Principles of Criminal law: Presumption of Innocence and Natural Justice
The principle, that the criminal justice process is also to be in accordance with the principle of the rule of law, is also very well enshrined in the Constitution. The…
Rights of the Accused under the Constitution
Supreme Court has protected the prisoners from excesses and arbitrariness of the State and its officials. Even the incarcerated individuals, whether accused, undertrial, or convicts, have certain rights, as any…
Doctrine of Public Trust and Public Accountability
Though the doctrine of public trust has been largely applied by Supreme Court in environmental matters, it cannot be disputed that the executive exercises its powers as a ‘trustee’ of…
Separation of Powers- The Limits of the Doctrine in India
Our Constitution has earmarked separate areas for exercise of powers and for discharge of duties to the three organs of the democracy, viz., the Executive, the Legislature, and the Judiciary.…
Rule of Law- Concept and Judicial Precedents in India
The article is an excerpt from the judgment Re: Directions in the matter of demolition of structures. The rule of law has been succinctly conceptualized by AV Dicey, which can…
Article 326 of the Constitution- The Rights and Limits
The text of Article 326 provides that “the elections to the House of the People and to the Legislative Assembly of every State shall be on the basis of adult…
Background and Evolution of Adult Suffrage
In response to the clamour for adult suffrage, the issue of franchise in India was heavily deliberated upon in the Round Table Conference in 1931, and the Indian Franchise Committee…
Article 29 of the Constitution- An Analysis
Article 29(1) of the Constitution, which is included in Part III, confers upon any section of citizens residing in the territory of India, the right to conserve its language, script…
The Vagueness in Law and the Test and Extent of Vagueness
Vagueness is an inherent feature of language. The same intention can be expressed with a variety of words and expressions, and any given choice of words can relate to multiple…
Evolution of the principle of fraternity in terms of judicial construction
The Preamble to the Constitution provides us insight into the values that embody the Constitution. The Preamble declares India to be a sovereign, socialist, secular, democratic, and republic and secures…