Admissibility and Evidentiary Value of Judicial Confession
In Balwinder Singh v. State of Punjab , Supreme Court stated the principle that an extra-judicial confession, by its very nature is rather a weak type of evidence and requires…
The Meaning of ‘Status Quo’ in Property-related Orders
The parties are (or a party is) normally directed to maintain status quo in regard to a property, so that the position does not get altered or become irreversible pending…
Presumption of Notice- Section 106 of Transfer of Property Act
Presumption of notice has been interpreted by the Full Bench of Allahabad High Court in Ganga Ram v. Phulwati (FB) A.I.R. 1970 Allahabad 446, where following questions were referred:- (1)…
The Concept of ‘Creamy Layer’- Indira Sawhney Case
‘Means’ test and ‘creamy layer’ ‘Means test’ in this discussion signifies imposition of an income limit, for the purpose of excluding persons (from the backward class) whose income is above…
Mechanism Suggested by Supreme Court to Identify Backward Classes in Indira Sawhney Case
This is an edited excerpt from Indira Sawhney Judgment (Headings have been added) There is no set or recognised method. There is no law or other statutory instrument prescribing the…
Backward Classes in Pre-Independence India- ‘Caste’ and ‘Class’ in Colonial India’s Administrative Frameworks
The words ‘Caste’ and ‘Class’ in Pre-Constitution India Madras Province In the Madras Provincial and Subordinate Service Rules, 1942, framed by the Governor of Madras under Section 241(2)(b) read with…
Whether Clause (4) of Article 16 is exhaustive of the topic of reservations
An Excerpt from Indira Sawhney Judgement Meaning of Reservation Its meaning has to be ascertained having regard to the context in which it occurs. The relevant words in Section 16…
The Framing of Article 16: Debates in the Constituent Assembly
Draft Article 10 Draft Article 10 corresponds to Article 16. The debate in the Constituent Assembly on draft Article 10 and particularly Clause (3), thereof helps us to appreciate the…
The First Backward Classes Commission (Kalelkar Commission)
Draft Article 10 The proceedings of the Constituent Assembly on draft Article (10) disclose a persistent and strident demand from certain sections of the society for providing reservations in their…
Article 17 forbids every type of untouchability including the untouchability based on Mensuration
Article is an excerpt from the judgment of Justice Rohinton F. Nariman in Sabrimala Case The guarantee against social exclusion based on notions of “purity and pollution” is an acknowledgment…