Introduction to the Doctrine of Protective Discrimination The doctrine of positive discrimination is the instrument from which equality our forefathers of the Indian constitution imaged which will be achieved. It provides a protective environment to the people who were left behind in our society due to various kinds of discrimination like caste discrimination, which not … Continue reading The doctrine of Protective Discrimination and its development in light of the Indian constitution
The Criminal Law (Amendment) bill, 2019 was introduced in the Rajya Sabha as a private member’s bill by K.T.S Tulsi, an advocate and a parliamentarian. The bill intended to make the laws related to sexual offences, gender neutral, in order to extend the protection to males as well as transgender who have now been recognized … Continue reading Criminal Law (Amendment) Bill, 2019 – An Initiative to make Laws Gender Neutral.
The Constitution of India Guarantees the Right to Equality under Article 14 to 18. It is one of the most important features for a democratic country to function. Article 14 provides for two important aspects in the Justice System of India i.e. Equality before the law and the Equal Protection of the law and also … Continue reading Old Doctrine of Equality v/s New Doctrine of Equality
Doctrine of Legitimate Expectation revolves around the relationship between a public authority and an individual. This principle attained momentum with the rapid evolution of the freedom of an individual and the state. This principle is a method to keep a balance between the two basic pillars of the society i.e. the public and the administration. … Continue reading DOCTRINE OF LEGITIMATE EXPECTATION
“A man of courage never needs weapon, but he may need bail.”- Lewis Munford One of the most fundamental principles of criminal law is that a person is “innocent until he is proven guilty.” Under Section 167(2) of the 1973 Code of Criminal Procedure (CrPC), the maximum period for which the Judicial Magistrate can grant custody of … Continue reading Default Bail