Rule Making Power conferred by a Statute should be confined within the Statute
The law is well-settled on the point that when a rule-making power is conferred under any statute on an authority, the said power has to be exercised within the confines…
Under the constitutional scheme mixing religion with State power is not permissible- Supreme Court
Secularism has been declared by Supreme Court to be one of the basic features of the Constitution. A long line of decisions delivered by Supreme Court on the subject have…
Literal versus Purposive Interpretation
The conflict between giving a literal interpretation or a purposive interpretation to a statute or a provision in a statute is perennial. It can be settled only if the draftsman…
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 statute…
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…