Process of Removal of the Judge under Judges (Inquiry) Act, 1968
The constitutional scheme for the removal of a Judge of the Supreme Court or a High Court in accordance with Article 124(4) of the Constitution and the Judges (Inquiry) Act,…
What are Obiter dicta and Ratio decidendi in a Judgement? – Simple Explanation
Not every observation in a judgement of Supreme Court is binding as precedent. Only the ratio decidendi or the propositions of law that were necessary to decide on the issues…
The Law laid down by Supreme Court is binding on subsequent benches of lesser or coequal strength
The law laid down by Supreme Court is binding on subsequent benches of lesser or coequal strength. A bench of lesser strength cannot disagree or dissent from the view taken…
Property Owners’ Association Case- The issue of the revival of Article 31C after Minerva Mills Case
In Property Owners’ Association v. State of Maharashtra (2024), at its core, the dispute concerned whether the text of Article 31-C as it stood prior to the Forty-Second Amendment can…
Effect of Invalidation of Subsequent Legislation- The need to assess legislative intent and Judicial decision
The need to assess not only the entirety of the legislative circumstances but also the judicial decision invalidating the amending statute is also apparent from the decision in Shaukat Khan…
Revival Principle After Substitution: Supreme Court’s View in BN Tewari Case (1965)
In BN Tewari v. Union of India , 1965 (2) SCR 421, which was a writ petition under Article 32 filed on the heels of the decision of Supreme Court…
The Process of Substitution of Statutes and its Effect- Judicial Precedents
In Maharashtra v. Central Provinces Manganese Ore, 1977 (1) SCC 643; 1976 INSC 269, In a taxation dispute, the assessee challenged an amendment to the Explanation to clause (g) of…
Article 31-C- Its Insertion to the Constitution and Challenges
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 principles set out in clauses…
Section 340 of the CrPC and the Prerequisites for Initiating an Inquiry – Supreme Court Rulings
Indian Penal Code Section 191. Giving false evidence. -Whoever, being legally bound by an oath or by an express provision of law to state the truth, or being bound by…