Purposive Interpretation
In S.R. Chaudhuri v. State of Punjab and others, a three-Judge Bench has opined that constitutional provisions are required to be understood and interpreted with an object-oriented approach and a…
Interpretation of the Constitution- Historical or Contemporaneous Interpretation.
The task of interpreting an instrument as dynamic as the Constitution assumes great import in a democracy. The Constitutional Courts are entrusted with the critical task of expounding the provisions…
Federal Functionalism and Democracy
Democracy is a form of government where the people rule. Aristotle viewed democracy as a form of government in which the supreme powers are in the hands of freemen and…
Collective Responsibility- Concept in Brief
In the Constituent Assembly Debates, Dr. B.R. Ambedkar spoke thus on collective responsibility: ¬ “I want to tell my friend Prof. K.T. Shah that his amendment would be absolutely fatal…
Constitutional governance and the conception of legitimate constitutional trust
The concept of constitutional governance in a body polity like ours, where the Constitution is the supreme fundamental law, is neither hypothetical nor an abstraction but is real, concrete and…
Constitutional Morality and Constitutional Objectivity
Constitutional morality in its strictest sense of the term implies strict and complete adherence to the constitutional principles as enshrined in various segments of the document. When a country is…
Principles of representative governance
Representative Governance in a Republican form of democracy is a kind of democratic setup wherein the people of a nation elect and choose their law-making representatives. The representatives so elected…
The jural consequence of a remission of the sentence.
Remission, in the legal context, doesn't equate to absolution. It doesn't erase the committed offense or the resulting conviction; rather, it meticulously influences the execution of the imposed sentence.
Meaning of “State” for Part XIV of the Constitution
Article 308 provides the definition of ‘State’ for Part XIV of the Constitution. Article 308 as it stood prior to the Constitution (Seventh amendment) Act 1956 provides as follows: “308.…
The ‘Class’ of Union Territories and the Status of Delhi
When the Indian Constitution was adopted, the States of the Indian Union were classified into Part A, Part B, and Part C States. Delhi was a Part C State and…