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Retrospective and Retroactive Legislation: Historical Foundations, Constitutional Challenges, and Judicial Trends
I. Historical Foundations of Retrospective and Retroactive Law making 1.1 Origins in Roman Law and Early Common Law The conceptual distinction between retrospective and retroactive
Judicial Review in India: Doctrine, Applicability, and Incidents Involving Presidential/Gubernatorial Actions
I. Introduction Judicial review in India is a cornerstone of constitutional democracy, empowering the judiciary to examine the constitutionality of legislative enactments, executiv
India’s Secular Framework: The Intersection of Law and Religion
Introduction India, as a nation, is celebrated for its unparalleled diversity, where multiple religions coexist, each contributing to the vibrant cultural mosaic. At the heart of t
Federalism in the Article 370 Verdict: Unanswered Queries and Justice Ravindra Bhat’s Observations on the Supreme Court’s Silence
Introduction The verdict on Article 370 by the Supreme Court of India has been a subject of significant scrutiny and debate since its issuance. Retired Supreme Court judge Justice
The Doctrine of Object and Nexus: Safeguarding Constitutional Equality in Indian Jurisprudence
Introduction The doctrine of object and nexus stands as one of the most significant constitutional principles in Indian jurisprudence, serving as the primary mechanism for testing
Writ Petitions and Alternative Remedies: Can Writ Petitions Be Entertained When Alternative Remedy Is Available and a Pure Question of Law Arises?
Introduction The Indian judicial system operates on fundamental principles that balance accessibility to justice with procedural efficiency. One such principle concerns the
Decoding Clarificatory Provisions with Retrospective Effect: A Detailed Examination of Indian Jurisprudence
Introduction The Indian legal system operates on the fundamental principle that laws generally apply prospectively, meaning they affect transactions and events occurring after thei
Analyzing the Gujarat Land Grabbing (Prohibition) Act, 2020: Legal Challenges and Constitutional Concerns
Introduction The proliferation of land grabbing activities across India, particularly involving organized criminal networks and fraudulent claims over property, prompted several st
Bar to Writ Petitions: Examining The Doctrine of Alternative Remedies Under Article 226
Introduction The constitutional framework of India provides for an extraordinary alternative remedies through Article 226, which empowers High Courts to issue writs for the enforce
Writ Jurisdiction Under Article 226: A Comprehensive Guide to Constitutional Remedies Before the Gujarat High Court
Introduction: The Foundation of Constitutional Remedies in India The Indian Constitution represents one of the most elaborate frameworks for protecting fundamental and legal
