Supreme Court Judgments touching Upon Horizontal Reservation
The supreme Court first clarified the concept of Vertical and Horizontal Reservation in the case of Indra Sawhney and Others v. Union of India and others (1992) Supp (3) SCC…
The Power of the Governor to appoint District Judge
The power of appointment of persons to be District Judges conferred on the Governor, meaning the State Government, under Article 233(1) in consultation with the High Court is an executive…
Supreme Court’s Power under Article 142 to grant divorce in mutual consent cases
Exercise of jurisdiction under Article 142(1) of the Constitution of India by Supreme Court in such cases is clearly permissible to do `complete justice’ to a `cause or matter’. We…
The Interpretation of ‘Doing Complete Justice’ under Article 142 as done by Supreme Court
Article 142 of the Constitution grants the power to the Supreme Court of India to do complete justice in any cause or matter pending before it. Article 142(1) of the…
The distinction of Powers of the Court under Article 142 of Constitution, Section 151 of CPC and Section 482 of CrPC
The Constitutional power is exercisable by Supreme Court under Article 142(1) of the Constitution of India, and the inherent power of the civil court recognised by section 151 of the…
The Police or Public Prosecutor do not have unfettered Power to withdraw Prosecution
Section 321 of CrPC gives the power to Public Prosecutor and Assistant Public Prosecutor to withdraw the prosecution against a person except in some cases. Section 321 reads as follows…
Death penalty not to be imposed on a person suffering from any form of mental disorder
India is a member of the United Nations and has ratified the International Covenant on Civil and Political Rights (ICCPR). A large number of United Nations international documents prohibit the…
Article 21 for the Convicts
The right to life is the most fundamental of all rights. The right to life, as guaranteed under Article 21 of the Constitution of India, provides that no person shall…
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…