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“The survival of our democracy and the unity and integrity of the nation depend upon the realisation that constitutional morality is no less essential than constitutional legality. Dharma lives in the hearts of public men; when it dies there, no Constitution, no law, no amendment, can save it” “A democracy without discipline is a democracy…
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“The framers of the Constitution were so clear in the federalist papers and elsewhere that they felt an independent judiciary was critical to the success of the nation.” “If you take a position under the Constitution that is against the majority view, you have to explain it well enough that maybe you can persuade some…
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“The power of Parliament or for that matter, the State Legislatures is restricted in two ways. A law made by Parliament or the legislature can be struck down by courts on two grounds and two grounds alone, viz., (1) lack of legislative competence and (2) violation of any of the fundamental rights guaranteed in Part…
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“You have to fight every day to protect the rights and opportunities of women and minorities.” “Let me suggest that in any case in which a minority group feels severely aggrieved and desperate enough to turn to violence, society as a whole bears the blame.” “The freedom of speech…is one of the great bulwarks of…
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Explanation and Correct interpretation of the word Custody in Section 170 CrPC 1. Introduction Section 170 CrPC reads – Section 170 in The Code of Criminal Procedure, 1973 170. Cases to be sent to Magistrate when evidence is sufficient. (1) If, upon an investigation under this Chapter, it appears to the officer-in-charge of the police…
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“67. Human liberty is a precious constitutional value, which is undoubtedly subject to regulation by validly enacted legislation. As such, the citizen is subject to the edicts of criminal law and procedure. Section 482 recognises the inherent power of the High Court to make such orders as are necessary to give effect to the provisions…
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Bail is the rule and Jail is the exception. 1. Need for Supreme Court guidelines for grant of bail The Hon’ble Supreme Court noted that the Courts in India were receiving a continuous stream of cases seeking bail after filing of the Charge sheet / Final Report. It was happening primarily due to wrong interpretation…
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