The Doctrine of Arbitrariness / Substantive Due Process I

Abhinav Chandrachud, grandson to Former CJI Y.V. Chandrachud, was not incorrect in noting that the doctrine of ‘fairness’/ ‘non-arbitrariness’ laid the foundation of substantive due process in our country. Justice Nariman supports this view. In a CJI K.G. Balakrishnan Judgment in 2010, richly cited in the book, it indeed was held that the ‘standard of substantive […]

Read more "The Doctrine of Arbitrariness / Substantive Due Process I"

The Doctrine of Widest Construction

“The jurisprudential basis for the ‘rule of widest construction’ is the hallowed belief that a Constitution is drafted with an eye on future providing a continuing framework for exercise of governmental power. Therefore, it must be elastic enough to meet new social, political and historical realities often unimagined by the framers of the Constitution. Chief […]

Read more "The Doctrine of Widest Construction"

Principles of Natural Justice II

“Principles of Natural Justice, it is well settled, are not codified rules of procedure. Courts have repeatedly declined to lay down in a strait jacket, their scope and extent. The extent, the manner and the application of these Principles depends so much on the nature of jurisdiction exercised by the Court or the Tribunal, the […]

Read more "Principles of Natural Justice II"

The Doctrine of Mutuality

My Lord, What is the Doctrine of Mutuality? “The said doctrine… is predicated on the principle enunciated in Styles v. New York Life Insurance Company, (1889) 2 TC 460, 471 (HL) by Lord Watson in the following words: “When a number of individuals agree to contribute funds for a common purpose, such as the payment […]

Read more "The Doctrine of Mutuality"

Promissory Estoppel IV

“The entire basis of this Doctrine of Promissory Estoppel has been well put in a judgment of the Australian High Court reported in The Commonwealth of Australia v. Verwayen, 170 C.L.R. 394, by Deane, J. The statement, based on various earlier English authorities, correctly encapsulates the law of Promissory Estoppel with one difference under our […]

Read more "Promissory Estoppel IV"