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…
Waman Rao Case in Brief
The petitioners in Waman Rao challenged the Maharashtra Lands (Ceiling on Holdings) Act, 1961 which had been placed in the Ninth Schedule of the Constitution. The respondents relied on Articles…
Article 31-C- Its Insertion to the Constitution and Challenges
Article 31-C provides statutes with immunity against constitutional challenges for alleged breaches of Articles 14 and 19 provided that the statutes give effect to the principles set out in clauses…