The Origin of ‘Due process of law’ and its application in India
That expression ‘Due process of law” had its roots in the expression “per legem terrae” (law of the land) used in Magna Charta in 1215. In the reign of Edward…
A.K. Gopalan v. Union of India- An analysis
A.K. Gopalan case is landmark case in the judicial history of India. It was also one of early case that was heard after promulgation of constitution. This was a case…
Limitations on the legislative power of Indian Legislature
Under article 53 of the Constitution the executive power of the Union is vested in the President and is to be exercised by him in accordance with the Constitution either…
The challenge to the validity of NSA and Court’s Decision- Part 2
National Security Act, 1980, is preventive detention law in India. It was replaced by ‘National security ordinance, 1980’. For preventive detention in India, the provisions of NSA are applied. It…
The challenge to the validity of NSA and Court’s Decision- Part 1
National Security Act, 1980, is preventive detention law in India. It was replaced by ‘National security ordinance, 1980’. For preventive detention in India, the provisions of NSA are applied. It…
Is Ordinance a law?
The question came before the court in the case of ‘A.K. Roy v. Union of India, (1981)’, when the supreme court was considering the validity of ‘National security ordinance, 1980’.…
Validity of Preventive Detention in the light of Personal Liberty
There can be no doubt that personal liberty is a precious right. So did the founding fathers believe at any rate because, while their first object was to give unto…
The Doctrine of Separation of power
Separation of Power means, judiciary, executive and legislature should work in their own field and should not interfere in one other’s works. The doctrine was propounded by French Political Philosopher…
The History of Ordinance making Power
Our Constituent Assembly was composed of famous men who had a variegated experience of life. They were not elected by the people to frame the Constitution but that was their…
National Security Act, 1980- An analysis
National Security Act, 1980, is preventive detention law in India. It was replaced by ‘National security ordinance, 1980’. For preventive detention in India, the provisions of NSA are applied. This…