Disqualification of MP and MLA- Lily Thomas Case
Recently, India saw a disqualification of Indian main opposition leader Rahul Gandhi from Parliament. He was convicted in a defamation case by Surat court and as a consequence of that…
What’s the difference between staying of conviction and suspension of Sentence?
India’s main opposition leader Rahul Gandhi, was disqualified from Loksabha membership after his conviction and two years sentence in consequence of that conviction, in a case of defamation. But, the…
Passing of law is not enough, law should also be reasonable
Article 21 is the foundation of the constitutional scheme. It grants to every person the right to life and personal liberty. This Article prescribes a negative mandate that no person…
The ‘Balancing of Interest’ Approach in Law
The First Amendment to the United States (US) Constitution, a bellwether in the pursuit of expanding the horizon of civil liberties. This Amendment provides for the freedom of speech of…
The case when Supreme Court ended Sealed Cover culture
Madhyamam Broadcasting Limited v. Union of India (2023) The case was that Union Ministry of Information and broadcasting, had revoked the license of a Malayalam News channel ‘Media one’, because…
Constitutionalizing principles of natural justice: the impact of Maneka Gandhi Case
The content of natural justice and the standard for judicial review of non-compliance has undergone a change after principles of natural justice were constitutionalized in Maneka Gandhi v. Union of…
Application of Natural Justice in Administrative Proceedings
The principles of natural justice were read into the law and conduct of judicial and administrative proceedings with an aim of securing fairness. These principles seek to realise the following…
‘Fraternity’ as Constitutional morality
The term “fraternity” has a significant place in the history of constitutional law. It has, in fact, come into prominence after French Revolution. The motto of Republican France echoes: –…
The analysis of ‘Reasonable Restrictions’ under Article 19(2)
‘Freedom of Speech and Expression’ is a fundamental right given to Indian Citizen under part III of Indian Constitution. Article 19 of Indian Constitution gives several fundamental rights to citizens,…
The basic concept of crime
In Halsbury’s, 4th Edition, “Principles of Criminal Liability” Crime has been described thus: – “There is no satisfactory definition of crime which will embrace the many acts and omissions which…