Judicial Overreach

Judicial Overreach: A Balancing Act Between Power and Restraint The concept of judicial overreach, a term often used to describe instances where courts exceed their perceived authority, is a complex and contentious issue. It raises fundamental questions about the separation of powers, the role of the judiciary in a democratic society, and the limits of … Read more

A.K Gopalan vs State of Madras, 1950

A.K. Gopalan v. State of Madras: A Landmark Case in Indian Constitutional Law The landmark case of A.K. Gopalan v. State of Madras (1950) stands as a pivotal moment in the evolution of Indian constitutional law. This case, decided by the Supreme Court of India, dealt with the fundamental rights enshrined in the Indian Constitution, … Read more

SR Bommai vs Union of India, 1991

The Landmark Judgment of S.R. Bommai vs. Union of India: A Deep Dive into Federalism and the Balance of Power The 1994 landmark judgment in S.R. Bommai vs. Union of India stands as a cornerstone in the evolution of India’s federal structure. This case, arising from the dismissal of the elected government in Karnataka in … Read more

Constitutional Interpretation

Navigating the Labyrinth: A Deep Dive into Constitutional Interpretation The Constitution of the United States, a document revered as the bedrock of American democracy, is a living testament to the enduring power of words. Yet, its interpretation, a complex and multifaceted process, has been the subject of intense debate and scholarly inquiry for centuries. This … Read more

Advisory Jurisdiction of Supreme Court

Advisory Jurisdiction of Supreme Court The Advisory Jurisdiction of the Supreme Court is a power that allows the government to ask the Supreme Court for an opinion on a point of law. The Supreme Court is not bound to follow its own advice, but it rarely does not. The Advisory Jurisdiction was established by the … Read more

Security of Tenure of Judges

The Bedrock of Justice: Examining the Security of Tenure for Judges The independence of the judiciary is a cornerstone of any democratic society. It ensures that the law is applied fairly and impartially, protecting individual rights and upholding the rule of law. A crucial element of judicial independence is the security of tenure, which safeguards … Read more

Independent Judiciary

The Cornerstone of Democracy: A Deep Dive into the Independent Judiciary The concept of an independent judiciary, a cornerstone of democratic societies, is often taken for granted. Yet, its significance cannot be overstated. It acts as a vital safeguard against tyranny, ensuring that the rule of law prevails and that all citizens, regardless of their … Read more

Conflict Between Fundamental Rights And Directive Principles

The Balancing Act: Conflict Between Fundamental Rights and Directive Principles in India The Indian Constitution, a beacon of democratic ideals, enshrines a unique blend of fundamental rights and directive principles of state policy. While the former are justiciable, meaning they can be enforced by courts, the latter are non-justiciable, serving as guidelines for the government. … Read more

Synthesis of Parliamentary Sovereignty and Judicial Supremacy

The Contested Terrain: Synthesis of Parliamentary Sovereignty and Judicial Supremacy The relationship between Parliament and the judiciary is a cornerstone of any constitutional democracy. This relationship is often characterized by a delicate balance between two fundamental principles: Parliamentary Sovereignty and Judicial Supremacy. While both principles are essential for a functioning democracy, they can sometimes clash, … Read more

Doctrine of Proportionality

The Doctrine of Proportionality: Balancing Harm and Necessity in International Law The doctrine of proportionality, a cornerstone of international law, governs the use of force and other measures in armed conflict and international relations. It dictates that the harm inflicted by any action must be proportionate to the legitimate military or political objective pursued. This … Read more