Bombay High Court permits MHADA to undertake the redevelopment of land; Dismisses Developer’s Petition
Bombay High Court Diary Introduction A division bench of the Hon’ble Bombay High Court comprising of Justice A.S. Gadkari and Kamal Khata was hearing a petition filed by the developers…
Directive Principles- Article 37 and 38 of the Constitution
Articles 37, and 38 of the Constitution read as under:- “37. Application of the principles contained in this Part. — The provisions contained in this Part shall not be enforceable…
The Constitution of India: A living Tree
This article is an excerpt from the judgment of Justice Nagarathna in Property Owner Association v. State of Maharashtra (2024). Emile Durkheim, the French sociologist who formally established the academic…
From 1950 to 1991: Planned economy to Liberalization, Privatisation and Globalisation (“LPG”)
This article is an excerpt from the judgment of Justice Nagarathna in Property Owner Association v. State of Maharashtra (2024). Much like many countries finding liberation from colonial rule, the…
Debates about the text of Article 39(b) in Constituent Assembly
On 22 November 1948, the Constituent Assembly debated a proposed amendment to Article 31 of the draft Constitution, which corresponds to Article 39 of the present Constitution. Professor KT Shah…
Debates about the purpose of Directive Principles in Constituent Assembly
On 4 November 1948, Dr B R Ambedkar moved a motion to introduce the draft constitution and delivered a landmark speech, explaining the intentions and ideas behind various provisions of…
Article 31C- A Detail into the Amendments and Judicial Interpretations
Brief History of Article 31-C Article 31-C provides statutes with immunity against constitutional challenges for alleged breaches of Articles 14 and 19 provided that the statutes give effect to the…
Secularism in the Constitutional Context
The preamble to the Constitution enshrines the declaration to constitute India into a sovereign, socialist, secular, democratic, republic. The 42nd Amendment to the Constitution incorporated the expression ‘secular’ in the…
The History of the Movements of Minority Rights
This article is an excerpt from Justice Suryakant’s judgment in ‘Aligarh Muslims University v. Naresh Aggarwal (2024). History of minority rights The basis of defining the term ‘minorities’ and bestowing…
Larger Bench and Lower Bench of Supreme Court- Where a Precedent is Binding?
In Central Board of Dawoodi Bohra Community v. State of Maharashtra, a Constitution Bench discussed the legal precepts which apply to orders of reference and reiterated the position of law…