What Justice Nagarathna said on ‘Rule of Law’ in Bilkis Bano Case?
Article 21 of the Constitution states that no person shall be deprived of his liberty except in accordance with law. Conversely, we think that a person is entitled to protection…
The way to Interpret the Constitution according to Supreme Court
Constitution is not merely a legal document. The Constitution embodies a political vision of a plural democratic polity. This political vision combines with the values which the founding fathers infused…
Constitutional Morality According to Supreme Court
The Constitution was adopted in an atmosphere of expectation and idealism. The members of the Constituent Assembly had led the constitutional project with a commitment to the future of a…
Constitutional Culture and Pragmatism
“Constitutional culture” is inherent in the concepts where words are transformed into concrete consequences. It is an interlocking system of practices, institutional arrangements, norms and habits of thought that determine…
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…