Latest from Administrative Law

Importance of Audi Alteram Partem in Upholding Natural Justice in India

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Natural Justice, as a principle of common law, has existed from the ancient Greek and Roman times. It is an important aspect of administrative law. The procedures and powers of tribunals- the a...

Hamdard Dawakhana v/s UOI: Shaping Delegated Legislation in India

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In the times when questions around delegated legislation, executive overreach, and commercial speech arise almost daily, the Hamdard Dawakhana[1] case becomes more relevant and significant. The...

Disaster Management Act, 2005

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India is one of the most disaster-prone countries in the world, facing frequent natural calamities such as earthquakes, floods, cyclones, droughts, and landslides, as well as human-induced disast...

Registration of Births and Deaths Act, 1969

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The Registration of Births and Deaths Act, 1969, is a landmark piece of legislation that governs the registration of births and deaths across India. The importance of registering such events extend...

Legal Services Authorities Act, 1987: An In-depth Analysis

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The Legal Services Authorities Act, 1987 is one of the most significant pieces of legislation in India, aimed at ensuring access to justice for all, especially for the marginalized and weaker sec...

The Commission Of Inquiry Act,1952

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By Act no. 60 of 1952, the parliament of India enacted an act with the title the Commission of Inquiry Act 1952, which was extended to the whole of India from the 16th of January 1953. The c...

General Rules of Interpretation

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Statutory interpretation is the process by which courts determine the meaning of legislation and apply it to specific cases. Given that laws are often written in broad and sometimes ambiguous t...

AADHAAR Act, 2016: A Step Towards Digital Identity and Inclusion

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The Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits, and Services) Act, 2016, commonly known as the Aadhaar Act, is a landmark legislation in India aimed at providing a un...

Certificate Attestation Laws for India: A Complete Guide

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Certificate attestation is a crucial process for individuals traveling abroad for employment, education, business, or residency. It serves as legal proof of authenticity for Indian-issued docum...

The Role Of Administrative Accountability In Corruption And Bureaucratic Disc...

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"Accountability is the glue that ties commitment to the result." -- Bob Proctor Bureaucratic discretion gives public officials some freedom to interpret laws, policies, and rules whe...

Reformative Justice In Modern Prisons: A Paradigm Shift

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This research article explores the need to transition from a punitive to reformative justice in India's prison system, addressing a significant gap in current practices. Conventional punitive j...

The Doctrine of Conflict of Interest

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The doctrine of conflict of interest serves as a cornerstone principle in ethics, governance, and law. Its primary goal is to guarantee transparency, impartiality, and accountability in all dec...

Nemo Judex in Causa Sua: A Fundamental Principle in Law

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The Latin phrase Nemo Judex in Causa Sua translates to "no one should be a judge in their own case." This principle is a cornerstone of natural justice, ensuring fairness and impartiality in le...

Audi Alteram Partem: A Core Principle of Justice

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The Latin phrase Audi Alteram Partem, meaning "hear the other side," is a cornerstone of natural justice in law. It mandates that before any adverse decision is made against an indivi...

The Landmark Wednesbury Test: A Cornerstone of Administrative Law

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The Wednesbury Test is a legal principle, established in the 1948 case Associated Provincial Picture Houses Ltd v. Wednesbury Corporation. It's used in the UK and other common law systems to de...

Natural Justice in the Indian Constitution

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The principle of natural justice is derived from the Latin term "jus natural," meaning natural law. Even though it is not written in any law book or constitution, it is based on commo...

Analyzing The Causes And Consequences Of Judicial Backlogs In India

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The Indian judiciary has long been seen as the defender of fundamental rights and the keeper of the Constitution. However, its capacity to provide prompt justice is hampered by the problem of j...

Administration Of Justice In India And Judicial Reforms

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Abstract The justice system in India faces major challenges, mainly against the background of the huge backlog of cases that are still pending. Courts throughout the country have a backlog of ...

Impact Of Lokpal And Lokayukta Act On Administrative Accountability

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"Exhibiting accountability over time is a gateway to trust. When we see someone acting with accountability, we gain the evidence we need to trust them." - Mike Erwin and Willys Devoll...

Departmental Enquiry

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It's a laid down law that departmental enquiry is the rule and it cannot be dispensed away with while dismissing an employee. Article 311(2) of the Constitution reads as follows: 311. Dism...

Doctrine Of Legitimate Expectation: Protecting Individual Rights and Ensuring...

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Legitimate expectation is a crucial concept in administrative law that provides individuals with the hope that they will be treated fairly by public authorities. It arises when a person or grou...

Balancing Between Promises And Policy Making: Understanding The Doctrine Of L...

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This paper delves into the doctrine of legitimate expectation under administrative law, focusing on its core principles and impact. The doctrine, akin to natural justice, ensures fairness, trus...

The Prevention of Corruption Act, 1988: A Comprehensive Guide to Combatting C...

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The Prevention of Corruption Act of 1988 is a crucial Indian law enacted to combat corruption and promote integrity in public administration. Prior to 1988, India lacked a comprehensive law tar...

Should the High Courts not call for the personal presence of the Erring Gover...

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It is common knowledge that sometimes the Government officials deliberately do not follow the directions of the High Courts or purposely do not furnish the requisite details as ordered by the H...

Judicial Review Of Administrative Actions In India

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'Judicial review of administrative actions in India serves as a crucial mechanism to ensure that executive decisions comply with the law and respect the law and the fundamental rights. Judicial...

The Traffic Light Theories Of Administrative Law: A Cross-Jurisdictional Ana...

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Administrative law is the branch of legal principles that governs the actions and operations of governmental bodies. It serves as a framework for ensuring that administrative decisions are fair...

Wednesbury Principle

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The independent Judiciary in India is the third limb of the Government which answers to the call for a guardian of rights. The main role of the Judiciary since its inception was application of ...

Administrative Discretion: A Journey from Laissez-Faire to Welfare States

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The later half of the 1800s, especially in the wake of England's Industrial Revolution, saw a number of revolutionary shifts in the way governments operated and were conducted. Since then, the ...

Is Mere Recognition Of Sub Rights Under The Land Acquisition Act 2013 Enough ...

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The Land Acquisition Act, 2013 which is officially known as the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 has brought significan...

A Comprehensive Analysis Of Principles Of Natural Justice Through Case Laws I...

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Principles of Natural Justice is derived from the 'Jus Natural'. It is a law of nature which consists of common law and moral principles therefore is not codified. It provides to make a sensibl...

Counsel D'Etal

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The term "Counsel D'Etal" refers to an individual or body providing legal counsel or advice, particularly in the context of state affairs or significant legal matters. This term is derived from...

The Human Essence Of Rule Of Law: From Ancient Precepts To Modern Realities

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The idea of Rule of Law is that the law is the ultimate authority. One of the basic principles of the English Constitution is the rule of law. This doctrine of rule of law is the entire basis o...

Awarding Police Medals: Time to Revamp the Process

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Police medals are a prestigious honour bestowed upon officers for exceptional acts of courage, outstanding service, and distinguished contributions. The rigorous selection process, involving mu...

Compliance With Illegal Orders Of Superior Officers: Ethical And Legal Implic...

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In any hierarchical system - like the military, police or a corporate setup - the chain of command is of utmost importance in keeping the order and discipline intact. The superiors pass orders ...

Exceptions To The Rule Of Natural Justice

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There are no definite provisions as to 'Natural Justice' in the Indian constitution. The concept of Natural Justice roughly relates to the concept of Law of Nature, although there are differenc...

A Comprehensive Analysis Of The Rule Of Law

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Administrative law, traditionally considered a secondary branch of law, has ascended over recent decades to become a crucial and respected field for both law students and practitioners. This ev...

Judicial Review Of Administrative Discretion In India

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The functions of a State can be classified as – traditional ( securing citizens from external and internal aggression), modern (providing physical services and regulatory functions, mana...

The Influence Of A Biased Election Commission On Democracy

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The foundation of democracy rests on the impartiality and integrity of its electoral processes. The Election Commission holds a crucial role in maintaining this integrity by overseeing election...

Principles Of Natural Justice: Establishing A System Of Fairness

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The Principles of Natural Justice are fundamental legal theories established to guarantee justice and fairness in judicial, quasi-judicial, administrative, quasi-administrative and processes. T...

Empowering Efficiency: Unraveling the Dynamics of Delegated Legislation

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Delegation of legislation a concept which we see on a daily basis in functions of each and every administrative activity. On a daily basis an act of asking your friend to perform a duty instead...

A Reflection On The Writ Of Mandamus And Mandatory Injunction

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The concept of prerogative writs, commonly known as writs, in India have been influenced trans-judicially from the Legal System of the United Kingdom. These writs came into existence as a mecha...

Nexus Between Law Making And Public Opinion

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The relationship between law and public opinion is complex and multifaceted. Public opinion refers to the views and beliefs held by members of the society, while law refers to the set of rules ...

The Crucial Role of Public Prosecutors in Upholding Law and Order

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In the intricate web of the legal system, there exists a pivotal figure whose responsibilities extend beyond courtroom battles and legal arguments. Public prosecutors, also known as district at...

The Habeas Corpus Dilemma: Dissecting A.D.M Jabalpur v. Shivkant Shukla (1976)

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The following is a brief Case Analysis of the case titled A.D.M Jabalpur v. Shivkant Shukla [(1976) 2 SCC 521]. This case is considered to be a black spot on Indian Judiciary as the verdict is ...

Comparative Analysis On The Separation Of Powers Between India And France

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Separation of powers can be defined in an organization as a "structure where responsibilities, authority, and power are divided equally between different organs rather than being held centrally...

Quo Warranto and Public Accountability: A case study of Rajesh Awasthi v. Nan...

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Administrative law provides for control over the administration by an outside agency, strong enough to prevent injustice to the individual for the effective administration. Due to the governmen...

A Delve Into ED's Power To Arrest In Money-Laundering Cases

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The Prologue: The Directorate of Enforcement or the Enforcement Directorate ("ED") is a multi-disciplinary organization primarily mandated with investigation of offence of money-laundering cas...

Preventive Arrest Under Section 151 CrPC: Use, Misuse and Court Judgments

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Use of Section 151 CrPC:According to Section 151 (1) of the CrPC, a police officer has the authority to arrest a person without a warrant or orders from a Magistrate if they have knowledge of a...

Lokpal And Lokayukta: To Stop The Protector From Becoming The Perpetrator

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In India Corruption is a mark of disgrace that is deeply rooted. There won't be any person who is not aware about corruption. Corruption can be defined as a form of 'dishonesty or criminal offe...

Police Administration In India: A Historical Perspective

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Any society needs peace of mind and conducive circumstances for progress. Disturbed and anarchic societies exhaust all their potential in unworthy things. On the other hand, if they have a sens...

Contours And Implications Of Quasi-Judicial Actions

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Among the three organs of State, the legislature makes law; the executive ensures its enforcement; and the judiciary interprets the law so as to apply it to a given situation. Judiciary also en...

Celebrating the Resilience of Indian Democracy and the Role of CAG of India

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Dr. B.R. Ambedkar, the visionary architect of the Indian Constitution, envisaged a democratic framework founded on justice, accountability, and transparency. His wisdom, as encapsulated in his ...

Critical Analysis On The Application Of Rule Of Law In India, UK And US

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Origin of Rule of Law: ROL signifies the importance of law and gives law a supreme position in the administration and governance of a nation. The term has its origin in the French phrase- 'La P...

The Cornerstones Of Fairness: Principles Of Natural Justice

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This article delves into the cornerstones of fairness known as the principles of natural justice, examining their historical origins, objects, and rules. Natural justice, not explicitly defined...

Legislative Functions of Administration

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Administrative Law pertains to the legal framework governing the actions of government administrative agencies. These actions encompass activities such as rule-making, adjudication, and the enf...

Granting Injunctions In Administrative Cases

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In the intricate world of administrative law, the power to grant or deny injunctions plays a pivotal role in ensuring the equilibrium between individual rights and the authority of government a...

Street Vendors And The Law

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By the year 2050, the global urban population is projected to grow by at least 2.5 billion people, Informal practices play a significant role in the functioning of cities, with informal street ...

Administration Tribunal In India

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In Administrative law, the term 'tribunal' is used in a significant sense and refers to only the adjudicatory bodies which lie outside the sphere of the ordinary judicial system. Technically in...

Disclosure Of Information Of Case Diary And General Diary/Station House Diary...

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Section 8 (1) (h) of the Right to Information Act - 2005 prohibits revelation of such kind of data, which would impede the process of investigation or hinder the police from apprehending or pro...

Analysis On The Effect Of Judicial Control Over Delegated Legislation

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The renowned four pillars of Indian democracy are the legislative, the judicial, the executive, and the press. Because of its wide-ranging ramifications, delegated legislation is one of the mos...

Unraveling The Legal Web: State Liability In Indian Contracts

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A contract is an agreement between two or more parties that is enforceable by law. Section 2(h) of the Indian Contract Act, 1872 defines a contract as an agreement enforceable by law. The term ...

Employment Of Children And Young Persons Under The Tamil Nadu Shops And Estab...

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Poverty and High Unemployment Poor children and their families may rely upon child labor in order to improve their chances of attaining basic necessities. About one-fifth of the world's 6 billi...

E-Governance: An Emerging Trend in Administrative Law

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The landscape of governance is undergoing a drastic change in the digital age. E-governance has become a well-known trend that is shifting how the government communicates with its citizens. Gov...

Right to Information: A Powerful Tool for Democracy in India

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The biggest democracy in the world, India, was founded on the values of openness, responsibility, and the rule of law. When knowledge is freely exchanged, individuals are informed, and governme...

Judicial Control Over Delegated Legislation

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This article examines the principle of delegation. legislation and its control. Delegation is the process by which legislative authority is transferred from the legislature to the executive bra...

Understanding the Doctrine of Legitimate Expectations: Legal Principles and P...

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The Doctrine of Legitimate Expectation is a legal principle that protects individuals' expectations arising from the promises, representations, or established practices of public authorities. I...

History of Administrative Law in India

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Prior to the advent of colonial rule, India was governed by its own unique systems of justice and governance, with each community and region having its own set of rules. However, the British co...

Administration In Drug Control And Mechanism

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According to World Health Organisation , "Worldwide about 0.5 millions deaths are attributable to drug use". Narcotics can be defined as any kind of drugs which is addictive. Narcotics are invo...

Administration Of Forest Service And Issues Faced By The Forest Policing

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"A Nation That Safeguards Forest Will Be The Finest" The forest service in India was primarily introduced by the British Government. India is one of the countries in the world to have scientif...

Complete Analysis of the Maharashtra Police Act, 1951

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Historical background, Objects, Scope and Definitions under the Act Introduction The Maharashtra Police Act, 1951, is a piece of legislation that governs the functioning and organization ...

Rule Of Law: An Overview: Can Rule of Law Be Negated Indian Context?

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The Rule of Law represents the idea of law's supreme authority. It is essential for a disciplined and organized society. A government can effectively protect individual liberty and rights if it...

Executive Powers and Duties of the Police under the The Maharashtra Police Ac...

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Chapter VI of the document outlines Executive Powers and Duties of the Police Duties of a Police Officer (Section 64): Serve summonses, execute warrants, and follow lawful orders. Ga...

Under The The Maharashtra Police Act, 1951

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Chapter VI of the document outlines Executive Powers and Duties of the Police Duties of a Police Officer (Section 64): Serve summonses, execute warrants, and follow lawful orders. ...

Special measures for Maintenance of Public Order and Safety of State under th...

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Chapter V of the document outlines special measures for maintaining public order and the safety of the state. Section 47 - Employment of Additional Police: Allows the Commissioner o...

Police Regulations under the The Maharashtra Police Act, 1951

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Police Regulations: Chapter IV from sections 33 to 46 of the Maharashtra Police Act 1951 deals with Police Regulations. Rule-Making Authority: (a) Government official...

Regulation, Control and Discipline of the Police Force under The Maharashtra ...

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Regulation, Control and Discipline of the Police Force Chapter III from sections 23 to 32 of the Maharashtra Police Act 1951 deals with Regulation, Control and Discipline of the Police Force ...

Superintendence, Control And Organization Of The Police Force Under The Mahar...

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Chapter II from sections 3 to 22-A of The Maharashtra Police Act 1951 deals with Superintendence, control and organization of the Police Force Provisions: Sec 3. One Police Force for the whol...

Historical Background Objects, Scope And Definitions Under The Maharashtra Po...

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Introduction The Maharashtra Police Act, of 1951, is a piece of legislation that governs the functioning and organization of the police force in the Indian state of Maharashtra. This act provides ...

Tortious Liability in Administrative Law: A Global Perspective

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Tortious Liability in Administrative Law is an intricate legal concept with far-reaching implications, both in India and on a global scale. In essence, it entails the legal responsibility of go...

Vivek Narayan Sharma vs Union of India: Case Analysis

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In 2016, Government of India took a decision to demonetize ₹500 and ₹1000 Specified Bank Notes (SBNs). This decision was made to wipe out fake currency notes from the economy, check...

The Evolution and Impact: Unraveling the Growth of Administrative Law

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Administrative Law is known as the Most Outstanding Legal Development Of 20th Century, Admin law is developed in 20th century. It does not mean that before 20th century there were no administra...

Understanding The Concept Of Delegated Legislation And Its Control With Relev...

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The principle of delegated legislation and its control are examined in this article. Legislative authority is transferred from the legislature to the executive branch or other entities through ...

The Restrictions of Delegation of power under Indian Administrative Law

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This article discusses one of the most important areas of administrative law, which is the delegation of powers, and it focuses on this topic throughout its whole. The purpose of this research ...

Research No: Doctrine Of Separation Of Powers

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Meaning: There are three main categories of governmental functions, and to perform these three functions, there are three separate organs, namely: Executive Legislature and Judiciary ...

The Impact Of The COVID-19 Pandemic On White-Collar Crime, Including New Oppo...

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The COVID-19 pandemic has caused unprecedented changes in the workplace, forcing millions of employees around the world to adapt to remote work arrangements. The abrupt shift has created new op...

Assessment of Fundamental Principles of Natural Justice

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The principle of natural justice is a fundamental concept in the legal system that seeks to ensure fairness and impartiality in judicial proceedings. This research paper aims to provide a compr...

The Concept Of Administrative Relations Between Center-State With An Emphasis...

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Administrative Relations between Centre and StatesThe administrative relations between the Centre and the States are stated under Article 256 to Article 263 of the Constitution of India. The Gove...

Power Abuse Among Indian Police Officers

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The police are a security force whose job it is to ensure that the laws are basically enforced. The police are the primary law enforcement agency of society, they are the people entrusted with ...

Right To Information v/s National Security: An In-Depth Anatomization Of The ...

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After India acquired independence in 1947, the Official Secrets Act[1] that was established in 1923 remained in effect. The law, which is applicable to both government personnel and the general...

HC Judge vs IAS Officer

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This is a purely ceremonial ranking that tries to satiate the ego of all the three wings of the Indian state: It still does not change the fact that India is not a country with perfect separat...

Administrative Law As A Byproduct Of Intensive Form Of Government

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The main emphasis of this research study is how an intensive style of government and its governance influenced the development of administrative law. Administrative law has always been regarded...

Examine Whether The Rise Of Administration In 21st Century Has Been A Journey...

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The relationship between the welfare state and globalisation is complicated, because it shifts over time. The "welfare state" today spans and integrates a wide range of policies and d...

Uniform Civil Code

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It is an idea to formulate and implement personal laws of citizens which apply on all citizens regardless of their religion, gender and sexual orientation. The main motive behind this code is t...

Analyze: Separation Of Power

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The Doctrine of Separation of power was originated by Montesquieu he intended through this theory that power should be separated into the three branches of government for smooth functioning and...

National Security Act, 1980: An Introduction

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Amid the continuing protests in Delhi against the CAA and NRC, Delhi's elected official Anil Baijal, on the 17th January of 2020, unconditional the ability to detain any individual under the Na...

A Glance at Models of Administrative Adjudication

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If we simply understand the literal meaning of the word administrative adjudication, it can be understood as the determination of any matter whether it is judicial or quasi-judicial nature by a...

A look into: Interpretation Of Statutes And Its Rules

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One of the most substantial and the principal duty which are vested on the judiciary is the interpretation of the statutes or law which are in force. When the courts deliver justice in a legal ...

Process of Trial of a Corruption Case

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With the advent of human societies, corruption has become a big problem. It was one of the vital factors for the decline of the Roman Empire. In its traditional sense, corruption refers to 'Mor...

Withdrawal of CIRP Application At Different Stages

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One of the main objects of the IBC is permitting the Corporate Debtor to continue as an on going concern and at the same time, paying the dues of the creditors to the maximum. There is possibil...

Administrative Action And Doctrine Of Proportionality

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Judicial review of legislative and executive action has been one of the most important developments in the field of public law in the last century. Though the concept of judicial review was dev...

Occupational Health And Safety Legislation In India

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As defined by WHO, Occupational health deals with all aspects of health and safety at the workplace with special emphasis on primary prevention of hazards. The basis for occupational safety an...

Rules of Interpretation of Statutes

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Interpretation of statute is one important task assigned to the courts by which they interpret the statute or law when there is question of law comes to it which is not precisely answered in th...

Surveillance Laws in India

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Surveillance means monitoring, collecting or intercepting data of the individual by a third person. With advancement in technology and increased number of telecommunication and internet users i...

Election Commission Of India: Critical Analysis

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The Election Commission of India is an independent Constitutional body constituted under Article 324 of the Constitution,[1] which provides for the appointment of an Election Commission to the ...

Judicial Control Over Administrative Action

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In all the countries with developed or developing democracy, the main goal is to achieve an efficient and effective administrative system. In India administrative law was given recognition in t...

Show Cause Notice Is An Essential Feature In Administrative Action

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The purpose of this article is to pronounce the Show Cause Notice it's importance, features, types, drafting and replying to a show cause notice. This Article uses case studies to analyze the e...

CBSE Not A Statutory Body: Disciplinary Action Against CBSE School Teacher Ca...

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The Supreme Court has held that a writ petition raising service disputes against private educational institutions are not maintainable, if they are not governed or controlled by the statutory p...

Analysis Of Administration Of Natural Justice Under Administrative Law

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The principle of natural justice comes from the word "Jus Naturale" in Roman law, which is closely linked to common law and moral principles but is not codified. It is a natural law t...

A Mere Dissatisfaction Of The Minority Does Not Constitute Oppression: Critic...

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The working of a company when it pertains to decision making always follows the Majority Rule. Any decisions to be taken are voted upon by members in meetings and depending upon the subject mat...

State of Bihar v/s Dr.Sachindra Narayan Case Analysis

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Legitimate Expectation means that a person may have a reasonable expectation of being treated in a certain way by administrative authorities owing to some consistent practice in the past o...

Alteration And Addition Of Charge

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Unless the accused convinces the magistrate that there has been a travesty of justice by not framing the charge under a specific provision, and some prejudice has been caused to the accused, an...

The Dominion Of India v/s Shrinbai A. Irani: With Special Emphasis On Princip...

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This research paper deals with the judgement given in the case of Dominion of India & Ors. V/S. Shrinbai A. Irani & Ors and how rules of interpretation were applied to the judgement by Justice ...

Commonwealth Games 2010: Corruption And Irregularities

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An Analysis Of Principles Of Natural Justice

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The term Principles of Natural Justice derived from the articulation Jus Natural of the Roman Law, doesn't have the power of law as they might frame part of statute yet they are essential to be...

Understanding The Principle Of Natural Justice And Its Application In The Ind...

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The foundation of national order is justice. To ensure fair play, the Natural Justice Principle safeguards people from the arbitrary exercise of power. The term "natural justice" ensu...

The Doctrine of Public Accountability

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Accountability refers to the process of holding people or organizations accountable for performance as objectively as possible. India, as a parliamentary democracy, has elected legislatures wit...

Administrative Discretion

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The concept of Administrative Discretion has assumed great importance with the rapid growth of Administrative Law. The emergence of welfare state has led the government to perform multitudinous...

The Fault In Our Speech

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Freedom of speech and expression- A fundamental rightIt is stated in the article 19(1)(a) of the Indian constitution that "all citizens should have the right to freedom of speech and expression" ...

An Analysis of the Schemes of Modernization of Police Forces with special ref...

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The concept of modernization of police is not something which is just a phase or which could be achieved in a limited time frame, rather it is an ever evolving process, more in a country like I...

Accountability of Public Servant

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When we think of this topic there are three words that stand out; Accountability, i.e.: Responsibility, public servant i.e. persons appointed to a specific position by the government for servin...

Section 144 crpc

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What is section 144 of crpc?Section 144 of the Criminal Procedure Code (CrPC) of 1973 authorises the Executive Magistrate of any state or territory to issue an order to prohibit the assembly of...

Role Of Writs In Administrative Law

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Writs play an important role in the protection of fundamental rights in Indian constitution. Writs guarantee the right to move to Supreme Court in case of infringed right. The award of compe...

Growth of Delegated Legislation in India

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Meaning; Delegation of the Legislative power has been defined as, an act of delegating an authority with the responsibility to act on behalf of the superior, who has given them that power to e...

The Concept of Burden of Proof

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The Indian Evidence Act does not define the term "burden of proof." However, in simple terms, the burden of proof refers to the legal requirement or responsibility of the parties to establish t...

Case Analysis: Jalan Trading Company v/s Mill Mazdoor Union

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Facts of the Case The Payment of Bonus Ordinance 3 of 1965 was promulgated by the President on May 29, 1965, with immediate effect due to the demand for payment of bonus for the years 1961 and...

Excess Administration: Where do the power of authorities end?

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Ever since the advent of time and the modification to the definition and purpose of the term state, the role of the administration viz-a-viz the government has increased to a large extent. The ...

Critical Evaluation of Doctrine of Separation of Power in Indian Context

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In a democracy like India, it is very difficult to establish a precise separation of power, and the function of one branch frequently overlaps with other. India is a quasi-federal country, and ...

Political Fund Under Trade Union

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A registered trade union is entitled to maintain two kinds of funds. They are: General Fund and Political Fund. The Trade Unions Act, 1926 imposes certain conditions on the Trade Unions to spend/u...

Speaking Orders: Reasoned Decision

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"Nemo debet esse judex in propria causa" and "Audi alterem partem" are two pillars of natural justice. Speaking order or reasoned order is considered the third pillar of natural justice. A reas...

Tribunalization And Its Current Trends

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The tussle between the executive and the judiciary over the tribunal system has been never ending. [1]Over the years, cases are adjudicated at a very slow pace and the process has become more e...

Ombudsman

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An ombudsman is an official who is charged with representing the interests of the public by investigating and addressing complaints of maladministration or a violation of rights. It is an authori...

Lokpal Act: The Toothless Tiger And The Need For Amendments

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The present world has become into a place where people with an enormous wealth and money are considered as some achiever and they are the most desired of all. The concept of respect has seen a ...

Justice Necessitates Enforcement

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The Constitution is the supreme law of the land, and judiciary is charged with interpreting and protecting it. For this aim, the judiciary can conduct judicial review of any statute to determi...

Privy Council: History and Developments

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Privy Council A privy council is a body that advises the head of state of a nation, typically, but not always, in the context of a monarchic government. The word "privy" means "...

Federal Relations between the Centre and The State

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Federalism is not about State's rights. It is about dividing power to protect individual liberty.- Elizabeth Price Foley Abstrac...

Custodial violence and deaths: Violation of Principle of Rule of Law

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Concept of Rule of Law Rule of Law was originated by the Chief Justice of England: Sir Edward Coke. He said that the king should be under the god and the law, he established the supremacy of ...

Government Privileges Not to Produce Documents

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The increasing uncertainty of a democratic state enhances the government's confidentiality. This adds to administrative violations. Democratic administration needs a fine balancing between the ...

History And Development Of Tribunals In India: A Special Reference To Series ...

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The increasing complexities in the role of the state due to socio-economic changes in the society and the enactments of new laws have increased their work to perform regulatory role. As a resul...

The Cardinal Doctrine of Audi Alteram Partem

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Audi alteram partem (or audiatur et altera pars) is a Latin phrase meaning listen to the other side, or let the other side be heard as well. The second fundamental principle of natural justic...

Separation of powers in India

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In India, a separation of functions rather than of powers is followed. Unlike in the US, in India, the concept of separation of powers is not adhered to strictly. However, a system of checks an...

Elected Government Of Delhi: A Crown Without Jewels

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GNCTD (Amendment) Act 2021The GNCT (Amendment) Bill which has amended the GNCTD Act 1991, after The President gave his assent on 28th March 2021, it has been a controversial topic for the month o...

Judicial Review of Administrative Discretion

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With the abandonment of laissez faire and advent of the modern philosophy of a welfare and social service state, the administrative organ, in practically every democratic country, is performing m...

Constitutionality of Delegated Indian Legislation

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The issue of delegated legislation has been one of the most debated issues in the domain of legal theory because of its various implications. Scholars and Researchers have consistently present...

Critical Analysis of Indian Administrative Law Formation

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Due to no set area and region, administrative law is an ever-developing doctrinal domain. In the freshly invented and explored age of democracy, the concepts of Indian Administrative Law are e...

National Security Act, 1980

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Since India acquired autonomy in 1947, it has had in power security laws avowedly concerned not with ordinary wrongdoing, but rather with acts that apparently present further, additionally suff...

Analysis of The Tribunals Reforms (Rationalisation And Conditions Of Service)...

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The author through this piece of research has tried to highlight the interconnection between the Indian Legal System and the Need of Administrative Tribunals. The Tribunals Reforms (Rationalisati...

Dowry System: A Socio-cultural Dilemma In The Society

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Dowry is the pathetic culture in our society. A dowry or dahej is a gift of cash provided by the bride's family to the groom's family and the newly created home at the time of their wedding. Do...

Application of de facto doctrine in India

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The doctrine of de facto officer states that the decisions taken by an official, within the jurisdiction of his office and in the interest of public or any third party, holding the office by vi...

White Collar Crime

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Meaning White collar crime are the crimes committed by someone of high status throughout the course of his occupation. it's against the law committed by well skilled or a business person who ...

Lobbying Disclosure Laws in France, Germany and the UK

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In today's world, lobbyists have become an essential component of the law-making process in most modern-day democracies. Lobbying is an instrument that is widely used by many stakeholders to mo...

The Responsibility of the Civil Service Officials in the Progress of Administ...

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In a democracy , the civil services play an extremely important role in the administration, policy formulation and implementation and in taking the country forward towards progress and developme...

Understanding The Control Mechanism Over Delegated Legislation In India And C...

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Delegated legislation that it was an expression which covered a multitude of confusion. He viewed it as an excuse for the Legislature, a shield for Executors and a provocation to the Constituti...

Critical Analysis of Separation of Power

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The three main organs of the government are the legislature, the executive, and the judiciary. According to the doctrine of separation of powers, the powers and functions of the government must...

Reasoned Decision And Speaking Order

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Administrative bodies are obliged by concept of Natural justice to act fairly. Natural justice plays an important role to control the exercise of quasi judicial and administrative power. Basica...

Analyzing Post Decisional Hearing As A Natural Justice Principle

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Pre-decisional Hearing, is an important principle of Natural Justice, if the chance of being heard is not provided to the accused, it would violate the principle of natural justice. Audi Alterm...

The British Era Annals Of The Records Of Travellers To Kashmir

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The great mystery of language, which by one sound can bring before us not a single image only, but a multitude of objects and events, and fill the imagination according to its capacity, in no c...

Liability Of State In A Contract

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Origin: In England the concept The King can do no wrong had its sway. All the courts in England were under the Crown and hence Ould not be sued. Absolute immunity was provided to the Crown and...

Jurisdiction Of Administrative Tribunals

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Administrative Tribunals are quasi judicial authorities established with the duty to discharge adjudicatory functions. Dicey's Concept of Rule of Law is opposed to establishment of Administrative...

Prosecutors not bound to heed Government order regarding withdrawal of cases

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A division bench of the Karnataka High Court recently noted: No Court is bound by such a decision taken to withdraw from the prosecution. The matter was heard while issuing notice to the respond...

The superior authority can't exercise its power u/r 219.4 after the lapse of ...

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There is no provision under the Rule which has been shown to the Court which enables the superior authority/revisional authority to exercise power under Rule 219.4 of the Rules even after lapse...

Various Concepts of Administrative Law and Judicial Review

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Prologue Administrative law deals with the legal control of the government and related administrative powers. On the other hand, judicial review is a process under which executive or legislati...

The court can't interfere with the conclusion of the Inquiry report if it has...

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Does the court have power and discretion to interfere in the inquiry procedures, where they can decide the eligibility of an inquiry officer or his appointment?, is the underlying question of t...

Administrative Tribunals in India

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Salus Populi Est Suprema Lex - (Let the welfare of the people be the supreme law) In Administrative law, the term tribunal is used in a significant sense and refers to only the adjudicatory bod...

Opportunity of hearing is a valuable right

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A plea of lack of opportunity to defend its case is a legal plea. The Supreme Court bench consisting of J. Sanjay Kishan Kaul and J. Hrishikesh Roy decided upon the matters of jurisdiction, nat...

Seniority is determined on the basis of date of appointment: Supreme Court

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Those selected and appointed through a prior selection would rank higher to those selected and appointed through a later selection process. The Supreme Court bench consisting of J. Indira Baner...

Reasonable opportunity to defend is the first principle of civilized jurispru...

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Reasonable opportunity should be given to an individual to defend herself/himself in order to uphold the principles of natural justice. The Supreme Court bench consisting of J. Abdul Nazeer and...

Lobbying

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Lobbying is a very misconceived notion. It is the process of influencing the government at any level, whether administrative or executive, state or central or influencing a policy making procedur...

Judicial Delays in Administration of Justice

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Distinguished Panelists, the Principal of Kristu Jayanti College of Law, Faculty Members, academicians, my dear law-students, participating Ladies and Gentlemen. Namaste! Subodayam! Vanakkam! A...

Application Of Constitutional Obligations On Non-State Actors

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The even utilization of basic freedoms to non-state entertainers (NSA) is an advancing and challenged lawful region both relatively and at the worldwide level. Considering this, the article tal...

Development Of Administrative Law In India

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The principle objective behind the study of administration law is to unwind how these administrative authorities could be kept within their limits with the goal that the discretionary powers ma...

Application Of Theory Of Separation Of Powers In India

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Understanding the Doctrine of Separation of PowersThe concept of Separation of Powers in its truest sense refers to a structural and functional framework, where all the powers are not concentrate...

Judicial Analysis of the Power and Functions of the Administrative Tribunals

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This paper mainly focuses on the power and functions of the administrative tribunals as laid down by the judiciary. These adjudicating bodies are created by the government to relive the court's b...

Circumstantial Evidence: Beyond Reasonable Doubt

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Witnesses May Lie, But Circumstances Don't Conferring to a basic principle of common law, criminal convictions can be obtained if the guilt of the defendant is proved beyond a reasonable doubt...

Commission of Inquiry

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To enable the administration to discharge effectively the multifarious functions entrusted to it, it needs to exercise broad powers of conducting the investigations and inquiry into various mat...

An analysis of the violation of Separation of Power

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In India, the doctrine cannot claim any historical background. The legislature did not appear as a body separate from the executive till the middle of 19th century. The doctrine of separations ...

Sociological school of jurisprudence

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Sociological schools: Law and Society: Law is a social function i. e: there will be coming to society and leaving the society but society remains constant. Society was there before we came to t...

Article 311 Acting As A Safeguard

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Art 310 of The Indian Constitution speaks about how every member who is a civil servant under either the Union Government or the State Government serves at the pleasure of the President or the ...

Effectiveness Of Control Over Legislative Functions Of Administrative Bodies

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Administrative law is a result of rising state socio-economic functions of the state & increased governmental control. Krishna iyer claimed that parliamentary control over delegated legisla...

Haebus Corpus

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The Constitution of India provides powers to the Supreme Court and the High Courts in the form of issuing writs for the enforcement of the Fundamental Rights conferred on the citizens by t...

The Art of the Renaissance for Shaping India's future

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India lives in a moral Vacuum. Bold Surgery is needed to treat the diseased heart of a nation which was once great. It is a vast subject which has to be looked at politically, socially and econom...

Public Accountability in India:- Current Scenario

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Accountability means being able to provide an explanation or justification and accept responsibility, for events or transactions and for one's own actions in relation to these events or transac...

Post Decisional Hearing

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Natural Justice is the underlying soul of impartial and unbiased court rulings. The fundamental rule governing the principle of Natural Justice is Audi Alteram Partem; it embodies the concept t...

Transgender (protection of rights) Act, 2019

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Transgender community has been wronged in several countries for centuries. It is sad to see that this gender of society even today struggles for their rights. In this essay, I intend to critiq...

Comparative Analysis between the current Banking Ombudsman and the abolished ...

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The Banking Ombudsman has been a success to a large extent in catering to the needs of the aggrieved customers of the bank. However, very recently the Income Tax Ombudsman was abolished by the ce...

Judicial Review of Administrative Action in India

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As seen throughout the evolution of humanity, power sings a song of corruption in man's ear, absolute power and control have oft led to tyranny, aggression and complete chaos. Instances of such k...

The Nondelegation Doctrine: Justice Scalia's jurisprudence through the lens o...

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Justice Scalia was one of the most famous dissenters in the history of the United States and, was known for his devotion to the Constitution. Two of his famous dissents relating to the nondelegat...

Lockdown: Constitutional Or Coercive?

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A main concern on exceptional and emergency natural measures is what's been described as a toxic lockdown culture in some countries. --U.N. Human Rights Office [i] The 21-day lockdown that was in...

Administrative Law Droit Administratif

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In the present time in almost in every country irrespective of its political philosophy the administrative process has increased too rapidly that today we are living not in its shade but shadows....

The Importance Of Administrative Tribunals In Legal System And The Issues Bei...

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In administrative law, tribunal is a body that practices power to adjudicate. ‘Tribunals’ are not termed as ordinary courts. Article 136 of the Constitution[1] recognises the statu...

Competition law in India

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Many countries of the world have formulated their own competition laws so as to curb anti-competitive etiquette or unfair trade practices. The competition law mainly focuses on avoiding certain...

Privileges And Immunities of Government In Legal Proceeding Under Administrat...

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Immunity from Estoppel: The sanctity of promises in our society lies in the societal and moral conventions that allow a promissory to be treated as bound to his promise. This moral convention i...

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