Article 19 (2) : “Reasonable Restrictions on Article 19 (1) (a)”
harpreetkaurd By Apurva Rathee, Advocate Article 19 (2): Under Article 19(2) the state may make a law imposing reasonable restrictions on the exercise of the right to freedom of speech and…
Constitution of India
Freedom of Press under Article 19 (1) (a) of the Constitution
By Apurva Rathee, Advocate Article 19 (1) (a) : Introduction In the landmark case of Maneka Gandhi v. Union of India Bhagwati, J. had emphasized on the freedom of speech…
Judicial Review of Service Matters
By Apurva Rathee, Advocate INTRODUCTION: The Constitution (Forty-Second Amendment) Act, 1976 From the very outset it has been a see-saw game between the executive and the judiciary. By the 42nd…
Scope of Principle of Double Jeopardy under Article 20 (2) of the Constitution and Section 300 of the Code of Criminal Procedure, 1973
By Apurva Rathee, Advocate Introduction: The right secured under clause 2 of Article 20 of the Constitution of India and Section 300 of the Criminal Procedure Code, 1973 is grounded…
Bandhua Mukti Morcha versus Union of India AIR 1984 SC 802
By Apurva Rathee, Advocate Statement of Facts: The Petitioner, Bandhua Mukti Morcha, is an organization dedicated to the cause of release of bonded labourers. The Petitioner conducted a survey of…
A brief study of concepts of Victimology and Rights of Victims under Indian law
By Apurva Rathee, Advocate Introduction During ancient times, victims had many rights and they used to play a crucial role in the criminal justice system. This was true during the…
Laws on Custodial Torture in India
By Harpreet Kaur, Advocate BACKGROUND: Literally, the word torture means the action or practice of inflicting severe pain on someone as a punishment or in order to force them to…
SUBRAMANIAN SWAMY v. UNION OF INDIA [Defamation vis-a-vis Right to Speech and Expression]
By Harpreet Kaur, Advocate The Supreme Court of India dismissed challenges to the constitutionality of the criminal offence of defamation, holding that it is a reasonable restriction on the right…