Category: Constitutional & Administrative Law

The setting red sun of dark water

Joyanta Chakraborty, IMS Unison University Editor’s note: The islands of Andaman and Nicobar famously contain not only the Kaala Paani jail but also several groups of indigenous people aloof from mainstream society. This paper talks about one of 4 major groups (among the Great Andamanese, The Onge, The Sentilenese), the […]

‘Essential Religious Functions Test’ – Judicial Transgression Or Social Justice?

Reigha Yangzom Introduction The Delhi Agricultural Cattle Preservation Act, 1994 imposes a total prohibition on the slaughter, sale or purchase, transport or export, possession and storage of beef in Delhi. This legislation was passed primarily due to the fact that the cow is considered to be holy by the Hindus. […]

Jurisprudential Analysis of Olga Tellis and Ors. v. Bombay Municipal Corporation and Ors.

By Yash Tripathi, Nirma University Editor’s Note: This article presents a jurisprudential analysis of the landmark judgment of the Supreme Court in the case of Olga Tellis v. Bombay Municipal Corporation. FACTS The facts of the case are as such that the plight of people who live on pavements and slums […]

Federalism In India- A Judicial Interpretation

By Siddharth Dalabehera INTRODUCTION The debate whether India has a ‘Federal Constitution’ and ‘Federal Government’ has been grappling the Apex court in India because of the theoretical label given to the Constitution of India, namely, federal, quasi-federal, unitary. Until the West Bengal decision in 1963, our Supreme Court had made […]

Gay Rights – A Comparative Study

By Siddharth Dalabehera INTRODUCTION For the past century, gay rights have been debated and fought over in hope to give equal rights to all people. Although gay relationships and feelings were recognized as far into history as the 7th Century BC, the true activism has increased since the beginning of […]

Judicial Activism

By Sushma Pandey   Editor’s Note: The issue of judicial activism has been put on a national agenda in the recent past. It has been criticized by constitutional experts and politicians while it has been warmly welcomed by lawyers and public. Meaning and Evolution Judicial activism comes in to play when […]

Human Rights: Prison Reforms With Special Reference To Prisoner’s Rights

By Harshit Singh Jadoun, Institute of Law, Nirma University Editor’s Note: The Constitution ensures the democracy of our nation by its three main organs namely legislative, executive and Judiciary that are integrated as they work in a tandem and function as a link between the “individual” and the “State”. Being a federal […]

Doctrine Of Legitimate Expectation

By Sarica AR INTRODUCTION TO THE DOCTRINE OF LEGITIMATE EXPECTATION It cannot be overemphasized that the concept of legitimate expectation has now emerged as an important doctrine. It is stated that it is the latest recruit to a long list of concepts fashioned by the court to review administrative action. […]

Catalyst Mechanism: A Step Towards Human Rights

By Nishant Mittal, Pushpit Bansal Editor’s Note: “Human rights”- are two simple words but when put together, they constitute the very foundation of our existence. India- being a diverse country with its multicultural, multiethnic, and multi religious population- the protection of human right is the sine qua non for peaceful existence. […]

Role Of National Human Right Commission In Administration Of Criminal Justice

By Shreshtha Garg & Anand Kr. Dubey   Editor’s Note: The objectives are to study the role of human rights to improve the criminal justice system in India. And to ascertain the actual position of human rights in criminal justice system of India and the various practical problem regarding the implementation […]

Right to Information

By Deeksha, Prince, and Sanya Editor’s Note: The legislative intent is clear; we are entitled to know how our money is spent. The onus is on us to make the Act work. In effect, therefore, the right conferred on the citizen is an exhaustive one. It allows him to assess […]

Women Education and Employment Opportunities

By Bharat Rajani Introduction Education is the form of learning in which the knowledge, skills, values, beliefs, and habits of a group of people are transferred from one generation to the next through storytelling, discussions, training, and research. But when we talk about women education it is not as easy […]