Judiciary
The Constitution of India establishes an independent judiciary, with the Supreme Court as the apex authority. The judiciary is responsible for interpreting the Constitution and safeguarding the fundamental rights of citizens.
The Supreme Court and the high courts of the states have the power of judicial review, allowing them to assess the constitutionality of laws and government actions. This robust judicial framework is a cornerstone of India’s democratic system.
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Judiciary
Consequently, judicial review is the authority of the judiciary to declare statutes or the execution of law and policy by the executive to be unconstitutional. While it encourages checks and balances among the three branches of government it varies in implementation. In the United States, the powerRead more
Consequently, judicial review is the authority of the judiciary to declare statutes or the execution of law and policy by the executive to be unconstitutional. While it encourages checks and balances among the three branches of government it varies in implementation.
In the United States, the power judicial review, recognized in * the case of Marbury v. Judicial review (Marbury v. Madison* 1803) has placed the judiciary in a very strong position check on the legislative and executive branches. India’s courts are in the same analogous legal position with ability, the “basic structure doctrine,” to warrant this change as well as guard constitutional legitimacy while simultaneously restraining the legislative branch’s amendment-making capacities. Here, the judicial review of the UK focuses on the procedural regularity of administrative decisions because parliamentary supremacy eliminates the possibility of the declaring primary legislation unconstitutional.
Germany and other civil law nations employ constitutional courts to handle such pure constitutional claims, while the ECJ ensures compliance of its member’s laws with the treaty establishing the union. These systems show various levels and approaches of judicial control.
The control of judicial review regrettably hampering the balance of power. Its effect has been to strengthen the call for accountability and rights but has been blamed for judicial encroachment into the domain of policy formulation – undue judicial interference. In this respect, acting as a guardian of the constitution, judicial review improves governance, while the issues arising out of concerns related to the judiciary in the democratic systems are agitating. It will remain basic in support of the rule of law which facilitates a balance power that can function properly.
See lessPolity
The recent Supreme Court judgment permitting the scrapping for Article 370 of the Constitution has severe implications on the Indian federation. On one side, it added its voice to the government’s action; on the other, it claimed that this provision was not a part of the Constitution, but a temporarRead more
The recent Supreme Court judgment permitting the scrapping for Article 370 of the Constitution has severe implications on the Indian federation. On one side, it added its voice to the government’s action; on the other, it claimed that this provision was not a part of the Constitution, but a temporary provision.
Key Takeaways:
1. Strengthening Central Authority: The judgment strengthens the septre of the central authority over Jammu and Kashmir. It abolishes the special status that the state had done earlier and thus incorporated it in the other states of India.
2. Implications for Federalism: Unsurprisingly the decision raises the matter of the federal distribution of power between the center and the states. This may lead to an emergence of oligarchy so puts the autonomy of the state at a risky position.
3. Other States Implications: This decision directly impacts the verdict for Jammu and Kashmir; still, it may say something with the future further actions in other states regarding that they have autonomy or special provisions.
4. Socio-political Effects: This decision especially on the people of Jammu and Kashmir would stir up much of socio-political issues; these are; their identity, culture, and any economic gains from their society.
Therefore one might conclude that SC’s decision regarding Article 370 is the matter of considerable concern to the nature of the federal system in India. On the one hand it has advanced the office of the central government, on the other hand state sovereignty has become an issue and regional ambition too. Its long-term outcome will not only Progressively take place in future, but these changes will significantly define the future of federalism in India.
See lessDo you believe the exception of preventive detention laws is becoming the new norm in India? Provide examples to support your argument.
Preventive detention laws are increasingly becoming an issue of concern in India, as they are establishing a principle rather than an exception. Such a provision allows a person to be detained under suspicion without having any evidence against him. A few examples support this: Unlawful Activities (Read more
Preventive detention laws are increasingly becoming an issue of concern in India, as they are establishing a principle rather than an exception. Such a provision allows a person to be detained under suspicion without having any evidence against him. A few examples support this:
Unlawful Activities (Prevention) Act: UAPA has made a favourite weapon in the hands of people to detain someone without sufficient evidence against him rather than accusing him of being a terrorist or having engaged in acts of sedition. -STATE LEVEL LAWS: Very much similar to the state of Jammu and Kashmir, they have Public Safety Act, under which people can be put up for prolonged detention without trial. These provisions are invoked for keeping some journalists and activists under extended detention. -PREVENTIVE DETENTION AS A TOOL OF PROTEST AND DISSATISFACTION SUPPRESSION: recently seen in a few cases, in which preventive detention was employed against protests or expressing discontent.
It is one of the ways to bring in keeping public order and security in the country. And misuse of this facility could infringe the essential rights of an individual and undermine principles of justice. The laws would have to be exercised with caution and with proper precautions to guard against misapplication and to ensure the protection of individual liberties.
See lessTo what extent and in what ways should a judiciary be accountable to the society, while remaining mindful of the constitutional organisation of the government?
The judiciary should be an independent and accountable body. Most importantly, an independent judiciary will be accountable to the society it serves as a pillar of democracy to ensure justice is given impartially. Multiple ways are there to achieve accountability. Judicial review empowers the judiciRead more
The judiciary should be an independent and accountable body. Most importantly, an independent judiciary will be accountable to the society it serves as a pillar of democracy to ensure justice is given impartially.
Multiple ways are there to achieve accountability. Judicial review empowers the judiciary to inspect the acts of executive and legislative powers, thus keeping these powers in adherence to the constitution. Public interest litigation is yet another statutory power for the citizenry of the nation. Citizens may seek justice in cases involving collective grievances through this mechanism. Its operation further enhances accountability and transparency. An important boost from outside comes from examination of the media. This could also be mechanisms like impeachment which provide a constitutional way of removing judges who have violated the code of conduct.
This would be so only until the possiblity of accountability is well placed with judicial independence. Too visible or too much outside interference would erode that subjective independence of the judiciary. The calibration must hold the judiciary accountable without compromising its fearless delivery of justice.
See lessIn what ways does the Indian Divorce Act, 1869, address issues of marriage dissolution in the context of modern family dynamics and cross-religious marriages?
The Indian Divorce Act of 1869 was initially passed for the purpose of governing Christian marriages, though over the years it became lumme to other people of other religious beliefs who converted to Christianity. However, one must recognize certain problems rise regarding its admissibility in curreRead more
The Indian Divorce Act of 1869 was initially passed for the purpose of governing Christian marriages, though over the years it became lumme to other people of other religious beliefs who converted to Christianity. However, one must recognize certain problems rise regarding its admissibility in current family structures and religious cross-corporation marriage.
Application of the Act to Modern Family Dynamics:
Mutual Consent Divorce: To suite modern society, the Act has been amended and sections added that deals with divorce through consent of both parties involved.
-Grounds for Divorce: According to the Act the grounds for divorce include adultery, cruelty, desertion, and unsound mind and these can be incorporate into the present scenario.
-Custody and Maintenance: This act provides for the care, upbringing and support of children and spouse with reference to the welfare of the child and income earning ability of both parties.
Handling Cross-Religious Marriages:
-Limited Applicability: However, the Act can only operate in cross religious marriage where either of the party or both are Christians, it may then be weak in other religions.
-Personal Laws: If one or both of them are not Christian the party may apply their respective individual laws allowing the dissolution of marriage, which can create confusion and probably conflict.
-Uniform Civil Code: Remove multiplicity of laws by implementing a law that upholds a single law for all that will apply to all religions. The issues resulting from cross-religious marriage might be addressed and a better solution can be proposed.
Even if some of the complications resulting out of the present day kinship system and inter-religious marriages have been addressed through Indian Divorce Act, the process of reform covers a long path to go to match up to the contemporary requirement. The thought a Uniform Civil Code may be having a superior proposition to handle the problem of marital disputes in the country.
See lessWhy Do Legal Cases in India Take So Long to Reach a Judgment?
The following are some reasons by which judgments in the Indian judicial system look for unreasonable amount of time: A few of the key causes are: 1. Case Backlog: -Pendency of Cases: The major issue is that a large number cases are heard in many courts, and therefore disposal of judgments is a slowRead more
The following are some reasons by which judgments in the Indian judicial system look for unreasonable amount of time: A few of the key causes are:
1. Case Backlog:
-Pendency of Cases: The major issue is that a large number cases are heard in many courts, and therefore disposal of judgments is a slow process.
-Increasing Caseload: This is so due to the fact that the population of people is on the increase everyday, and problems of law also are on the increase.
2. Resource Constraints:
-Judges Shortage: This means that the relatively few judges deployed in subsidiary and superior courts slow the discharging of cases and delivery of judgment.
-Infrastructure Shortages: Poor infrastructure like the courthouses, and/or administrative building and so on, can frustrate the functionality of courts
-3. Procedural Complications:
-Procedural Lengthy Process of Law: This is elongated by complication of laws and other subsequent appeals in different tiers of the courts system.
-Technical Problems and Delay: Technical arguments and points of procedure are often postponed and they form good causes of nuisance and stalling.
4. Other Factors:
-Lack of Proper Legal Counselling: Unfortunately many a poor especially from the most backward sections cannot engage an advocate and this results in either adjournment of the hearing or poor counseling.
-Corruption and Inefficient Judiciary: Delaying factors are likely to be aggravated when corruption and an ineffective judicial system are added to the concoction.
These specific overall factors are therefore part of the reason why justice is done gradually. The time has come to renew and rejuvenate the system in order to improve reliability, organization of procedures, add more resources, and increase the efficiency of the judicial system.
See lessAccount for the legal and political factors responsible for the reduced frequency of using Article 356 by the Union Governments since mid-1990s. [15 Marks] [2023]
Article 356 also known as President's Rule allows the President to assume control of a state's government in case of constitutional breakdown. Significant for maintaining national integrity and stability, it ensures center state harmony while safeguarding federal principles.The reduced frequency ofRead more
Article 356 also known as President’s Rule allows the President to assume control of a state’s government in case of constitutional breakdown. Significant for maintaining national integrity and stability, it ensures center state harmony while safeguarding federal principles.The reduced frequency of using Article 356 (President’s Rule) by Union Governments since the mid 1990s can be attributed to the following legal and political factors.
Legal factors –
Political factors –
- Coalition politics necessitates consensus building and compromise, discouraging unilateral imposition of President’s Rule (Article 356) by the central government.
- Federal Front Politics refers to regional parties collective influence, constraining the central government’s ability to impose President’s Rule (Article 356).
- Political accountability, a key factor in reducing Article 356’s use, ensures governments are responsible for their actions, facing scrutiny and consequences.
- State level politics, fueled by strong regional leaders and parties, resist central intervention, reducing arbitrary imposition of President’s Rule (Article 356) .
- Changes in political culture, such as increased consensus building and dialogue have reduced arbitrary use of Article 356 .
See lessProperty Law
The Doctrine of Lis Pendens prohibits multiple simultaneous lawsuits between the same parties on the same issue, ensuring judicial efficiency and preventing conflicting judgments. It bars secondary suits when a primary suit is pending. Key elements - A pending lawsuit refers to a court case currentRead more
The Doctrine of Lis Pendens prohibits multiple simultaneous lawsuits between the same parties on the same issue, ensuring judicial efficiency and preventing conflicting judgments. It bars secondary suits when a primary suit is pending.
Key elements –
Illustration –
A divorce case is pending between husband and wife in Court X. The wife files another case in Court Y seeking division of the same marital assets. The Doctrine of Lis Pendens applies, barring the second case from proceeding.
Exception –
The Doctrine of Lis Pendens promotes judicial efficiency, prevents conflicting judgments and ensures that legal issues are resolved in a single, definitive proceeding.
See lessWhat is doctrine of frustration? Support your answer with a case law.
The Doctrine of Frustration concerns the legal relationship that because of occurrence of some events beyond reasonable contemplation it becomes impossible to perform and therefore the parties are discharged of the performance of the contract. Section 56 of the Indian Contract Act,1872 enshrines thiRead more
The Doctrine of Frustration concerns the legal relationship that because of occurrence of some events beyond reasonable contemplation it becomes impossible to perform and therefore the parties are discharged of the performance of the contract. Section 56 of the Indian Contract Act,1872 enshrines this principle to the effect of saying that ‘every contract to do an impossible act is void’. The contract becomes frustrated when there is an event that has the affect of making the purpose of the contract impossible, unlawful or totally unexpected by both the parties to the contract.
The most famous of these are the Indian case Of Satyabrata Ghose v. Mugneeram Bangur & Co. (1954). In this case, the role of Supreme court referred to the decision making under the rule of frustration that Say the contract becomes frustrated where there is a condition that went to the root of the contract and made its performance impossible. In the case, it is shown that the building land contract was interrupted due to the governmental orders during the Second World War. That is why the Courts ruled that due to the war related restriction the parties were unable to perform their obligations under the contract and thus, the contract was frustrated.
Disaffection cannot be recorded where the issue of the challenge in performance is temporal or where the event was anticipated. It is also not allowed where the contract has provided for how particular incidences should be handled in as much as they are contingencies.
See lessWrite the difference between Res Judicata and Res subjudice under CPC.
These two legal doctrines fall under civil procedure but, they do not have the same roles nor do they occur in similar contexts. RES JUDICATA SECTION 11 of CPC. Meaning: What can be translated to English as “A matter already judged”. Purpose: This ensures that new trials are not occasioned that hadRead more
These two legal doctrines fall under civil procedure but, they do not have the same roles nor do they occur in similar contexts.
RES JUDICATA SECTION 11 of CPC.
Meaning: What can be translated to English as “A matter already judged”.
Purpose: This ensures that new trials are not occasioned that had already been determined by a competent court.
Application: Used where there is a previous decision of the superior court on the same issueThe same parties or their representativesA competent court of law.
Effect: Stops future legal actions on an issue between two parties until the initial proceeding has been resolved.
*RES SUBJUDICE SECTION 10 OF CPC*
Meaning: It means a case under the consideration of the court of law or a matter that is before the court.
Purpose: It serves as protection against the initiation of similar actions in different courts concerning the same matter
Application: Used when a case is under consideration in another chamberWhich is still pending in a competent court having jurisdiction
Effect: Demands a stay of the proceedings in the subsequent suit until the first suit has been resolved.
Timing: While Res Judicata takes place after the last judgment, Res Subjudice occurs during the conduct of a case.
Outcome: Res Judicata prevents subsequent actions all together while Res Subjudice only freezes them for the time being.
Finality: Res Judicata entails a finality while Res Subjudice on the other hand pertains to cases still in progress. Both are meant to avoid the risk of different outcomes, save time and resources, and yet they work at different steps in the legal system.
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