Category Archives: Constitutional Law

The court cannot arrogate to itself any function which is left to the domain of the executive and the legislature. [State Of Himachal Pradesh & Anr vs Umed Ram Sharma & Ors]

State Of Himachal Pradesh & Anr vs Umed Ram Sharma & Ors, 1986 AIR 847 Before Supreme Court of India Bench: Mukharji, Sabyasachi (J) Author of the Judgement: S Mukharji Delivered on: 11 February 1986 Advocate for petitioner: Parasaran, Attorney General and A.K. Ganguli. Advocate for respondent: T.U. Mehta and C.P. Pandey. Brief Facts: A petition for […]

Rights of persons with disabilities is not to be viewed from charity, medical or social perspective. [Jeeja Ghosh and Anr. V. Union of India and Ors.]

Jeeja Ghosh and Anr. V. Union of India and Ors. CIVIL ORIGINAL JURISDICTION WRIT PETITION (C) NO. 98 OF 2012 Before the Supreme Court of India Bench: A.K. Sikri, J. Relevant Acts/ Statutes: Constitution-Articles 14, 19, 21, 32 The Persons with Disabilities Act, 1995 Civil Aviation Requirements’ 1st May, 2008 (CAR-2008) Rule 133A of the […]

A constitutional authority cannot do indirectly what it is not permitted to do directly. [Dr. D.C. Wadhwa & Ors v/s State Of Bihar & Ors]

Dr. D.C. Wadhwa & Ors vs State Of Bihar & Ors  Before Supreme Court of India Decided on: 20 December 1986 Bench: Bhagwati, P.N. (CJ), Misra Rangnath, Oza, G.L. (J), Dutt, M.M. (J), Singh, K.N. (J) Author: P Bhagwati, Justice. Advocates for the Petitioners: Soli J. Sorabji, J.B. Dadachanji, Ravinder Narain, T.N. Ansari, Joel Pares, S. […]

[Case Brief] Lily Thomas v/s. Union of India.

Background of the Case The issue of criminality in politics or precisely convicted representative in Parliament and legislature has been debated for a long time and several reforms have been proposed by different forums (Election Commission of India, Supreme Court etc.). Similarly with the parliamentary election had to be conducted in 2014, the Supreme Court […]