Panchayati Raj is the system of local self governance in India. Panchayats are the bodies which are run and managed by the people who are elected by the local people through elections at village level. Through 73rd Amendment Act Panchayati Raj was instituted and was given a constitutional mandate. Various committees were formed to work…
Retrospective Operation is generally not given to such statutes as would lay new duties or attach new disabilities in respect or transactions already past or would interfere with vested rights or in which legality or past transactions would be involved.when a substantive law is changed during the pendency of a case in a court of…
“Rest is the best contemplation.” – Dalai Lama. INTRODUCTION Right to sleep is a fundamental Right under Article 21 of the Indian Constitution and is subject to protection by the Court[1]. Rest is an organic goal. It isn’t debatable. Any level of tiredness will weaken execution and disposition. Rest is the point at which our…
The doctrine of prospective overruling was first recognised in America in the early 1900s when the legal jurisprudence in the country shifted from the age-old Blackstonian theory. The doctrine slowly developed in America and was soon accepted by English jurists and English Courts. It was recognised and adopted in India for the first time by the…
A consolidating statue is one which collects all statutory provisions relating to a particular topic in one place into one legislative Act with minor amendments and improvements, if necessary. Instances of consolidating statutes are the Arbitration Act, 1940 and the Indian Succession Act, 1925. While interpreting a consolidating Act, a presumption exists the legislature does…
AMENDING STATUTES An amendment is a legislative act designed to change some prior and existing law by adding or taking from it some particular provision; its purpose is to make such a addition to, or change in the original act as in the judgement of the legislature will better carry out the purpose for which…
Introduction: Part III of our Indian Constitution deals with our fundamental rights. As such, article 21 forms a very important part of this. Article 21 of the Indian Constitution says that “No person shall be deprived of his life or personal liberty except according to procedure established by law”. There have been several cases through…
According to Article 44 of the Indian Constitution, “The state shall endeavor to secure for its citizens a Uniform Civil Code throughout the territory of India.” INTRODUCTION Uniform code has one of the societal need and demand from the times immemorial. With the coming of BJP led Modi Government, the controversial topic has again gained…
“The concept of seeking justice cannot be equated with the value of dollars. Money plays no role in seeking justice.” Justice Blackmun in Jackson v Bish Introduction A legal aid program assists the needy who cannot afford an attorney, to prevent them from suffering and injustice. For society to function properly, it is vital to…
“We have no control over how we arrive in the world, but at the end of life we should have legal control over how we leave it.” ~ Sir Patrick Stewart INTRODUCTION The phrase “Right to die” may sound indifferent and confusing to some. Some might think of it as a joke. It has been a…
