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 […]

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Scandalisation of Court

‘Scandalisation of Court’ is not ‘precisely explained’ in Supreme Court cases [See, In Re: Hon’ble Shri Justice C.S. Karnan, Suo-Motu Contempt Petition (Civil) No. 1 of 2017]. It is a species of contempt and may take several forms. A common form is the vilification of the Judge [See, Shri Baradakanta Mishra v. The Registrar of […]

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Substantive Due Process

The crucial question ‘can citizens claim an absolute right over their body parts and refuse to give digital samples of their fingerprints and iris for Aadhar enrollment?’ will only be answered when the Unicorn Constitution Bench decides the Aadhar-Privacy issue. The Aadhar-PAN Judgment, Binoy Viswam v. Union of India [Writ Petition (Civil) 247 of 2017], […]

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The Live Tweets Ailment

Vakasha Sachdev (@VakashaS) recently commented on ‘Live Tweeting Court Proceedings’: “A stream of live tweets, posted over the course of six days, recently went viral in the Indian Twitterverse. Surprisingly, these tweets had nothing to do with Shah Rukh Khan or Baahubali or the IPL or some ridiculous reality TV star or farragoes or any of […]

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