An Independent Election Commission: Sine Qua Non for Free and Fair Elections

Vinayak Paliwal and Saummya Malhotra1 Click here to download the standalone article. Abstract The independence of the Election Commission of India is indispensable for upholding the democratic legitimacy. In response to the judgement of Anoop Baranwal v. Union of India(2023), which mandated a Selection Committee comprising of the Prime Minister(PM), Chief Justice of India(CJI), and the...

Transforming Cooperative Federalism into Competitive Tensions: A Case Commentary on the MMDR Ruling

Pragya Richa Tiwary and Vaibhav Singh Tiwari1 Click here to download the standalone article. Abstract The Supreme Court judgment in Mineral Area Development Authority v. SAIL marks a transformative movement in redefining the federal structure and fiscal federalism, particularly redefining the tax-collecting power of the states over the mining rights. By overruling its earlier decision in...

DECODING THE CONCEPT OF ESSENTIAL RELIGIOUS PRACTISES DOCTRINE

  The concept of ‘essential religious practices’ was conceived  by the Hon’ble SC in 1954 in  the case of  The Commissioner, Hindu Religious Endowments, Madras v Shri Lakshmindar Tirtha Swamiyar of Shri Shirur Mutt (commonly referred to as the Shirur Mutt Case). A seven-Judge Bench of the Supreme Court held that “what article 25(2)(a) contemplates...

Decoding the concept of Privacy in India in light of Puttaswamy judgment

       Privacy is a fundamental right that is an integral part of the right to life and personal liberty guaranteed under Article 21 of the Indian Constitution. The Puttaswamy judgment recognized that privacy is a multi-dimensional concept that extends beyond the physical realm to include informational privacy, which includes the right to control one's personal...

Doctrine of Pleasure

The Doctrine of Pleasure is a significant concept under Indian law, which refers to the government's power to terminate its employees' services without assigning any reason. It is derived from the principle that a person holds a public office at the pleasure of the government, and the government can remove them from office at any...

24th Amendment to Indian Constitution

The Constitution of India's Twenty-fourth Amendment, officially known as The Constitution (Twenty-fourth Amendment) Act, 1971, gives Parliament the power to weaken Fundamental Rights by amending the Constitution. It changed Article 368 of Constitution of India to explicitly state that Parliament has the authority to change any Constitutional provision. The amendment also made the President's consent...

Shreya Singhal vs Union of India

The Information Technology (IT) Act 2000 is an act of the Indian Parliament that deals with cyber crimes and e-commerce in the country. This law applies to citizens of the country and the people outside. It also provides a legal framework for e-governance recognising electronic records and digital signatures. In an era where cyber bullying...

DOCTRINE OF SEPARATION OF POWERS

"Power corrupts and absolute power tends to corrupt absolutely"  Lord Acton Separation of power is the division of legislative, executive and judicial functions of the government among separate and independent bodies to limit arbitrary excesses and maintain a degree of balance. 18th century French philosopher Montesquieu's argument (in Spirit of laws) that liberty is most...

ELECTION REFORMS, 2021: A CRITICAL ANALYSIS

ABSTRACT Election is a rudimentary medium for a functioning democracy. From paper ballots to EVM, Election Reforms have been in constant change, but the principles viz, right to be on the electoral roll and right to vote are upheld with the highest sanctity. However, the Election Reform Bill of 2021 may tarnish these principles as...

Doctrine of Due Process of Law

This oft quoted, seldom understood principle deals with the execution of valid laws by the State. There is a duty of responsibility and care that is owed by the State to its citizens and it must respect their rights as guaranteed in the Constitution. The due process of law doctrine looks at whether a law...