The UP Ordinance: An Example of Executive Overreach?

In any democracy, institutions perform a multitude of functions like facilitating economic growth, adjudicating claims in a just and fair manner and maintain minimal political order[1]. However, the entire system of party politics, much like legal systems, acknowledges precedents (albeit informally) which set limits for future actions. One such precedent regarding delimiting executive and judicialContinue reading “The UP Ordinance: An Example of Executive Overreach?”

The Doctrine of Separation of Powers

The postulation of the doctrine of separation of powers which can also be termed as division of competences was introduced in Greece and was widely used by the Roman Republic. The concept separation of powers was initially introduced by Aristotle. He mentioned that doctrine in his book named “Politics”. In this book, he specified theContinue reading “The Doctrine of Separation of Powers”

The Devious use of Ordinances by the Legislature

Generally, there are three main categories of governmental functions, namely, the legislative, the executive, and judicial functions. To exercise these functions there are three main organs of the government in a State, namely, the legislature, the executive, and the judiciary. In a free democratic state, there must exist a separation of powers between the organsContinue reading “The Devious use of Ordinances by the Legislature”

COVID-19: A Boon or Bane to the Indian Judiciary?

Every crisis brings some opportunities to enhance and boost your skill. The novel pandemic has affected the world drastically. From business to education every sector of the economy has been disturbed. Access to justice is very important which is only possible when the judicial system will function properly and courts will uphold the justice andContinue reading “COVID-19: A Boon or Bane to the Indian Judiciary?”

Principle of Noscitur a Sociis

‘A man is known by the company he keeps.’ –Aesop The will of Legislature is expressed in the form of statutes and it is possible that when Judiciary applies the statute, then some words of the statute are ambiguous and sometimes the whole provision of the statute is not clear so the Judiciary interprets orContinue reading “Principle of Noscitur a Sociis”

Independence of Judiciary: A Comparative Analysis

Independence of the judiciary is something that is indispensable for the smooth running of a democracy. The judicial system is one that should be free of the pressure of fear or favor. There have been various measures taken in different countries for the protection of the independent stance of the judicial system. There are constitutionalContinue reading “Independence of Judiciary: A Comparative Analysis”

Article 136 – “The Armour of Justice”

The three organs of the government, i.e., the legislature, executive & the judiciary are interrelated to each other in both an intrinsic and extrinsic manner. If we look at the role of the judiciary in the present years, it has increased and the scope of judicial review has also been widened. The backbone of theContinue reading “Article 136 – “The Armour of Justice””