Ending Life Should Be Fundamental Right or Not?

In today’s world of loneliness and competition, debates about the fundamental right to end one’s own life are often taken up. It has been a topic of hot debate whether a person is abided by law to end his/her own life under certain circumstances. In this article, we will talk about laws related to suicide in India and other countries. Concept of Fundamental right to death The concept of a fundamental right to die in India is taken from the right to life and personal liberty stated in article 21 of the constitution. Article 21 includes other rights such as the right to live with human dignity, right to livelihood, right to shelter, right to privacy, right to food, right to education, right to get pollution-free air and water. “No person shall be deprived of his life or personal liberty except according to the procedure established by law” The fundamental […]

The 3 Judges Case | SP Gupta vs Union of India

SP Gupta vs Union of India is the first case related to the collegium system in India adopted for the appointment and transfer of Supreme court and High court judges. In the case SP Gupta vs Union of India, Judiciary decided in favor of the Government rather than the Chief justice of India, in matters involving the appointment of judges in the high court and supreme court. Seven judges’ bench was constituted in SP Gupta vs Union of India case and the decision of the court was pronounced by P.N Bhagwati.Bench: A Gupta, D Desai, E Venkataramiah, P Bhagawati, R Pathak, S M Ali, V Tulzapurka Various written petitions were filed in the high court challenging the circular letter issued by the law minister of the Government of India. All the petitions were transferred to the supreme court under article 139 of the constitution. Iqbal Chagla and others filed a […]

Shocking Case Study of Indira Gandhi v/s Raj Narain Case

Indira Gandhi vs Shri Raj Narain is one of the most controversial cases of the late 20th century which led to an emergency. The emergency was proclaimed on 25 June 1975 and lasted till 1977. It is considered the black period of Indian democracy that lasted for 21 months. Indira Gandhi became prime minister by a huge majority of 352 in Lok sabha. In the 1971 general election, she gave the slogan of Garibi hatao. She was also awarded the highest civilian award Bharat Ratna in India after India’s war against Pakistan. Agitation against Indira Gandhi started building in people due to poverty which was at its peak after the India-Pakistan war of 1971. The allegations of corrupt practice in winning elections were also raised by opposition mainly by Raj Narain. The government of India passed the 24th amendment act in 1971, by which attempts to make parliament more powerful […]

Is DNA Evidence 100% Reliable in Court for Conviction?

There are many real-life cases like the Narborough Double murder case that assure us that the DNA evidence used in the court of law for the purpose of justice. Many movies and TV shows also corroborate the use of DNA evidence, fingerprints, hair samples, bite marks, etc., in convicting a criminal. Though it is true that if Forensic evidence is handled and tested by experts, they are reliable. However, in many cases, the mishandling of evidence by the police or the experts has convicted innocents many times because, however trustworthy science may sound, minimum error chances are always present there. The failures of Forensic science are present from the lowest level to the highest levels of criminal justice. FBI had confessed in 2015 that there had been the use of faulty hair analysis in the trials, and many innocents have been convicted guilty based on those wrong tests. FBI added that out of total […]

Causes For Increase in Crime Rate in India in 21st Century

Crime is any act that has an effect on society as a whole causing disturbance and panic in the society. Different factors play a role for individuals to commit offenses. Appropriate laws have been made by the governments and the criminal justice system of different countries. Even though these are shameful acts and are punishable, different countries have observed an increase in the crime rate in the past few years. Governments have been trying hard by amending the laws to punish offenders, yet every single day observes a surge from the previous day. Here, in this article, we will discuss the possible reasons for such offenses in India in the 21st century which could be due to political influence, lack of education, self-interest, religious violence, terrorism, etc. Possible causes for increase in crime rate in India Some of the common offenses committed in India include Crimes against Women, kids, homicide, religious […]

Rustom Cavasjee Cooper vs Union of India | Bank Nationalisation Case 1970

This case was filed by Rustom Cavasjee Cooper, in this case, the decision of Indira Gandhi’s government to nationalize 14 Major commercial banks of India was challenged. This was an attempt to socialize India on the model of the Soviet Union. Rustom Cavasjee Cooper was an advocate of a free-market economy, he was a charted accountant and he also served as president of the Indian Institute of Charter accountant. He also held the post of vice president at the influential Free Enterprise Forum. He was a critic of India’s socialist model adopted by Indira led congress. Acting President of India, Justice M. Hidyatullah, issued an Ordinance just two days before the monsoon session of the Parliament was going to start. The name of the Ordinance was ‘Banking Companies (Acquisition and Transfer of Property) Ordinance of 1969’. By this ordinance undertakings of 14 commercial banks were transferred to corresponding banks, having […]

K.M. Nanavati vs State of Maharashtra 1961 | Brief of Landmark Judgement

K.M. Nanavati vs the state of Maharashtra is a murder case in which Indian naval officer Kawas Manekshaw Nanavati murdered the paramour of her wife. Bollywood film Rustom of Akshay Kumar is based on this case and Akshay played the role of Nanavati in the movie. Sylvia, the wife of Nanavati, and Nanavati both moved to Bombay. They both met Ahujas at a party through their common friend Agnis in 1956. As the friendship developed, Prem Ahuja and Sylvia developed a sexual relationship. On 27 April 1969 Sylvia confessed to Nanavati about her relationship with Ahuja. Enraged at the conduct of Ahuja, Nanavati went to his ship and from the stores of the ship, he brought with him a semi-automatic revolver and six cartridges on a false pretext. Then he drove his car to Ahuja’s office, and not finding him there, he went to his flat, he went to his […]