Architecture of Democratic Governance: An Analysis of Key Features of the Constitution of India
The article analyses the Constitution of India as a philosophical framework for self-governance in a democratic system within an exponentially and increasingly diverse society, rather than merely a legal document. Beginning with the debates within the Constituent Assembly and following Ambedkar’s idea of linking political and social democracy, it examines how certain structural decisions reflected […]
JOSEPH SHINE V. UNION OF INDIA (2018 Supreme Court)
The landmark judgment of the Hon’ble Supreme Court of India in the case of Joseph Shine v. Union of India (2018) led to the conclusive burial of Section 497 of the Indian Penal Code 1860 . The provision pertained to extramarital intercourse but was limited to only those instances whereby a man had intercourse with […]
LAW OF EVIDENCE IN INDIA: THAT DECIDES WHAT A COURT IS ALLOWED TO BELIEVE
Most people assume that a trial is a search for the truth: feed in the facts, apply the law, and get justice. What they do not realise is that, before any of that happens, an entire body of law has already determined which facts the court is even permitted to consider. That body of law […]
Architecture of Democratic Governance: An Analysis of Key Features of the Constitution of India
The article analyses the Constitution of India as a philosophical framework for self-governance in a democratic system within an exponentially and increasingly diverse society, rather than merely a legal document. Beginning with the debates within the Constituent Assembly and following Ambedkar’s idea of linking political and social democracy, it examines how certain structural decisions reflected […]
CARLILL V CARBOLIC SMOKE BALL CO., (1893) 1 QB 256
This case comment analyses Carlill v. Carbolic Smoke Ball Co. (1893), a landmark decision on unilateral contracts. It examines the issues of offer, acceptance, consideration, and contractual intention arising from advertisements, highlighting how performance constitutes acceptance and how inconvenience or commercial benefit may amount to valid consideration in contract law.
DOCTRINE OF CONSIDERATION: EVOLUTION, MEANING, & EXCEPTIONS IN CONTRACT LAW
This article examines the doctrine of consideration in contract law by tracing its historical evolution, analysing its meaning and essential elements under the Indian Contract Act, 1872, and discussing its statutory exceptions. It compares Indian and English legal approaches while highlighting the role of consideration in determining contractual enforceability and legal obligations.
SPECIFIC RELIEF (AMENDMENT) ACT, 2018: A CRITICAL EVALUATION OF ITS LEGAL FRAMEWORK AND PRACTICAL ENFORCEMENT
This article critically evaluates the Specific Relief (Amendment) Act, 2018, and its impact on the legal framework governing contractual remedies in India. It examines the shift of specific performance from a discretionary remedy to a general rule, the introduction of substituted performance, timelines for disposal of suits, amendments relating to recovery of possession, infrastructure projects, […]
FROM PROPOSAL TO ENFORCEABILITY: THE JOURNEY OF A CONTRACT
This article traces the formation of a contract under the Indian Contract Act, 1872, through a real life illustration. It explains the progression from proposal and acceptance to promise, consideration, agreement, and enforceability, highlighting the legal requirements that transform consensual arrangements into legally binding and enforceable contracts.
BEYOND THE COLLEGIUM: A CRITICAL ANALYSIS OF THE NATIONAL JUDICIAL APPOINTMENTS COMMISSION
The mechanism by which India selects its constitutional judges has never been a settled question; it has instead been a running argument between three competing anxieties — executive capture, judicial insularity, and the absence of any democratically accountable check on either. The Constituent Assembly resolved this argument, provisionally, through Article 124, which vested the power […]
REMOTE WORK AND THE EXPANDING SCOPE OF THE POSH ACT: WORKPLACE SAFETY IN THE DIGITAL ERA
The COVID-19 pandemic accelerated a transformation in the Indian workplace that has proved lasting rather than temporary. Physical offices, face-to-face supervision, and clearly defined professional boundaries have given way, across large segments of the economy, to decentralised digital arrangements in which work is performed through virtual platforms rather than shared premises. The International Labour Organization […]