Judicial Duty: Upholding Social Justice in Modern Society
It is necessary for every Judge to remember constantly and continually that our Constitution is not a non-aligned national charter. It is a document of social revolution which casts an…
Transit Rent not liable to tax and so not subject to Tax Deducted at Source (T.D.S.): Bombay High Court
Bombay High Court Diary Introduction The real estate sector has witnessed an upswing today after experiencing a lull during the coronavirus pandemic. Buildings which are dilapidated and in a precarious…
Locus Standi in cases of violations of Constitutional or Statutory Obligations- SP Gupta Case
Edited Excerpt from Justice Bhagwati’s Judgment in SP Gupta Case It is essential to the maintenance of the rule of law that every organ of the State must act within…
The Rule of Locus Standi in Writ Petitions as laid down in SP Gupta Case
Edited Excerpt from Justice Bhagwati’s Judgment in SP Gupta Case The traditional rule in regard to locus standi is that judicial redress is available only to a person who has…
Advisory Jurisdiction of Supreme Court- Provision and the extent of Advisory Jurisdiction
Provision Article 143 of the Constitution reads as follows: 143(1) If at any time it appears to the President that a question of law or fact has arisen or is…
Directive Principles of State Policy- Justice Bhagwati in Minerva Mills Case
An Edited Excerpt from Justice Bhagwati’s Judgment in Minerva Mills Case Indian Constitution is a Social Document The Indian Constitution is first and foremost a social document. The majority of…
Fundamental Rights and Directive Principles- Relations and Process of their Adoption
Legacy of Freedom Struggle The genesis of Fundamental Rights and Directive Principles is to be found in the freedom struggle which the people of India waged against the British rule…
A Sketch of Keshvananda Bharthi Judgment by Justice Bhagwati
The present edited excerpt is from Justice Bhagwati’s Judgment in Minerva Mill Case Whether there are any limits on the amending power of Parliament under Article 368 and if so,…
The Relations between Fundamental Rights and Directive Principles- Minerva Mill Case
Edited Excerpt from the Judgment Principles of State Policy There is no doubt that though the courts have always attached very great importance to the preservation of human liberties, no…
Keshvananda Bharthi v. Union of India (1973) – Summary of Judgments
In Kesavananda Bharati Supreme Court held by a majority that though by Article 368 Parliament is given the power to amend the Constitution that power cannot be exercised so as…