Doctrine of Pith and Substance says that where the question arises of determining whether a particular law relates to a particular subject (mentioned in one List or another), the court looks to the substance of the matter. Thus, if the substance falls within Union List, then the incidental encroachment by the law on the State List … Read more
When a man marries a man or a woman marries a woman, it is called a same sex-marriage. Since 2018, same-sex relationships are allowed in India, but same-sex marriage is not. In such a situation, many gay couples have filed a petition in the Supreme Court for recognition of same-sex marriage. These petitions were heard … Read more
Women empowerment was like a dream at the time when the Indian Constitution was made. But 15 women were also given place in our Constituent Assembly. Many of whom held big positions in the government like Princess Amrit Kaur. At the same time, initially only two women got a chance in the Constituent Assembly of … Read more
While rejecting the challenge against the appointment of Dinkar Gupta IPS as the Punjab Director General of Police in 2019, the Supreme Court observed that a person can’t take the plea of bias after having participated in the selection process with full knowledge about the composition of the selection panel. Facts of the Case:- The … Read more
Article 22 of the Indian Constitution provides fundamental rights to the citizens of the country. This Article gives the citizen the right of habeas corpus petition in the Supreme Court or High Court. The literal meaning of Habeas Corpus is ‘bodied’. In the concept of public welfare state, this is the most important of all … Read more
Meaning A Constitution means a document having a special legal sanctity which sets out the framework and principal functions of organs of government of a State and declares the principles governing the operation of those organs. Constitution means a written organic instrument, under which government powers are conferred and circumscribed (Schwartz). The Constitution is the … Read more
On December 17 2021, the Madras High Court quashed the FIR lodged against the youth over the Facebook post, saying that the ‘right to be funny’ can also be added to Article 19(1) of the Constitution. Right to be funny means right to be funny. The court said that if the cartoonist or satirist was … Read more