Aakanksha Bhola, Army Institute of Law, Mohali Editor’s note: The roots of Directive Principles of State Policy are evident from the belief that responsibility of social development of the country lies with the government. Enshrined in Part IV (Articles 36-51) of the Constitution of India, … [Read more...]
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 … [Read more...]
‘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 … [Read more...]
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 … [Read more...]
Minerva Mills v. Union of India: Analyzing Basic Structure Doctrine
Siddharth Dalabehera INTRODUCTION The "Basic Structure" doctrine is the judge-made doctrine whereby certain features of the Constitution of India are beyond the limit of the powers of amendment of the Parliament of India. No part of the constitution may be so amended by Article-368 so as to "alter … [Read more...]
Federalism In India- A Judicial Interpretation
Siddharth Dalabehera CHAPTER-I 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 … [Read more...]
Gay Rights – A Comparative Study
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 … [Read more...]
Judicial Activism
Sushma Pandey Editor's Note:The issue of judicial activism has been put on national agenda in the recent past. It has been criticized by constitutional experts and politicians while it has been warmly welcome by lawyers and public. MEANING AND EVOULTION Judicial activism comes in to play when … [Read more...]
Human Rights: Prison Reforms With Special Refernce To Prisoner’s Rights
Harshit Singh Jadoun 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 … [Read more...]
Doctrine Of Legitimate Expectations
- Sarica AR INTRODUCTION TO THE DOCTRINE 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 an administrative action.i It operates in … [Read more...]
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