Legal Paternalism

The concept of legal paternalism states that the government owes a responsibility to protect the individuals from activities which might bring negative consequences on their health. This is based on the principle that individuals can be ignorant and hence, the state ought to protect them by taking up the role of paternalism. The state may... Continue Reading →

Why is a particular law valid?

In order to understand why a particular law is considered valid, we will analyse Kelson’s basic norm concept. For example, why an arrest by a police officer is valid? It is because the code of criminal procedure which is an Indian statute confers this power on the police officer. The next question is why the... Continue Reading →

Executive’s Promulgation Powers under Indian Constitution

“Article 123 of the Indian Constitution lays down the president’s power to promulgate ordinances.”[1] “As per article 213 of the Indian Constitution, even a governor can pass an ordinance provided that legislative assembly of the state is not in session and the ordinance does not require the prior assent of the president.”[2] “An ordinance by... Continue Reading →

Tax Implications under EPC Contracts

A number of infrastructure and energy related projects are carried out by the foreign companies particularly because it requires highly sophisticated technology and expertise. In order to fulfil such projects, these foreign firms enter into EPC contracts (Engineering, Procurement and Construction Contract). More number of energy and infrastructure companies are willing to enter into EPC... Continue Reading →

Decriminalization of Attempt to Suicide in India

Under section 309 of IPC, suicide was not a crime but ‘attempt to suicide’ was punishable. The object behind such a law was that all persons are subjects of state and it is the duty of state to protect all its citizens. Hence, no person was allowed to take his or her life. Secondly, article... Continue Reading →

Essentials of Res Judicata Application under CPC

Section 11 of CPC contains the doctrine of res judicata. “According to this doctrine, if the court has already decided a matter in a previous suit, a subsequent suit dealing with the same matter will be barred by res judicata.”[1] “One of the essential factors for application of res judicata is that the circumstances must... Continue Reading →

Catherine Mackinnon and Criminalization of Marital Rape in India

According to Catherine Mackinnon, the reason behind rape is not ‘sexual desire’ but ‘dominance’ or rather ‘eroticized dominance’. And the most controversial element in proving a rape is ‘consent’. Consent must be of such a nature that it is understood to the man. If the man was unable to understand our consent, then, it probably... Continue Reading →

Can judicial orders violate fundamental rights?

On violation of fundamental rights by a governmental body or by the state authorities, the aggrieved person can approach the court under articles 32 and 226 by filing a writ petition. However, can a court breach a fundamental right. And if it does, what could be the possible remedy? In this article, we will deal... Continue Reading →

State under Article 12: Tracing its Evolution

Article 12 of the Indian Constitution consists of all the bodies that constitutes ‘state’. This includes government, parliament of India, legislature of all states, local authorities and other authorities within India. The phrase ‘other authorities’ is highly ambiguous. A series of judgements have tried to interpret it due to which several educational institutions, electricity boards... Continue Reading →

Can fundamental rights be waived off?

Constitution of India provides a set of fundamental rights to all the citizens which protects them from the atrocities and biasness of the state. There are other set of rights also called the statutory rights and constitutional rights. However, a fundamental right is on a higher pedestal than any other type of right provided under... Continue Reading →

Second Marriage by Husband Constitutes Cruelty Towards First Wife: Muslim Law

Case Law: Itwari v Asghari was a judgement where the court discussed some of the most controversial questions under the Islamic law. One, whether Mohammadan law mandates first wife to share her husband’s consortium with the second wife. Two, whether prevailing social conditions must be taken into consideration to decide if taking a second wife... Continue Reading →

Male Standards for Women in The Construction Sector

The infrastructure sector is on the path of recovery from the shock caused due to pandemic. This sector provided job opportunities to millions of women as construction workers in the pre-crisis period. However, due to covid, these women lost their jobs and still remain unemployed. Today, the representation of women in the construction works have... Continue Reading →

Balancing Political Injustices through Rule of Law

This paper presents an intersection between the theories given by John Stuart Mill, Aristotle and Dworkin. The first part of the paper includes analysis of a case in the light of Liberty theory given by John Stuart Mill. This theory will be interconnected with the theory of political justice given by Aristotle and the theory... Continue Reading →

Effect of Land Laws: British Ideology & Ignorance Behind

The British East India Company had arrived in India after the Mughal rule. During the Mughal rule, the king leased the state’s property to Rajas of the particular areas who were assigned the job of collecting revenues and taxes arising from the land. Initially, Rajas were only in the possession of the land as the... Continue Reading →

An analysis of the types of Bail Under the Criminal Procedure Code

Under the Indian Law, Bail is the rule and Jail is the exception. Due to such jurisprudence, Indian law has four different kinds of bail: Anticipatory Bail, Regular Bail, Post-Conviction Bail, Bail under section 436A and Default Bail. We shall look into each of these kinds of bail one by one.             An anticipatory bail... Continue Reading →

EXPLORING MULTIPLE FACETS OF THE LANDMARK CASE: SAHARA INDIA v. SEBI

INTRODUCTION This paper presents an analysis towards one of the most famous judgments in the corporate law: ‘Sahara India Real Estate Corporation Ltd. & Ors v. Securities and Exchange Board of India & anr’[1]. “The facts of the case are as follows: Sahara group issued Optionally Fully Convertible Debentures(OFCDs) to the public through their two... Continue Reading →

Rhea Chakraborty’s Controversy: A Reflection upon the gender based angles.

On the sudden demise of Sushant Singh Rajput, his girlfriend Rhea Chakraborty was made the scapegoat. Together the society, media and politicians shattered her image. The allegations upon Rhea were that she drove Sushant to commit suicide by controlling him mentally. For doing this, she separated Sushant from his family and put him on wrong... Continue Reading →

Law – A Single Entity

Laws are body of rules and regulations that function within a structure of society. A country will have its laws and within the country there are many organisations that have its own laws. For example, there are separate laws in a temple, church, school, society, or a college. “Law is a multi-vocal term”[1]. Law is... Continue Reading →

Approaching Magistrate: An Alternate Course to Register Complaints

Most people are aware that an FIR can be filed with the police under section 154 of Criminal Procedure Code. Very few persons know that a complaint can also be filed to the magistrate directly. A person can take the route of directly approaching the magistrate. In such a scenario, magistrate will have three options:... Continue Reading →

Constitutionalism’s survival in a mass disobedience movement

Ambedkar criticized the non-cooperation movement as it meant refusal to obey rules and the persons in authority which is against constitutionalism. I partially agree with his anti-revolutionary tone of criticizing the non-cooperation movement. When we talk about civil disobedience, non-cooperation, and Satyagraha as illegitimate movements, we must acknowledge that these movements occurred when there existed... Continue Reading →

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