The Essence of Rule of Law and its Application in Indian Constitution
We are in the age of constitutional democracy, that too substantive and liberal democracy. Such a democracy is not based solely on the rule of people through their representatives which…
How ‘ADHAAR’ Came into Existence?- A Story
On March 03, 2006, approval was given by the Department of Information Technology, Ministry of Communications and Information Technology, Government of India for the project titled ‘Unique Identification for BPL…
Bombay HC provides clarity on the liability of promoters in joint venture real estate projects
Bombay High Court Diary Introduction Justice Sandeep V. Marne of the Hon’ble Bombay High Court was hearing an appeal filed pertaining to the issue of liability of the promoters in…
Parliamentary Privileges- The Story of its Origin
Parliamentary Privileges in India have been adopted from UK. The law on parliamentary privileges in UK was developed after a struggle by the House of Commons with the Tudor and…
Why it is Necessary to Give Specific Para-Wise Reply in Written Statement
In the written statement filed by defendant, specific para-wise reply should be given. In the absence of para-wise reply to the plaint, it becomes a roving inquiry for the Court…
Parliamentary privilege as a collective right of the House
According to Erskine May, parliamentary privilege is the sum of certain rights enjoyed by each House collectively as a constituent part of the “High Court of Parliament” and by members…
Necessity test to claim and exercise a Parliamentary Privilege
In State of Karnataka v. Union of India (1977) a seven-Judge bench of Supreme Court speaking through MH Beg, CJ held that the powers under Article 194 (as well as…
History of Parliamentary Privileges in India
Article 105 which is located in Part V Chapter II of the Constitution stipulates the powers, privileges, and immunities of Parliament, its members and committees. An analogous provision concerning State…
The Jurisprudential Aspects of Parliamentary Privileges
In a deliberative democracy, the aspirations of the people are met by discourse in democratic institutions. The foremost among these institutions are Parliament and the State Legislatures. The object of…
Judicial Approach towards balancing fundamental rights: The double proportionality standard
At the core of governance is the conflict between different constitutional values or different conceptions of the same constitutional value. Countries with a written Constitution attempt to resolve these conflicts…