The Origin of Election Commission- Constitution Assembly Debates
In the Government of India Act, 1935, and in the earlier statues the conduct of elections was left to the executive – the Central or Provincial Governments, according as election…
A Brief legal history how Delhi found its present shape of government
The Union Territory of Delhi, as it now exists, has undergone many constitutional changes. When first time it became Indian Capital under British Rule Prior to September 17, 1912, the…
The Origin of ‘Due process of law’ and its application in India
That expression ‘Due process of law” had its roots in the expression “per legem terrae” (law of the land) used in Magna Charta in 1215. In the reign of Edward…
Right against self-incrimination- Origin, Rational behind it, Provision in Constitution, and Criticism
Along with the `rule against double-jeopardy‘ and the `rule against retrospective criminalisation’ enumerated in Article 20, ‘right against self-incrimination’ is one of the fundamental protections of Article 20 in Indian…
Advisory Jurisdiction of the supreme court- Origin, Provisions and Analysis
Indian Supreme court has advisory jurisdiction under 143 of Indian Constitution, this means if president need any advice on any substantial legal question, the president may refer it to supreme…
The Meaning and History of the offence of perjury
Courts are entrusted with the powers of dispensation and adjudication of justice of the rival claims of the parties besides determining the criminal liability of the offenders for offences committed…
English Authorities on Drunkenness and Mens Rea
It is obvious fact that principles of Indian Criminal law are mostly inspired by the principles propounded by English Courts. However, in cases, Indian Courts took the different conditions of…
Case Note- Director of Public Prosecutions V. Beard, [1920] A.C. 479
This case is considered an important case in the arena of the relationship between drunkenness and mens rea. But, before discussing this case, it is relevant here to mention the…
If the appointment of a judge is held invalid what will be the consequences of his judgments delivered?
There may be a situation where the appointment of any lower court’s judge is held invalid by upper court. In that case, that judge will leave his chair but important…
Change in Laws- How Honorary magistrate became Special magistrate after 1973
Before the enactment of the Criminal Procedure Code 1973, a system of Honorary Magistrate in addition to regular stipendiary Magistrates was available. These Honorary Magistrates came from all walks of…