Keyur Tripathi

1.)  Strict Adherence to the Doctrine of Stare Decises           • “Stare Decisis” forms an integral feature of common law countries. Common-law judges are obliged to adhere to previously decided cases or precedents where the facts are substantially the same. A court’s decision is binding authority for similar cases subsequently decided by the same court or, by any court of inferior jurisdiction situated within the territorial limits of the former. The decision is not binding on courts of higher rank or those in other jurisdictions. For them, it may simply be considered as persuasive authority. Therefore, the precedent has a very prominent place in a common law system wherein they play a dominant role. • Stare Decisis insures certainty, consistency, logical progression and development in the law. However, it can be rigid and complex at the same time. What is “the law” on a subject may be very difficult to find or to state as it is spread across many cases. • Due to the s

Article 248: "Parliament has exclusive power to make any law with respect to any matter not enumerated in List II or III. Such power shall include the power of making any law imposing a tax not mentioned in either of those lists" (It is to be noted that before independence, Governor-General, and not the federal legislature, which had such powers). Entry 97 of List I also lays down that Parliament has exclusive power to make laws with respect to any matter not enumerated in List II or III. Article 248 and Entry 97, List I, assign residuary powers of legislation exclusively to the Union Parliament. If no entry in any of the three lists covers a piece of legislation, it must be regarded as a matter not enumerated in any of the three lists and belonging exclusively to Parliament under Entry 97, List I. By virtue of Art. 248, Parliament has exclusive power to make any law with respect to any matter not enumerated in List II or List III, and for this purpose, and to avoid any

The relevant provisions for the purpose of solving questions of repugnancy between a Central and State law is Article 254 of the Constitution. According to Clause (1) of Article 254, if any provision of a State law is repugnant to a provision in law made by Parliament which it is competent to enact or to any existing law with respect to or matter in Concurrent List then the parliamentary or existing law prevails over the State law, and it does not matter whether the parliamentary law has been enacted before or after the State law. To the extent of repugnancy, it will be void. Clause (2) of Article 254 provides that where a law made by a State Legislature with respect to a matter in the Concurrent List contains any provisions repugnant to the provisions of an earlier parliamentary law or existing law with respect to that matter, then the State law will prevail in the State provided it has been reserved for the President’s consideration and has received his assent. This clause is a

Pith means "true nature" or "essence" and substance means the essential nature underlying a phenomenon. Thus, the doctrine of pith and substance relates to finding out the true nature of a statute. This doctrine is widely used when deciding whether a state is within its rights to create a statute that involves a subject mentioned in Union List of the Constitution. The basic idea behind this principle is that an act or a provision created by the State is valid if the true nature of the act or the provision is about a subject that falls in the State list. The case of  State of Maharashtra vs F N Balsara AIR 1951  illustrates this principle very nicely. In this case, the State of Maharashtra passed the Bombay Prohibition Act that prohibited the sale and storage of liquor. This affected the business of the appellant who used to import liquor. He challenged the act on the ground that import and export are the subjects that belong in Union list and state is incapable o

The principle of harmonious interpretation is similar to the idea of broad or purposive approach. The key to this method of constitutional interpretation is that provisions of the Constitution should be harmoniously interpreted. As per Kelly: “Constitutional provisions should not be construed in isolation from all other parts of the Constitution, but should be construed as to harmonize with those other parts.” A provision of the constitution must be construed and considered as part of the Constitution and it should be given a meaning and an application which does not lead to conflict with other Articles and which confirms with the Constitution’s general scheme. When there are two provisions in a statute, which is in apparent conflict with each other, they should be interpreted such that effect can be given to both and that construction which renders either of them inoperative and useless should not be adopted except in the last resort. This principle is illustrated in the cas

Q.1 What are the various stages of crime? How attempt differs from preparation?        Explain Mens -rea. Ans. Generally, an offence passes through the following four stages :- (i)    Conceiving the idea of performing a legally defined harm or Mens Rea :- At this stages, a person consolidates his devious ideas and identifies ways of doing it. There is no action taken and there is no harm done to anybody nor is there any intention to cause injury to anybody.  Mens Rea or bad intention is significant progress from mere deliberation towards the actual commission of the crime. At this stage, the person has made up his mind to actually implement or execute his devious plans. There is an intention to cause harm but he hasn' t yet taken any action that manifests his intention, So, it is not a crime in itself. But this is an essential ingredient of crime because, without bad intention to cause harm or do wrong, there can be no crime. Also, even a thoughtless act, without any

Meaning of DOWER Dower (mahr) is a sum of money or other property which the wife is entitled to receive from the husband, in consideration of marriage. BAILLIE: dower is not the woman for entering into the contract; but an effect to the contract imposed by the law on the husband as a token of respect for its subject, the woman ABDUR RAHIM (On the basis of Hedaya): “ It is either a sum of money or other form of property to which the wife becomes entitled by marriage … It is an obligation imposed by law on the husband as a mark of respect for the wife … (This definition has adopted by Mulla also). TYABJI: “Mahr or dower is sum that become payable by the husband to the wife on marriage, either by agreement between the parties, or by operation of law.” Nature and Object of Muslim Marriage According to Muhammadan law, marriage is a civil contract, and dower is a necessary result of it, being a part of the consideration of her agreement to become her husband’s wife

Historical Perspective Since the Vedic period, Hindu society has given a lot of importance to male child. It was said that a male child saves the father from 'put' hell, hence the male child is called Putra. This was the main reason which has prompted the son-less to adopt a male child. Manusmriti says that when the natural father and mother give wholeheartedly their son with the offering of water to another person in distress, it is called Dattak. Vashistha has given several guidelines on dattak. It says that the father and the mother of an offspring have complete right on selling or giving the offspring to another. A Dattak cannot be taken from the person who has only one son. A child whose kinsmen are not known cannot be taken as dattak. A woman had no right to adopt. Sounaka has said metaphorically that a Dattak son must be a reflection of the father, which means that a Dattak can only be taken from a mother whom the person could have married before her marria

    1. Govt. of India Act 1935:  Administrative details                                               Public Service Commissions                                               Governor post 2. United Kingdom:  Parliamentary form of government                                   Citizenship                                   Lawmaking procedure                                   Bicameral Legislature                                    Rule of Law                                   Writs                                   CAG office 3. USA:  Preamble                Fundamental Rights                Impeachment of Supreme court and H.C judges                Independent Judiciary                Functions Vice-President                Judicial Review 4. Ireland:  Directive Principles of State Policy                    The nomination of Rajya Sabha members                    Method of Presidential election 5. Canada:  Federation with a strong c

In recent years, an enormous increase in the quantum of subordinate legislation has been witnessed. The development is not an isolated fact but rather associated with the increased functions of the State. There has been a considerable enlargement in the responsibilities which a modern-State has assumed. It has acquired the title of being a “Welfare State”. This has necessitated entrusting the executive with great powers, including that of delegated legislation. The circumstances favouring the same are herein below listed:      1.) WANT OF TIME/PRESSURE OF WORK Parliament is too busy a body. It is overburdened with a number of serious and significant tasks. Within the short span of its life, it has to promulgate various legislations which is an intensive, time consuming and complex exercise. If it devotes its time in laying down minor and subsidiary detail of each legislation by framing all the possible rules required under it, the whole of its time would be consumed in dealing w