Sixteen Stormy Days: The Story of the First Amendment to the Constitution of India by Tripurdaman Singh has been reviewed by Hartej Singh Koccher. The book traces the politico-socio-legal background of the incidents leading up to the first amendment of nascent Constitution of India, within 16 months after coming into existence.
In this article, Preetham Correa deliberates on the contrasting definitions of Federal Structure and State Autonomy, in the American and the Indian landscape. The comment enumerates how the Supreme Court of both these countries, as the interpreters of the Constitution, found themselves adjudicating these disputes whenever they ensued. For this, Preetham also equips himself with two landmark decisions- S.R. Bommai v. Union of India and McCulloch v. Maryland- which have demarca
In this article, Anita Bharathi seeks to simplify the ambiguities surrounding “Doctrine of Ouster Clauses” and how these clauses exclude judicial review. The author has provided a comprehensive insight into how the concept of statutory finality is different from Ninth Schedule under the Constitution of India. She suggests that intention of the ouster clause in the statute must be looked at, in order to resolve the conflict between powers of judiciary and legislature and has r
In this article, Aditya Rawat & Divyanshu Chaudhary discuss the need to reconcile Constitutional morality with public morality, using recent incidents of religion based mob lynching. The authors have further delved into this issue by drawing a comparison between legal framework on mob lynching in India and Pakistan. This article argues that public morality needs to be in symbiotic understanding with Constitutional morality.
In the backdrop of ongoing debate on electoral malpractices in presidential elections in Nigeria, M.A. Etti & M.A. Lateef in this article argue that the strict interpretation of the constitutional provisions on the time limit for adjudication of electoral disputes defeats the essence of substantial justice and impacts negatively on the role of the judiciary in social engineering. The authors have further compared the effects of this malpractice in Kenya from that of Nigeria a
In this article, Allen Benny Mathews & Samarth Singh shed light on the Indian Armed Forces’ exclusionary policy against homosexuals, in light of decriminalization of Section 377 of Indian Penal Code under Navtej Singh Johar v. Union of India. The authors have provided a comparative analysis of policies adopted by armed forces in other nations and have discussed mechanisms how these policies can be implemented in India. Several important excerpts on homosexuality ranging from