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…
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…
When Constitution of Cyprus was referred in Supreme Court as a model for power sharing formal between religions
The model of Power sharing formula of Cyprus divided on religion basis (however that is not stand correct today, as changes have been made in Cyprus), was referred by Advocated…
The Tripartite Agreement of Sikkim with Government of India
Chogyal, the ruler of Sikkim, was an autocratic ruler anxious to regain his absolute power, while the people were becoming more aware of their rights in the changing world. By…
Supreme Court on the Continued Prevalence of Caste-Based Discrimination in India
This is an excerpt from the case of ‘Sukanya Shantha v. Union of India (2024)’ What does the future hold for India? Dr Ambedkar had expressed this concern in his…
The Role of Legal Service Authorities in Prisons
In order to ensure that the fundamental rights of prisoners are not violated, the role of legal services authorities is crucial. The importance of free legal aid has been emphasized…
The Origin of the word ‘Habitual Offender’ under Indian Laws
The classification of “habitual offender” emerged prior to the repeal of the Criminal Tribes Act. Several Provinces had enacted their habitual offender laws. The Madras Restriction of Habitual Offenders Act,…
Whether caste based division of labour/work is forced labour? – Supreme Court Answers
The question was answered by Supreme Court in the case of ‘Sukanya Shantha v. Union of India (2024)’, when the petitioner, Sukanya Shantha, a journalist, who wrote an article “From…
A Brief History of Pre-Colonial Era Caste-Based Oppression in India
The history of India has witnessed centuries of discrimination towards the oppressed castes. Violence, discrimination, oppression, hatred, contempt, and humiliation, towards these communities were the norm. The caste system entrenched…