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09 Nov 2024

Posted by: Oshin Pandey (Oct 2024)

SUPREME COURT: GOVERNMENT CAN’T TAKE OVER ALL PRIVATE PROPERTY FOR ‘PUBLIC GOOD’

The 9-judge bench of the Supreme Court in the case of Property Owners Association & Ors vs State of Maharashtra & Ors. gave a landmark judgement on the scope of Article 39 (b) of the Constitution. The Supreme Court examined whether privately owned assets are included in the definition of "material resources of the community" in Article 39(b) and held by an 8:1 ratio that the state cannot redistribute privately owned property for the community. Background of the case The....

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06 Nov 2024

Posted by: Oshin Pandey (Oct 2024)

PM Modi on Secular Civil Code: UCC vs SCC

Prime Minister Modi’s recent endorsement of a Secular Civil Code (SCC) has reignited conversations about modernizing India’s legal system. His call for an SCC, referenced in his Independence Day speech, reflects a new approach compared to the long-discussed Uniform Civil Code (UCC). Both the SCC and UCC aim for unified laws, but they approach India’s cultural diversity differently. Here’s a look at these two concepts and their potential impact on India’s future.   The Uniform Civil Code (UCC): One Law....

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05 Nov 2024

Posted by: Oshin Pandey (Oct 2024)

Aadhaar Card No Longer Proof of Age: Supreme Court

The Supreme Court of India recently issued a landmark ruling clarifying that Aadhaar cards, although widely used for identification, cannot serve as proof of age or date of birth. In the case of N. Hemabindu vs. Union of India, the Court held that a School Leaving Certificate (SLC) is a more reliable document for verifying age. This judgement reinforces Aadhaar's purpose as identification proof rather than age verification. Let’s delve into the background, details, and broader implications of this ruling.....

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30 Oct 2024

Posted by: Oshin Pandey (Oct 2024)

India's Chief Justice Leaves a Legacy: The Supreme Court's New 'War Room'

The Supreme Court's War Room is a landmark achievement and a parting gift from Chief Justice DY Chandrachud. This cutting-edge, tech-driven nerve center was designed to increase the operational efficiency and transparency of India's highest court. With only few working days remaining until the Chief Justice’s retirement on November 10, his visionary project is already transforming court management, monitoring case progress from filing to final judgment, and incorporating technology on an unprecedented scale.  What is the War Room? Located within....

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30 Oct 2024

Posted by: Oshin Pandey (Oct 2024)

Civil Law Vs Common Law: Key Differences and Implications

Understanding Civil Law and Common Law: Key Differences and Implications The legal systems that govern societies around the world can be broadly categorized into two main types: civil law and common law. While both systems aim to uphold justice and maintain order, they differ significantly in their sources, structures, and applications. In this blog post, we will explore the fundamental characteristics of civil law and common law, highlighting their key differences and implications for legal practice. What is Civil Law?....

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30 Oct 2024

Posted by: Oshin Pandey (Oct 2024)

From Different Backgrounds to the Same Goal: An IAS Officer's Daughter and His Driver's Daughter Become Judges

Introduction Success stories of grit and determination are the true spirit of inspiration, reminding us that hard work and passion can conquer socio-economic barriers. Recently, in Haryana, a tale of two young girls from two different backgrounds emerged as judiciary exam passers and judges. Being the daughter of a Chief Administrator at the Haryana State Agricultural Marketing Board, Paras secured 12th rank in Haryana judiciary examination; meanwhile, Samiksha, the daughter of the driver Hoshiar Singh, stood second in SC-Scheduled Caste.....

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28 Oct 2024

Posted by: Oshin Pandey (Oct 2024)

Supreme Court stays NCPCR recommendation to shut madrasas not complying with RTE Act

According to Article 30 of the Constitution, minorities have the right to set up and manage their own educational institutions. In a recent ruling, the Supreme Court intervened to halt the National Commission for Protection of Child Rights (NCPCR) from shutting down government-aided madrasas that do not comply with the Right to Education (RTE) Act. Court's Ruling On Monday, a three-judge bench led by Chief Justice D.Y. Chandrachud decided that the NCPCR’s communications, issued on June 7 and June 25,....

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26 Oct 2024

Posted by: Oshin Pandey (Oct 2024)

Chief Justice of India (CJI) DY Chandrachud proposes Justice Sanjiv Khanna as his successor

India’s top court is about to see a big change, with Chief Justice D.Y. Chandrachud recommending Justice Sanjiv Khanna as his successor. With Chief Justice Chandrachud retiring on November 10, Justice Khanna is set to take over as the 51st Chief Justice of India. The process of choosing a new Chief Justice follows a set procedure. The government asks the outgoing Chief Justice for a recommendation, which starts the appointment process. Following the tradition of seniority in such appointments, Justice....

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22 Oct 2024

Posted by: Oshin Pandey (Oct 2024)

Supreme Court's Decision on Child Marriage: Key Takeaways

Supreme Court's Decision on Child Marriage: Key Takeaways On October 18, 2024, the Supreme Court of India made an important ruling regarding child marriage, choosing not to extend the Prohibition of Child Marriage Act (PCMA) to include all religions. This decision came after the Union government requested clarification that the PCMA should take precedence over personal laws governing marriage.   What is the Prohibition of Child Marriage Act,2006? The PCMA was enacted 18 years ago to fight the ongoing issue....

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21 Oct 2024

Posted by: Oshin Pandey (Oct 2024)

Justice Will No Longer Be 'Blind': Supreme Court Embraces New Symbolism

The Supreme Court of India has unveiled a redesigned version of the iconic 'Lady Justice' statue, signaling a transformative step in the judicial outlook of the country. Traditionally it is associated with impartiality as reflected through its depiction of having a blindfolded woman holding scales and a sword,however, the new statue now reflects modern values by featuring open eyes and holding the Constitution of India. This change, led by Chief Justice of India (CJI) D.Y. Chandrachud, underscores the judiciary's evolving....

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