By Anonymous INTRODUCTION While interpreting a statute true intent of the legislature shall have to be gathered and deciphered in its proper spirit having due regard to the language used therein. Where language is clear, external aid for construction is not required. External aids are relevant only when the language […]
Presumption against Repeal by Implication
By Raghavendra Pratap Singh, National University of Advanced Legal Studies, Kochi “Editor’s Note: In a situation when two statutes come into conflict and neither of them are clear, then the statute which was enacted later prevails. This is known as presumption against repeal by implication. This article discusses this doctrine […]
The Maintanence and Welfare of Parents and Senior Citizens Act, 2007
By Sunit Kumar Mondal, GNLU Editor’s Note: This paper presents an analysis to the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. The legislation for the welfare of the Parents and Senior Citizens came into place with the development of the provisions of Article 41 with Entry 23 of the Concurrent List […]
Article Review: Do Theories of Statutory Interpretations Matter?
Satwik Singh WB NUJS “Editor’s Note: The author analyses Daniel A. Farber’s article on ‘Do theories of Statutory Interpretations matter?’” INTRODUCTION In this article the author Daniel A. Farber deals with one of the most oldest and significant debates of the Jurisprudential world. The debate is between the positivist school […]
Exclusive Jurisdictional Clause in Commercial Contracts
Naman Verma RMLNLU, Lucknow “Editor’s Note: The paper deals with the exclusive jurisdictional clause in Commercial Contracts in light of Section 28 of the Indian Contract Act, 1872. It has been decided time and again that exclusive jurisdictional clauses are not opposed to Section 28 of the Contract Act. The […]
The Corfu Channel Case
By Aarti Goyal, UILS, Chandigarh Editor’s Note: The general principles of International law are among the sources of national and International Law, which have long been recognized and applied in disputes. The Corfu Channel case addressed the question of civil liability of Albania, which had placed mines within its sovereign waters […]
Mischief Rule of Statutory Interpretation
By Subhyanka Rao, RMLNLU Editor’s Note: The Mischief Rule is a certain rule that judges can apply in statutory interpretation in order to discover Parliament’s intention. The application of this rule gives the judge more discretion than the literal and the golden rule as it allows him to effectively decide on […]
Originalist Theory of Interpretation: A Comparative Analysis between India and the US
By Aditi, WBNUJS Editor’s Note: Originalist Theory of Constitutional Interpretation is one of the oldest and most basic theories of Interpretation that advocates the interpretation of constitutional text in accordance with the meaning and intention that was accorded to it during its formulation.Even to this day, originalism finds a favourable environment, […]
Parliamentary Privileges
By Preeti Singh, RMLNLU Editor’s Note: This paper tries to examine the true meaning and effect of the term ‘parliamentary privileges’. The author begins with an introduction to the very basic understanding of the term. She has dealt deeply with Constitutional provisions in Article 105 and 194 and then gone […]