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Limits of Judicial Review in Examination Matters: Supreme Court Holds High Courts Cannot Act as Super-Examiners
Introduction The delicate balance between judicial review and administrative expertise has long been a subject of intense jurisprudential debate in India. This balance becomes part
Basic Structure Doctrine vs Parliamentary Sovereignty: The Constitutional Equilibrium in Indian Democracy
Introduction The Indian Constitution represents a delicate balance between flexibility and rigidity, between the need for evolutionary change and the preservation of fundamental va
Arbitral Awards Not Liable to Be Set Aside on Mere Error in Law or Misappreciation of Evidence: Supreme Court Limits Judicial Interference with Arbitral Awards
The Supreme Court of India recently delivered a significant judgment that reaffirms the fundamental principles limiting judicial interference with arbitral awards under the Arbitra
NSA Preventive Detention: Supreme Court Landmark on Section 3
Introduction The Supreme Court of India has once again demonstrated its commitment to protecting fundamental rights by ordering the immediate release of a law student detained unde
Judicial Review of Advance Rulings under GST: Scope and Limitations
Introduction The introduction of the Goods and Services Tax (GST) in July 2017 marked a watershed moment in India’s indirect tax regime, consolidating multiple taxes into a u
Pre-Enactment Judicial Review in India: Examining the Supreme Court’s Unprecedented Review of the Arbitration Bill 2024
I. Introduction On May 3, 2025, the Supreme Court of India entered uncharted constitutional territory by conducting a review of The Arbitration Bill 2024 while it remained pending
Retrospective Application of Statutes: Article 20(1) Rules
Introduction The retrospective applicability of statutes, notifications, and resolutions in India is a complex and frequently litigated area of law. It concerns the extent to which
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
Securities Appellate Tribunal: Centre Appoints New Members, Strengthens Legal Oversight
Introduction The Securities Appellate Tribunal (SAT) plays a pivotal role in the Indian financial landscape, serving as an appellate authority for adjudicating disputes related t
Judicial Review: A Catalyst for Policy Evolution and Democratic Resilience in India
Introduction In a lecture delivered at Harvard Kennedy School, Justice BR Gavai expounded upon the theme “How Judicial Review Shapes Policy.” This discourse delved into
