Meaning of ‘Finality Clause’ in Law
Finality clause means, a clause in a provision which made the decision final by certain authorities. When any statutory provision has the words ‘shall be final’, it constitutes finality clause.…
The Power of Loksabha Speaker to disqualify members on Defections
The ‘52nd Constitutional Amendment Act, 1985’ added the ‘10th Schedule’ in the Constitution. With other provisions, the amendment, under para 6 also gave power to speaker of the Loksabha, to…
Independent Thought v. Union of India, (2017)- A detailed analysis
A very important question was before the court in this case, whether sexual intercourse between a man and his wife being a girl between 15 and 18 years of age…
Article 15(3) of the Constitution- Origin and Object
Article 15(3) of the Constitution enables and empowers the State to make special provision for the benefit of women and children. The Constituent Assembly debated this provision on 29th November,…
Arrest- Need of balance between individual and collective rights and requirements before arrest
The law of arrest is one of balancing individual rights, liberties and privileges, on the one hand, and individual duties, obligations and responsibilities on the other; of weighing and balancing…
The origin of the writ of the Habeas Corpus
The writ of the ‘Habeas Corpus’ means the production of the body before the court. It is a remedy to enforce the fundamental rights, given under third part of Indian…
Kanu Sanyal vs District Magistrate Darjeeling (1973)- A case on Habeas Corpus
The question that arose in this petition under Article 32 of the Constitution was whether the production of the body of the person alleged to be unlawfully detained is essential…
Gita Hariharan v. Reserve Bank of India, (1999)- Complete Analysis
The case of ‘Gita Hariharan v. Reserve Bank of India, (1999)’, is a landmark case. It is an important case not only as regard to interpretation rule but also to…
Pravasi Bhalai Sangathan v. Union of India, (2014)- A case against hate speech
A writ petition was filed under Article 32, by an organisation dedicated to the welfare of inter-state migrants, requesting the court to issue direction to curb the evil practice of…
Meaning of Hate Speech under law and Indian Legal Framework to curb it
Hate speech is an effort to marginalise individuals based on their membership in a group. Using expression that exposes the group to hatred, hate speech seeks to delegitimise group members…