Prior Restraint and Freedom of Speech
Supreme Court is not only the sentinel of the fundamental rights but also a balancing wheel between the rights, subject to social control. Freedom of expression is one of the…
Representative Government and Its Adoption in India
Parliamentary democracy generally envisages (i) representation of the people, (ii) responsible government and (iii) accountability of the Council of Ministers to the Legislature. The essence of this is to draw…
Article 164 of the Constitution- Provision Explained with Draft Article, Assembly Debates and Case Laws
Provision “164. Other provisions as to Ministers. – (1) The Chief Minister shall be appointed by the Governor and the other Ministers shall be appointed by the Governor on the…
Can a Person who is not a member of legislature be sworn as Minister of the State?
A Constitution Bench of Supreme Court had occasion to consider whether a person who is not a member of either House of the State Legislature could be appointed a Minister…
Can a person who is not a member of either House of Parliament be sworn in as the Prime Minister of India?
This question came before the court for consideration in the case of S.P. Anand, Indore vs H.D. Deve Gowda & Others, 1996. The Petitioner file the petition challenging the appointment…
The Relations and Distinctions between Article 74, 75 and Article 163 & 165
The Provisions 74. Council of Ministers to aide and advise President.— (1) There shall be a Council of Ministers with the Prime Minister at the head to aid and advise…
The Extent of Supreme Court’s Power under Article 142
Supreme Court has very wide powers under Article 142 for doing complete justice. Apart from the jurisdiction and powers conferred on Supreme Court under Articles 32 and 136 of the…
The Principle of Finality and the Curative Petition
The principle of finality is insisted upon not on the ground that a judgment given by the apex Court is impeccable but on the maxium “Interest reipublicae ut sit finis…
Can Supreme Court Issue Certiorari writ against High Court? – Law Points about Certiorari Writ
In the pre- constitutional era the jurisdiction to issue the prerogative writs was enjoyed only by three chartered High Courts in India but with the coming into force of the…
The Original and Writ Jurisdiction of the Supreme Court
The Jurisdiction of the Supreme Court Supreme Court of India is established by Article 124 of the Constitution which specifies its jurisdiction and powers and enables Parliament to confer further…