Literal versus Purposive Interpretation
The conflict between giving a literal interpretation or a purposive interpretation to a statute or a provision in a statute is perennial. It can be settled only if the draftsman…
Section 123 of The Representation of People Act, 1951- Legislative History
Corrupt practices during the election process were explained in the representation of people Act (as it was originally enacted in 1951) in Chapter I of Part VII thereof. Section 123…
The True Sense of Acceptance in Contract Law
Anson’s law of Contract In Anson’s law of Contract the law is summarised thus: “Acceptance means in general communicated acceptance. * * * * It must be something more than…
Foundations of Judicial Independence
Deep learning in law, incisive and alert mind to quickly grasp the controversy, energy and commitment to resolve the problem are critical elements which make a Judge efficient and enable…
No man shall be a judge in his own cause- Origin of the Doctrine and Principles of Recusals
It is one of the settled principles of a civilised legal system that a Judge is required to be impartial. It is said that the hallmark of a democracy is…
Judicial Appointments- Original Drafting and discussion in Constitutional Assembly
Ad hoc committee on the Supreme Court After the constitution of the Constituent Assembly, the issue of judicial appointments and salaries was taken up by an ad hoc committee on…
Collegium System- Third Judges Case 1998
This is an excerpt from the judgment The opinion of the Chief Justice of India which has primacy in the matter of recommendations for appointment to the Supreme Court has…
Executive may also propose the names of Judges for Appointment- Second Judge Transfer Case
The article is an excerpt from the Judgment. By convention and practice, the initiation of proposal for judgeship is to be made only by the CJI whose opinion in this…
Transfers and Appointments of the Judges- Norms established by Supreme Court in Second Judge Transfer Case
This article is an excerpt from the judgment Every power vested in a public authority is to subserve a public purpose, and must invariably be exercised to promote interest. This…
The Primacy of the Opinion of Chief Justice in the Appointment of Judges- Second Judge Transfer Case
This is an edited excerpt from the Judgment Drafting of the Articles When the Constitution was being drafted, there was general agreement that the appointments of Judges in the superior…