Necessity test to claim and exercise a Parliamentary Privilege
In State of Karnataka v. Union of India (1977) a seven-Judge bench of Supreme Court speaking through MH Beg, CJ held that the powers under Article 194 (as well as…
History of Parliamentary Privileges in India
Article 105 which is located in Part V Chapter II of the Constitution stipulates the powers, privileges, and immunities of Parliament, its members and committees. An analogous provision concerning State…
The Jurisprudential Aspects of Parliamentary Privileges
In a deliberative democracy, the aspirations of the people are met by discourse in democratic institutions. The foremost among these institutions are Parliament and the State Legislatures. The object of…
Judicial Approach towards balancing fundamental rights: The double proportionality standard
At the core of governance is the conflict between different constitutional values or different conceptions of the same constitutional value. Countries with a written Constitution attempt to resolve these conflicts…
Privacy of a Citizen- Supreme Court’s Views
In Justice KS Puttaswamy (9J) v. Union of India a nine-Judge Bench of Supreme Court held that the Constitution guarantees the right to privacy. Supreme Court traced the right to…
The Centrality of Political Parties in the Electoral System
Tenth Schedule The Constitution of India did not make a reference to political parties when it was adopted. A reference was made when the Tenth Schedule was included in the…
Right to Information of a Voter: Exploring the Judgments in ADR and PUCL
ADR Judgment In Union of India v. Association for Democratic Reforms (“ADR”), Supreme Court traced the right of voters to have information about the antecedents, including the criminal past, of…
The Evolution of Right to Information in India
Article 19(1)(a) has been held to guarantee the right to information to citizens. The judgments of Supreme Court on the right to information can be divided into two phases. In…
Deity as a perpetual minor- Analysis
In Bishwanath v Sri Thakur Radha Ballabhji Supreme Court was tasked with deciding whether a worshipper can maintain a suit for eviction on behalf of the idol if the shebait…
The right to sue on behalf of deity to Shebait and next friend
The question of who can sue on behalf of the idol arises due to the unique nature of the idol. The idol is a juristic person and the owner of…