Introduction The Basic Structure Doctrine is one of the most significant principles in Indian constitutional law. It serves as a safeguard against arbitrary amendments to the Constitution by preventing Parliament from altering the fundamental characteristics of the Constitution. This doctrine ensures that the core values, principles, and spirit of the Indian Constitution remain intact, even…
Introduction Corruption is one of the most pressing challenges in governance, undermining public trust and hindering national development. In many countries, including India, prosecuting corrupt government officials requires prior sanction from the government or a competent authority. While this provision is intended to protect honest officials from frivolous accusations and politically motivated harassment, it has…
Public Interest Litigation (PIL) has become an essential aspect of India’s judicial system, allowing individuals and groups to approach the courts for the protection of public rights and social justice. The concept of PIL revolutionized the legal landscape of India by expanding the scope of access to justice and addressing issues that directly or indirectly…
Article 32 of the Indian Constitution is often referred to as the “soul of the Constitution” due to its crucial role in safeguarding the fundamental rights of Indian citizens. It empowers individuals to directly approach the Supreme Court if they believe their fundamental rights, as enshrined in Part III of the Constitution, are being violated….
Introduction Judicial activism refers to the proactive role played by the judiciary in interpreting and enforcing constitutional principles, often stepping beyond its traditional function of adjudicating disputes. In India, judicial activism has emerged as a critical element of governance, shaping policies, enforcing fundamental rights, and influencing public administration. This phenomenon has significantly impacted the delicate…
Introduction The “Basic Structure Doctrine” of the Indian Constitution is one of the most significant and debated legal principles in India’s constitutional law. It asserts that the Constitution of India has certain fundamental features or principles, which cannot be altered or destroyed by any amendments. This doctrine ensures that the basic framework and principles of…
Judicial activism refers to the proactive role played by the judiciary in interpreting and applying the Constitution to address gaps in legislation and ensure justice. While it has contributed significantly to safeguarding rights and promoting accountability, judicial activism has also faced criticism for overstepping its boundaries. Below, we discuss three key demerits of judicial activism…