Importance of Intention of the Legislature in Interpretation of Laws
It is a well settled principle in law that the Court cannot read anything into a statutory provision which is plain and unambiguous. A statute is an edict of the…
Colourable Legislation – In Brief
When a legislature which has no power to legislate frames legislation so camouflaging it as to appear to be within its competence when it knows it is not, it can…
Legislation by Incorporation- Explanation by Example
Legislation by incorporation is a common legislative device employed by the legislature, where the legislature for convenience of drafting incorporates provisions from an existing statute by reference to that…
Does Supreme Court bind to follow its previous Precedent?
Position in England In England, the Court of Appeal has imposed upon its power of review of earlier precedents a limitation, subject to certain exceptions. The limitation thus accepted is…
The standard to review the Constitution
The framing of the Constitution of a State is a capital political fact and not a juridical act. No court or other authority in the State under the Constitution can,…
Interpretation of Constitution is different from Interpretation of Statutes- Here is what SC said
The framing of the Constitution of a State is a capital political fact and not a juridical act. No court or other authority in the State under the Constitution can,…
The jurisprudence of statutory construction
The semantic technique of updating the living sense of dated legislation is, perfectly legitimated, especially when, in a developing country like ours, the corpus juris is, in some measure a…