG Balakrishnan and the former Attorney General of India Mr.Milon Benerjee for giving a clean chit to t..
The NRO judgement has made half the nation legal experts. Almost anybody possessing legal or political knowledge is contributing to the NRO debate unleashed by the media. The former superior judges, lawyers and politicians are in great demand. The lawyers who would not open their mouths unless paid handsomely in advance are now twittering endlessly. The charm of the..
As the global capital of road accidents, there is no denying that India is in dire need of an overhaul of driving norms. As many as 1.14 lakh people in the country die each year due to road accidents, a number greater than anywhere else in the world. The problem, it must be stressed, lies with the culture of driving in India. The only rule on Indian roads is that th..
CHIEF Justice Iftikhar Mohammad Chaudhry has reminded the Bar of its responsibility towards promoting rule of law and dispensation of justice to the people. Legal luminaries at a meeting in Lahore also discussed the issue of dispensation of justice as a society cannot survive and prosper without justice. The Lahore meeting of top lawyers was very ti..
There are two views, towards different directions were expressed by Hon'ble Chief Justice of India, that (1) High courts are packed with favourites and then said during a hearing of Matter said that (2) Judges can't be put under public scrutiny, in the garb of fairness and independence of the Judiciary, as if they are above the law. No one can cliam that he ha..
With the Delhi high court ruling that the office of the Chief Justice of India comes within the ambit of the Right to Information Act, a long-drawn-out debate will now hopefully find amicable resolution. The ruling of the three-judge bench was on an appeal by the Supreme Court registry against the high court's single-judge verdict in September. The challenge to the ..
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