Fundamental Rights and Directive Principles- History of Drafting
Parts III and IV essentially form a basic element of the Constitution without which its identity will completely change. Historical Background and Influences on Fundamental Rights and Directive Principles The…
Implied Limitations on Parliament’s Power to Amend the Constitution- Justice Sikri in Kesavananda Bharthi Case
Edited Excerpt from the Judgment of Justice Sikri (Headings have been added) It seems to me that reading the Preamble, the fundamental importance of the freedom of the individual, indeed…
Does Bharat Really Need The Criminal Laws?
Let’s take a step-in near future for a moment and jump to 1st July 2024. Is something big happening? Yes, the Bharatiya Nyaya Sanhita, the Bharatiya Nagarik Suraksha Sanhita and…
The Drafting of Preamble of Indian Constitution- History and Process of Interpretation
Initial Draft of the Preamble In the earliest draft the Preamble was something formal and read: “We, the people of India, seeking to promote the common good, do hereby, through…
What is meant by ‘Taking Cognizance’? – Explaining with Court Rulings
In ordinary language, word “cognizance” means detailed knowledge about or understating of something, whereas in legal parlance, it means taking of judicial notice of an offence. It is a pre-requisite…
Maneka Gandhi Case- Justice VK Krishna Iyer on ‘Right to travel abroad’
Edited Excerpt from the judgment (Headings have been added) In the context of scary expressions like ‘security’ ‘public order, ‘public interest’ and ‘friendly foreign relations’, we must warn ourselves that…
Be you ever so high, the law is above you- Justice VK Krishna Iyer on ‘Human Liberty’
Edited Excerpt from the judgment (Headings have been added) It is a mark of interpretative respect for the higher norms our founding fathers held dear in affecting the dearest rights…
Maneka Gandhi Case- Justice VK Krishna Iyer’s interpretation of ‘Procedure established by law’
An Edited Excerpt from the judgment (Headings have been added) The Meaning of ‘Procedure’, ‘Established’, and ‘Law’ What is ‘procedure’? What do we mean by ‘established’? And what is law?…
Maneka Gandhi Case – Justice VK Krishna Iyer on ‘Liberty’ and ‘Right of Free Movement’
An Edited Excerpt from the judgment (Headings have been added) Remember, even democracies have experienced executive lawlessness and eclipse of liberty on the one hand and ‘subversive’ use of freedoms…
Direct and Inevitable effect test- The Evolution of Doctrine in Maneka Gandhi’s Case
A.K. Gopalan Case- The Starting phase of doctrine A. K. Gopalan’s case was the earliest’ decision of Supreme Court on the subject, following almost immediately upon the commencement of the…