Indira Sawhney-I- What were the facts of the Writ Petitions?
For giving effective implementation to clause (4) of Article 16 that provides equality of opportunity in matters of public employment to people belonging to any backward class, number of Backward…
The Prologue of Indira Sawhney-I Judgment by Justice S.R. Pandian
S. Ratnavael Pandian. J. Equality of status and of opportunity…….’ the rubric chiselled in the luminous preamble of our vibrating and pulsating Constitution radiates one of the avowed objectives in…
Does Article 14 also apply to Foreigners?
Article 14 runs as follows :- “The State shall not deny to any Person equality before the law or the equal protection of the laws within the territory of India.”…
Can Fundamental Rights be Waived? – Basheshar Nath Case
The case of Basheshar Nath v. Commissioner of Income-tax, Delhi and Rajasthan and another (1958) is a landmark case on the question whether a person can waive his fundamental rights…
The History of Insertion of Fundamental Rights to Indian Constitution
H.H. Bhagwati, J. – Ours is a nascent democracy and situated as we are, socially, economically, educationally and politically, it is the sacred duty of the Supreme Court to safeguard…
Can Fundamental Rights be Waived? – Basheshar Nath Case
The case of Basheshar Nath v. Commissioner of Income-tax, Delhi and Rajasthan and another (1958) is a landmark case on the question whether a person can waive his fundamental rights…
Continuing Wrong Principle in Service Law- When It Applies?
In Union of India v. Tarsem Singh (2008), the Court deliberated on the question of ‘continuing wrong’ on state’s part in issues related to pension or arrears. The Court said,…
Section 5 of the Limitation Act- Condonation of Delay is not the Right of Applicant
Section 5 of the Limitation Act. Section 5 of the Limitation Act, reads as under: – “5. Extension of prescribed period in certain cases.— Any appeal or any application, other…
Rule of Limitations- General Policy of the law of limitation is to favour the use of legal diligence
Supreme Court in Hameed Joharan (Dead) & Ors. v. Abdul Salam (Dead) by LRs & Ors., reported in (2001) 7 SCC 573, wherein it was observed that the general policy…
Rule of Limitation- Jurisprudential Aspects
Rules of limitation are not meant to destroy the rights of parties. They are meant to see that parties do not resort to dilatory tactics, but seek their remedy promptly.…