Freedom of Religion Article 25 and 26- An Analysis
The chapter on Fundamental Rights encompasses the rights to (i) Equality (Articles 14 to 18); (ii) Freedom (Articles 19 to 24); (iii) Freedom of religion (Articles 25 to 28); (iv)…
Scope and effect of religious freedom contained in Articles 25 and 26
Nar Hari Sastri and Ors. v. Shri Badrinath Temple Committee In one of the earliest judgments dealing with religious freedom, namely, Nar Hari Sastri and Ors. v. Shri Badrinath Temple…
What Constitutes an Essential Religious Practice? – Supreme Court in Sabrimala Case
Article 25 merely protects the freedom to practise rituals, ceremonies, etc. which are an integral part of a religion as observed by Supreme Court in John Vallamattom and another v.…
The Essence of Constitution Morality
The term morality occurring in Article 25(1) of the Constitution cannot be viewed with a narrow lens so as to confine the sphere of definition of morality to what an…
Legislative History of India- From the time of arrival of East India Company to the time of Indian Constitution
The East India Company first started its operations as a trading company in India and gradually acquired political influence. The Crown in England became the legislative authority in respect of…
Foundations of Judicial Independence
Deep learning in law, incisive and alert mind to quickly grasp the controversy, energy and commitment to resolve the problem are critical elements which make a Judge efficient and enable…
No man shall be a judge in his own cause- Origin of the Doctrine and Principles of Recusals
It is one of the settled principles of a civilised legal system that a Judge is required to be impartial. It is said that the hallmark of a democracy is…
Judicial Appointments- Original Drafting and discussion in Constitutional Assembly
Ad hoc committee on the Supreme Court After the constitution of the Constituent Assembly, the issue of judicial appointments and salaries was taken up by an ad hoc committee on…
Collegium System- Third Judges Case 1998
This is an excerpt from the judgment The opinion of the Chief Justice of India which has primacy in the matter of recommendations for appointment to the Supreme Court has…
Executive may also propose the names of Judges for Appointment- Second Judge Transfer Case
The article is an excerpt from the Judgment. By convention and practice, the initiation of proposal for judgeship is to be made only by the CJI whose opinion in this…