Category: Constitutional Law
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Doctrine of revival within the NJAC
On 16th October 2015 the Supreme court passed a landmark judgement in which it repealed the 99th Constitutional amendment Act and held that the NJAC, which was supposed to replace the present collegium system of appointing judges, was unconstitutional. Although the court relied on a number of constitutional doctrines and various case laws to justify this verdict…
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Right to Information and Right to Privacy: A Critical Analysis of the Act
The right to know and the right to privacy are two of the most ambiguous legal arena today facing government the court, the public and individuals. The welfare of the society is the primary duty of every civilised state. Right to privacy is not explicitly enumerated as a fundamental right under Part III of the Constitution.…
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Breaking the Barriers of Religion Imposed over Women in India
Recently, the High Court of Bombay has pronounced a judgement on the Public Interest Litigation filed by Dr Noorjehan Safia Niaz and Zakia Soman (co-founders of Bhartiya Muslim Mahila Andolan) over the issue of restriction on entry of the woman inside sanctum sanctorum of Haji Ali Dargah. The court in its judgement has held that such…
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Evolution of the Ninth Schedule and its relevance in the present context
The ninth schedule has a very interesting origin. It was suggested by the then former Advocate-General of Tamil Nadu, V.K.T. Chari, whose knowledge of law was profound. He wrote to the then Law Secretary suggesting that a new schedule could be created which could contain all the laws relating to land reform legislation. These laws…
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Relevance of fundamental duties in constitutional law
For duty, duty must be done; the rule applies to everyone. W.S. GILBERT The concept of duty is not a new one, especially, when it comes to Indian society. Since time immemorial there has been a stress on performing one’s “kartavya“, an obligation recognised and effected by law, to conform to a particular standard of…
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