The Extent of Pardoning Powers of President and Governor
The power of the executive to grant pardon under Article 72/161 is a Constitutional power and the Court, on numerous occasions, has declined to frame guidelines for the exercise of…
The Rationale of Pardoning Powers of President and Governor under Article 72 and 161
Both Articles 72 and 161 repose the power of the people in the highest dignitaries, i.e., the President or the Governor of a State, as the case may be, and…
Pardoning Powers- Article 72 and Article 161 of the Constitution
It is apposite to refer the relevant Articles which give power to the President of India and the Governor to grant pardons and to suspend, remit or commute sentences in…
Material Resources and the Common Good: Directive Principles in the Mafatlal Case
In Mafatlal Industries Ltd v. Union of India , 1997 (5) SCC 536; 1996 INSC 1514. a decision by a bench of nine judges of Supreme Court, the majority opinion…
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…
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…
When an amendment to a rule is invalidated by a court, the old rule does not revive- Principle Explained
The process of substitution consists of two steps. First, the old rule is made to cease to exist and, next, the new rule is brought into existence in its place.…
The Pen and Ink Theory in Law
In the case of Shamarao Parulekar v. District Magistrate, Thana, 1952 (2) SCC 1; 1952 INSC 63, the Preventive Detention Act, 1950 which at the time was scheduled to expire…