Application Of Doctrine of Desuetude in Our Country
In the case of Municipal Corporation for City of Pune and another v. Bharat Forge Co. Ltd. and others (1995). In the said case, the liability of the respondents therein…
Article 200- Reservation of Bill for the consideration of the President
Proviso to Article 200 which deals with Governor’s Power to assent a bill, provides reservation of bill by the Governor for the consideration of the President. It reads, “Provided further…
Summary of the Conclusion in Tamilnadu Governor Case- Reservation of Bill for President’s Consideration
The article is an edited excerpt from the judgment. On certain subject matters prescribed in various provisions of the Constitution, and on subject matters falling in the Concurrent List, the…
The Reason given by the Supreme Court while overruling BK Pavitra Judgment in Tamilnadu Governor Case
In B.K. Pavitra v. Union of India reported in (2019) 6 SCC 129 wherein it was observed that owing to the sovereign nature of the power of the Governor to…
The Extent of Prerogative Powers under Judicial Review
The Court in Epuru Sudhakar v. Govt. of A.P. reported in (2006) 8 SCC 161, speaking in the context of Articles 72 and 161 of the Constitution respectively, observed that…
Judicial Review of Constitutional Powers
In B.P. Singhal v. Union of India (2010) 6 SCC 331 , the court categorically held that unlike England, all powers that have been conferred upon the President and the…
The Jurisdiction of the Court is not ousted merely because a question has Political Color- Supreme Court in Minerva Mills Case
In Minerva Mills v. Union of India reported in (1980) 3 SCC 625, the Court held that the jurisdiction of courts is not ousted merely because a question has a…
The Concept of Justiciability and Judicial Review
The nine-Judge Bench decision of this Court in S.R. Bommai v. Union of India (1994) observed that the concept of justiciability is not synonymous with judicial review. It noted that…
Court does not enter into political question due to doctrine of separation of power but because of avoiding political question- Supreme Court in Indira Sawhney
The Supreme Court, speaking through nine-Judges in Indra Sawhney v. Union of India reported in (1992) Supp (3) SCC 217 held that the yardstick of subjecting an act or a…
Constitutional Powers can not be exercised arbitrarily- Justice Krishna Iyer in Maru Ram Case
In Maru Ram v. Union of India reported in (1981) 1 SCC 107 the Court speaking eruditely through the inimitable Krishna Iyer, J., observed that all public power including constitutional…