Day: January 12, 2015

Judicial Review: Direct Result or Reflexive Constitutionalism

By Debkanya Naskar, NUJS  Introduction The way we conceive the role of the government today has undergone a significant change with time. One of the reasons behind this change is the modification of the interpretation of “Constitutionalism”.  It is this interpretation that has formed the base for some of the […]

Bangalore Water Supply Case: Sovereign Functions

By Debkanya Naskar, NUJS Editor’s Note: The author, in this project, seeks to answer the following question. Does Bangalore Water-Supply & Sewerage Board, Etc. v. R. Rajappa & Others, 1978 SCC (2) 213 give us manageable standards for the application of the Doctrine of Sovereign Function? 1. INTRODUCTION The Bangalore case bench[i] […]

Arbitral Immunity: India and Abroad

By Debkanya Naskar, NUJS INTRODUCTION Arbitral immunity is a protection mechanism guaranteed to the arbitrators against any civil liability arising from their adjudicatory function.[i] This protection enables them to act impartially and without the fear of adverse litigations from the losing side.[ii] But given that arbitration is an alternate mechanism […]

Stare Decisis

By Dipti Khatri, UPES Dehradun Editor’s Note: Stare decisis is the policy of the court to stand by precedent. It literally means “to stand by decided matters”. The phrase “stare decisis” is itself an abbreviation of the Latin phrase “stare decisis et non quieta movere” which im plies “to stand by […]

Private International Law

Sucharita Manjunath, UPES Dehradun Editor’s Note: Private International Law is the legal framework composed of conventions, protocols, model laws, legal guides, uniform documents, case law, practice, and custom, as well as other documents and instruments, which regulate relationships between individuals in an international context. Introduction Private International Law is a merger of […]

Other Authorities under Article 12 of Constitution

By Dipti Khatri, UPES Dehradun Editor’s Note: Whilst enacting the Fundamental Rights in Part-III of our Constitution, the founding fathers showed that they had the will, and were ready to adopt the means to confer legally enforceable fundamental rights. The question that was required to be answered is as to against […]

Equality of Opportunity in Public Employment

By Dipti Khatri, UPES Dehradun Editor’s Note: Right to Equality is one of the basic fundamental rights that the constitution of India guarantees to all the citizens of the country. Article 16 deals with the equality of opportunity in matters of public employment. The Constitution of India has given a wide […]

Criminal Procedure In India

Dipti Khatri, UPES Dehradoon Editor’s Note: This project essentially seeks to analyze the criminal procedure in India with a brief analysis of case laws. 1. Introduction In medieval India, after the Muslim conquest, the ‘Mohammedan criminal law’ came into prevalence. Subsequent to this, The British passed the ‘Regulating Act of […]

The Great Depression

Prakhar Maheshwari, West Bengal National University of Juridical Sciences  Editor’s note: From 1929 to 1933, USA experienced a fall in employment, production of goods and services, stocks, and bank assets. Prices fell dramatically, people went hungry, and the effects of this financial downturn (named the Great Depression) resonated worldwide. This […]