India’s judiciary, especially the Supreme Court of India, has traditionally been viewed as the guardian of constitutional morality and defender of fundamental rights. Judicial activism — a broadly applicable term denoting a proactive stance by courts to resist macro social, economic or political evils, often through an expansive reading of both the Constitution and laws — has emerged as one of the
Legal aid is essential to ensuring that justice is not limited to those with financial means but is accessible to every citizen, regardless of economic status. In India, the government has long recognized the importance of legal aid in delivering justice to marginalized and vulnerable communities. The Legal Aid and Advice (Amendment) Bills of 2015 and 2017 marked critical efforts to
The interaction between domestic legal systems and international law is complex, particularly in the context of diplomatic immunity. Diplomatic immunity is a cornerstone of international law, ensuring that diplomats and other foreign representatives are afforded protection from legal processes in host countries to facilitate effective diplomacy. This principle is pivotal for maintaining global diplomatic relations, safeguarding embassies, and ensuring the
The Consumer Protection Act, 1986, marked a significant milestone in India’s legal history by focusing on the protection and empowerment of consumers. This legislation was introduced to address consumer grievances and promote fair trade practices, aiming to shield consumers from exploitation and enhance their awareness of their rights. It was a transformative step towards strengthening consumer rights in an evolving
The doctrine of Esm Furioso, commonly referred to as military necessity, is a principle rooted in the laws of armed conflict. It provides a legal and moral basis for actions taken by states or military forces during war, allowing exceptions to peacetime norms when needed to achieve legitimate military goals. Viscount Haldane, a renowned British jurist and philosopher, played a
Author: Adv. Vaibhav Tripathi “Saxam”, High Court, Lucknow Introduction: What Should the Definition of Justice Be? When we talk about justice, we don’t just mean a judicial decision. Justice means every individual receiving their rights, having their voice heard, and being respected in all circumstances. The Constitution of India provides us with these rights, including the right to life, liberty,
This jurisdiction of the Supreme Court of India is a cornerstone of the country’s judicial system, empowering the Court to intervene in cases where citizens’ fundamental rights are infringed. Mentioned in Article 32 of the Indian Constitution, this jurisdiction allows citizens to seek redress directly from the highest court when they believe that their rights are been violated. This article
In today’s rapidly evolving digital landscape, regulating and safeguarding the internet, online transactions, and digital communications has become increasingly vital. Cyberlaw is a branch of law dedicated to addressing legal issues related to the Internet, online interactions, and digital data. As technological advancements surge, digital transactions increase, and new cyber threats emerge, cyberlaw plays a crucial role in ensuring privacy,
The Police Act of 1861 is one of the oldest and most significant pieces of legislation shaping law enforcement in India. Introduced during British colonial rule, it laid the foundational structure for policing in the country. Despite the passage of time and several amendments, the Act continues to influence the functioning and organization of the Indian police force. While judicial interpretations
Personal injury litigation plays a vital role in the legal system, providing a pathway for individuals to seek justice when they have been injured due to accidents, negligence, or intentional harm. Central to this process is the method by which legal professionals are compensated, with contingent fee agreements being one of the most prominent mechanisms. In this arrangement, lawyers are
Introduction Mob lynching, as a very horrific kind of social crime, had always been beyond the express provisions of any of Indian criminal laws. Even though courts have in many cases fallen back upon the provisons on murder, rioting or unlawful assembly in the Indian Penal Code (IPC) to prosecute mob lynching, there was no law identifying mob lynching as a specific
This is a program launched in order to prevent corruption from being done in the public sector of the department. In this program, the public is basically allowed or has the power to cross-check the functioning of the government. When they see any public official doing corruption they have the authority to write a complaint to the higher authority and
