Article 21: Understanding The Right to Life and Personal Liberty from Case Laws-Academike Explainer
Article 21 is the perfect example of the transformative character of the Constitution of India. The Indian judiciary has attributed wider connotation and meaning to Article 21, extending beyond the Constitution makers’ imagination. Rija Jain understands the various components of freedom that stem from the ‘right to life’.
Is Freedom of Expression Under Threat Due to the Right To Be Forgotten? A Case Laws Based Explainer
The right to be forgotten is often assumed to infringe upon the freedom of expression. As far as its interpretation goes, the courts have been subjective and often inconsistent in their decision making. The Google Spain case (2014) is touted as one reason why the tiff between the two rights intensified. Chandreyee Maitra analyses the Google Spain case, explaining why it created tension between freedom of expression and the right to be forgotten in the first place. Maitra shows how the Google Spain case affected European jurisprudence vis-a-vis the right to be forgotten.
Parliamentary History As An External Aid Of Construction
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
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
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
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
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
The Golden rule of Interpretation
By Shraddha Agrawal Editor’s Note: The golden rule is that the words of a statute must prima facie be given their ordinary meaning. It is
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
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.
Death Penalty: An Overview Of Indian Cases
By Aditi Agarwal, NUALS Editor’s Note: Death Penalty is a process where a crime so grievous has been committed that the state condemns the act
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
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
