GUIDELINES FOR ARREST

GUIDELINES FOR ARREST

Supreme Court in Social Action Forum for Manav Adhikar v. Union of India, (2018) 10 SCC 443, held that the law of arrest is one of balancing individual rights, liberties and privileges, on one hand and individual duties, obligations and responsibilities on the other hand. No arrest can be made in a routine manner on […]

RIGHTS OF ARRESTED PERSONS

RIGHTS OF ARRESTED PERSONS

Code of Criminal Procedure as well as Constitution of India has provided certain rights of arrested persons. Following are the rights of arrested persons 1. Right to know the ground of arrest [Article 22(1) of Constitution, Sections 50, 55 and 75 of the Code] : Constitution of India has conferred ‘right to know the grounds […]

RELATIONSHIP BETWEEN FUNDAMENTAL RIGHTS AND DIRECTIVE PRINCIPLES

RELATIONSHIP BETWEEN FUNDAMENTAL RIGHTS AND DIRECTIVE PRINCIPLES

Granville Austin has described the fundamental rights and directive principles as the ‘conscience of our Constitution.’ Initially, courts adopted strict and literal approach in reconciling fundamental rights and directive principles. In State of Madras v. Champakam Dorairajan, AIR 1951 SC 228, Supreme Court held that in case of conflict between Fundamental Rights and Directives Principles, […]

REASONABLE CLASSIFICATION

REASONABLE CLASSIFICATION

Equality before law and equal protection of laws connote that equality is not an absolute concept. Equals cannot be treated unequally and un-equals cannot be treated equally. Similarity of treatment does not mean identical treatment. In this sense it cannot be said that Article 14 mandates that all laws should be uniformly applicable to every […]

DOCTRINE OF ECLIPSE AND SEVERABILITY

DOCTRINE OF ECLIPSE AND SEVERABILITY

Doctrine of Eclipse The doctrine of eclipse is based on a principle that the law which contravenes Fundamental Rights is not void ab initio. It remains in a morbid condition and unenforceable. It is not totally wiped out from the statute book. They are valid for all past transactions i.e. transactions prior to commencement of […]

‘LAW’ UNDER ARTICLE 13

‘LAW’ UNDER ARTICLE 13

The word ‘law’ has been defined in Art. 13(3)(a) of the Constitution. The term ‘law’ includes any ordinance, order, bye-law, rule, regulation, notification, custom or usage having in the territory of India the force of law. In Dwarkanath v. the State (1959) Supreme Court held that ‘administrative order’ issued by the executive officers, if subject […]

PREAMBLE: IMPORTANCE AND OBJECTIVE

PREAMBLE: IMPORTANCE AND OBJECTIVE

Importance of Preamble Preamble is a sort of introduction to the statute and it helps in understanding the legislative intent and policy. It lays down the main objectives which the legislation intends to achieve. Preamble of the Constitution contains ideals which the Constitution seeks to achieve. It does not grant any power but it gives […]