Tag: article 21


By Anonymous Editor’s Note: Article 21 is, by far, one of the most widely interpreted articles of the Indian Constitution. This paper analyses the effect of the phenomenon that is judicial activism, and how far has this been the reason for such a wide and varied interpretation of Article 21. […]

Judicial Activism under Article 21

By Divya Sharma, Symbiosis Law School, Pune Greatness of the bench lies in creativity… There are cases where a decision one way or the other will count for the future, will advance or retard sometimes much, sometimes little, the development of the law in a proper direction. It is in […]

Environmental Protection And Supreme Court Activism

By Rahul Deo, CNLU Patna Editors Note: Environment and life are interrelated. Our lives depend on natural resources such as air, water, and land. Environmental destruction threatens survival; conversely, human rights violations can cause environmental degradation, for instance, war can lead to loss of access to clean water. Thus, the […]

Critical Analysis: PUCL vs Union of India

By Anju Anna John, NUALS Editor’s Note:  Article 21 of the constitution of India which provides for the right to life encapsulates various sacrosanct rights in it. One such right is right to food and livelihood. However this case presents a scenario where there was a direct violation of this […]

Marriage and Restitution

Editor’s Note: Marriage is a sacrosanct creation of society and should be protected by all personal laws and the idea of marriage should be protected by law. But this should not be abused to such an extent that injury of any kind: physical or legal is an outcome of the marriage. […]

Rarest of Rare Doctrine: Death Penalty

By Satya Vrat Yadav, UPES Editors Note: The paper attempts to evaluate the rarest of rare doctrine which has been evolved by the Supreme Court for awarding death penalty. It seeks to highlight the current methods of execution in the light of international perspective. Introduction Indian judiciary has pointed out their […]

Judicial Activism Under Article 21: Going Beyond The Four Walls Of The Judiciary

By Sweta Rath, Symbiosis Law School “Editor’s Note: Judicial Activism is an approach to the exercise of judicial review, or a description of a particular judicial decision, in which a judge is generally considered more willing to decide constitutional issues and to invalidate legislative or executive actions. The author has explored the concept of judicial […]

Decriminalization of Attempt to Commit Suicide

By Naveen Kumar Gautam, RMLNLU Editor’s Note: It is really unfortunate that Attempt to Commit Suicide continues to find mention as an offence under our Penal Statute notwithstanding the fact that when a distressed or frustrated person decides to terminate his/her previous life prematurely, it is indeed irrational and unfair to […]

Suresh Kumar Kaushal vs. Naz Foundation: A Critical Analysis

By Oindrilla Mukherjee, KIIT Law School Editor’s Note: Much discourse has taken place  in an attempt to highlight the plight of those who have been discriminated on the basis of their sexual orientation or gender identity. The Supreme Court’s judgment to overrule the well reasoned Delhi High Court judgment in Naz Foundation […]