CONSTITUTION 1

Meaning of Independence of Judiciary Simply stated independence of judiciary means that: The other organs of the government, the executive and legislature must not restrain the functioning of the judiciary in such a way that it is unable to do justice. The other organs of the government should not interfere with the decision of the …

The independent judiciary as an aspect of separation of powers division of functions Read More »

Provisions in regard to the judiciary in India are contained in Part V (”The Union‟) under Chapter IV titled “The Union Judiciary‟ and Part VI (”The States‟) under Chapter VI titled ”Subordinate Courts‟ respectively. THE SUPREME COURT ( ARTICLES 124-147) The Supreme Court and the High Courts as the custodians and watchdog of the fundamental …

Appointment, removal and contemporary developments in JUDICIARY Read More »

Introduction To maintain the law and order in the society, the civilized state does not allow a victim to take the law in his hands either to punish the wrongdoer or re-compensate the loss suffered or injury sustained. Traditionally, Criminal Administration of Justice assumes that the claim of the victim is sufficiently satisfied by the …

Compensatory Jurisprudence Read More »

What is a Constitutional Tort? The responsibility that an individual bears for the actions of another is known as vicarious liability. It’s a common theme in master-servant partnerships. In general, a constitutional tort is a legal tool that allows the state to be held vicariously accountable over the actions of its agents. Article 300 of …

Constitutional torts Read More »

What is Good Governance? ‘Governance’ is the process of decision-making and the process by which decisions are implemented (or not implemented). Governance can be used in several contexts such as corporate governance, international governance, national governance and local governance. In the 1992 report entitled “Governance and Development”, the World Bank set out its definition of …

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INTRODUCTION The word ‘privilege’ can be defined as an advantage which a person has over others. It is an advantage conferred ‘over and above the ordinary law2. Black’s Law Dictionary defines privilege as a particular and peculiar benefit or advantage enjoyed by a person or company or class beyond the common advantages of other citizen, …

Parliamentary / Legislative privilege Read More »

Article 53 reads: The executive powers of the Union shall be vested in the President and shall be exercised by him either directly or through the officers subordinate to him in accordance with this Constitution. The constitutional powers and functions of the President of India may be classified as : Executive Powers and Functions Legislative …

POWERS & FUNCTIONS OF THE PRESIDENT Read More »

Parliamentary Presidential (i) two executive heads (i) single head (ii) fusion of the executive and legislature (ii) separation of powers (iii) collective responsibility (iii) President and cabinet members (iv) leadership of the head of government and (iv) law-making authority, and (v) absence of fixed terms. (v) fixed terms of offices.

Advantages of Presidential Systems For advocates, presidential systems are preferable to parliamentary systems because of the following advantages that they carry. the separation of powers between legislative and executive branches prevents the problem of executive domination, establishes limited government and thereby protects individual rights and liberties. unlike the parliamentary system under which each party is …

ADVANTAGES AND DISADVANTAGES OF PRESIDENTIAL SYSTEMS Read More »

Advantages of Parliamentary Systems The supporters of parliamentary system argue that this system is far better than presidential system because of the following advantages that it produces. Because of fusion of powers, members of legislature are more cooperative in relation to executive branch than is legislature in a presidential system. The government is more responsible …

ADVANTAGES AND DISADVANTAGES OF PARLIAMENTARY SYSTEM Read More »