Identification Parade- Value as an evidence
Identification Tests do not constitute substantive evidence As was observed by Supreme Court in Matru v. State of U.P. (1971 (2) SCC 75) identification tests do not constitute substantive evidence.…
Termination of Tenancy on Natural Calamity- Determination
Definition of Lease Chapter V, of the Transfer of Property Act, 1882 (for short T.P. Act) deals with leases of immovable property. Section 105 defines lease as “Section 105 —…
Reservation more than 50%- When it started and what is its significance?
MR Balaji v. State of Mysore (1962), In MR Balaji v. State of Mysore (1962), a Constitution Bench of Supreme Court rejected the argument that in the absence of a…
Meaning of ‘Backward Class’- An Insight from Constitutional Assembly Debates
An Excerpt from Indira Sawhney Judgment It must be noted what is said during these debates is not conclusive or binding upon the court because several members may have expressed…
Earlier Cases on Reservation After Independence
Cases of Champakam Dorairajan and Venkataraman (1951) Soon after the enforcement of the Constitution two cases reached Supreme Court from the State of Madras – one under Article 15 and…
Mandal Commission- A Complete Analysis from its inception
Constitution By an Order made by the President of India, in the year 1979, under Article 340 of the Constitution, a Backward Class Commission was appointed to investigate the conditions…
Upholding Equality: The Vision of India’s Constitution
Forty and three years ago was founded this republic with the fourfold objective of securing to its citizens justice, liberty, equality and fraternity. Statesmen of the highest order the like…
The vision behind the philosophy of Article 17
Provision of Article 17 Article 17 provides: “Untouchability is abolished and its practice in any form is forbidden. The enforcement of any disability arising out of “Untouchability” shall be an…
Article 17 Abolition of Untouchability- Provision and History of its Drafting
Article 17 occupies a unique position in our constitutional scheme. The Article, which prohibits a social practice, is located in the chapter on fundamental rights. The framers introduced Article 17,…
Scope and effect of religious freedom contained in Articles 25 and 26
Nar Hari Sastri and Ors. v. Shri Badrinath Temple Committee In one of the earliest judgments dealing with religious freedom, namely, Nar Hari Sastri and Ors. v. Shri Badrinath Temple…