The Supreme Court and the High Courts have various powers which they exercise to provide justice to the citizens of India. One of the most important powers which is available to them is the power to issue writs. The Supreme Court and the High Courts can issue writs under Article 32 and 226 of the…
Sub Delegation – (Delegatus non potest delegare) „When a statute confers some legislative powers on an executive authority and the latter further delegates those powers to another subordinate author or agency, it is called sub delegation. OBJECT The necessity of sub-delegation is sought to be supported, inter alia, on the following grounds: 1. Power of…
Delegated legislation is generally a type of law made by the executive authority as per the powers conferred to them by the primary authority in order to execute, implement and administer the requirements of the primary authority. It can be said that it is the law made by any person or authority under the power…
Tribunal is a quasi-judicial institution that is set up to deal with problems such as resolving administrative or tax-related disputes. It performs a number of functions like adjudicating disputes, determining rights between contesting parties, making an administrative decision, reviewing an existing administrative decision and so forth. The term ‘Tribunal’ is derived from the word ‘Tribunes’, which means ‘Magistrates of the…
INTRODUCTION The law on the rights of the prisoners has been an evolving one. There is no comprehensive legislation to deal with prisoners rights and regulate their conduct while in jail. However, the Judiciary of the country has given due recognition to the convicts and their fundamental rights time and time again. In the absence…
The act of sedition is when usage of words or actions that can encourage masses to act against a government or highest authority is done. However, it totally depends upon the government how it decides the extent of word usage or act done to criminalise the same. At one edge the presence of section 124A…
Montesquieu, a French scholar, propounded the theory of separation of powers. According to this theory, three organs (i.e.) the legislature, the executive and the judiciary should perform their functions independently and no organ should interfere in the work of the other organ. However, the Indian Constitution does not strictly follow this theory. According to the…
INTRODUCTION The Indian Constitution is the country’s ultimate law. It establishes the government’s core political principles, methods, practices, rights, authorities, and responsibilities. It confers constitutional supremacy rather than parliamentary supremacy since it was drafted by a constituent assembly and ratified by the people with a declaration in the preamble. It is impossible for Parliament to…
Religion is a matter of belief or faith. The constitution of India recognizes the fact, how important religion is in the life of people of India and hence, provides for the right to freedom of religion under Articles 25 to Article 28. The Constitution of India envisages a secular model and provides that every person…
Part III of the Indian Constitution consists of Fundamental Rights which are guaranteed to every citizen of the nation irrespective of their religion, place of birth, religion, caste or gender. These rights can be claimed against the State and its authorities and not against the private bodies. Article 12 of the Indian Constitution gives the…
