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Civil law

Nature and scope of right against self incrimination

In the case of Selvi v. State of Karnataka, (2010) 7 SCC 263, it was held that; The interrelationship between the “right against self incrimination” and the “right to fair trial” has been recognised in most jurisprudence as well as international human rights instruments. For example, the US Constitution incorporates …

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Doctrine of Arbitrariness

Arbitrariness is the quality of being “determined by chance, whim, or impulse, and not by necessity, reason, or principle”. Arbitrary decisions are not necessarily the same as random decisions. For example, during the 1973 oil crisis, Americans were allowed to purchase gasoline only on odd-numbered days if their license plate was odd, and on …

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The modern concept of definition of state under Article 12 of the Constitution

Article 12 of the Constitution reads as under;             “In this part unless the context otherwise requires “the State” includes the (1) Government and Parliament of India and the (2) Government and the legislature of each State or (3) all Local or (4) other authorities within the territory of India …

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Whether judiciary is state under Article 12 of the Constitution?

The judiciary although an organ of the State like Executive and Legislature is not specifically mentioned in Article 12. So the question often arises whether or not judiciary is state under Article 12. What if the Court violates the Fundamental Right enshrined in our constitution with utmost care. The controversy …

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Remembering landmark judgment I.R. Coelho (dead) by LRs v. State of T.N. (2007)

The Hon’ble Supreme Court considered the fundamental question that whether on and after 24th April, 1973, when basic structure doctrine was propounded, it is permissible for the Parliament under Article 31B to immunize legislation from fundamental rights by inserting them into the Ninth Schedule and, if so, what is its …

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