Constitutional Law
-
Purpose of Directive Principles: Dr. B.R. Ambedkar
“The Directive Principles are like the Instruments of Instructions which were issued to the Governor-General and the Governors of the Colonies by the British Government under the Government of India Act 1935. What are called Directive Principles is merely another name for the Instruments of Instructions. The only difference is that they are instructions to […]
-
Anticipatory Bail in Matrimonial Cases (Sec 438 CrPC): Supreme Court Judgments
1. Introduction Resolution of matrimonial disputes calls for extra care and empathy on part of authorities including courts in order to prevent any further escalation of acrimony between parties in dispute. At times, matrimonial disputes resolve when both parties are willing to give up their allegations to make a fresh start in life. Whereas sometimes […]
-
Supreme Court on Contractual Liability and Imprisonment of Debtor
Supreme Court judgment on whether it is right to enforce a contractual liability by imprisoning a debtor in the teeth of Art. 11 of the International Covenant on Civil and Political Rights. 1. Case Citation Supreme Court: Jolly George Verghese & Anr vs The Bank of Cochin1980 AIR 470, 1980 SCR (2) 913 Bench: Krishna […]
-
Justice Krishna Iyer on Bail or Jail
Supreme Court’s landmark judgment (Justice V.R. Krishna Iyer) on bail or jail. 1. Case Citation Supreme Court – Gudikanti Narasimhulu and Ors vs Public Prosecutor, High Court Of Andhra Pradesh – 1978 AIR 429, 1978 SCR (2) 371. Bench: Justice V.R. Krishna Iyer 2. Judgment ORDER KRISHNA IYER, J.: “Bail or jail ?”- at the […]
-
Grounds for Invalidation of Law – Judicial Review
“The power of Parliament or for that matter, the State Legislatures is restricted in two ways. A law made by Parliament or the legislature can be struck down by courts on two grounds and two grounds alone, viz., (1) lack of legislative competence and (2) violation of any of the fundamental rights guaranteed in Part […]
-
Human Liberty and Section 482 CrPC
In Arnab Manoranjan Goswami v. State of Maharashtra, (2021) 2 SCC 427 the Supreme Court of India ruled- “67. Human liberty is a precious constitutional value, which is undoubtedly subject to regulation by validly enacted legislation. As such, the citizen is subject to the edicts of criminal law and procedure. Section 482 recognises the inherent […]
-
Supreme Court on Eradication of Manual Scavenging – 14 Directions issued by SC
The Supreme Court issued comprehensive directions to eliminate manual sewer cleaning, enforce accountability, and improve compensation and rehabilitation for victims. This includes phased eradication, enforcing Union guidelines, and increasing death compensation to 30 lakhs with a minimum of 10 lakhs for disability. Coordination and training across agencies and upgrading survey methods are also mandated to […]