Posts

IMPEACHMENT OF JUDGE

Image
The Indian Constitution enshrines the doctrine of  separation of powers   and emphasizes the independence of the judiciary. However, to preserve the   sanctity of the judicial institution   and maintain public confidence, even judges of the   Supreme Court   are not above scrutiny and accountability. The   procedure for the impeachment of a Supreme Court judge   is laid down under   Article 124(4)   of the Constitution. Constitutional Provision: Article 124(4) “A Judge of the Supreme Court shall not be removed from his office except by an order of the President passed after an address by each House of Parliament supported by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting has been presented to the President in the same session for such removal on the ground of proved misbehaviour or incapacity.” This provision ensures that the ...

SIGNS OF DEATH

Image
  Introduction The intersection of  law and science  has created dynamic avenues for understanding life and death. One of the most critical domains in this intersection is  forensic science , which plays a crucial role in the  legal determination of death . While psychology concerns itself with the study of the living, forensic science lends its expertise to deciphering the mysteries of the dead. The legal system relies heavily on  forensic evidence  to determine not only the fact of death but also the  time, cause, and manner  of it. In this context,  thanatology —the scientific study of death—emerges as a key discipline. The legal relevance of accurately identifying the  signs of death  cannot be overstated. Whether the deceased is in an  organic  (biologically intact) or  inorganic  (partially decomposed or altered) state, the law must leave  no scope for ambiguity . This article discusses...

CITIZENSHIP AMENDMENT BILL 2019: BRINGING LEGALITY TO THE SHADOWS

Image
Introduction Across the globe, nations are striving to regulate their populations and prioritize the well-being of their citizens. As part of this effort, many countries have been tightening border controls, increasing deportations, and strictly regulating the status of illegal immigrants. In India, the  Citizenship (Amendment) Act, 2019 (CAA)  represents a significant legislative move by the Central Government to address the status of certain undocumented immigrants based on religious identity. The Act, passed amidst significant political and public discourse, aims to offer  citizenship to persecuted minorities  from neighbouring Islamic republics. However, its  constitutional validity, implications for national resources, demographic impact, and social consequences  have ignited widespread debate, both in the legal and civil spheres. Background and Legislative Intent The  Central Government  contends that the  constitutions of Pakist...

AYODHYA DISPUTE: INCHOATION TO CESSATION

Image
AN OVERVIEW OF THE AYODHYA DISPUTE The Ayodhya dispute has been one of the most complex and long-standing legal, religious, and socio-political conflicts in India. It centers around a 1,500-square-yard parcel of land in the town of Ayodhya, Uttar Pradesh, which is claimed by both Hindus and Muslims as a site of deep religious significance. Historical Background In  1528 , a mosque—commonly referred to as the  Babri Masjid —was constructed by Mir Baqi, a general of Mughal Emperor Babur. It is alleged that this mosque was built after demolishing a pre-existing temple marking the birthplace ( Janmasthan ) of Lord Ram, a revered deity in Hinduism. Between  1850 and 1885 , communal riots broke out between Hindus and Muslims over the site, marking the beginning of legal and religious discord. Legal Genesis of the Dispute In  January 1885 , Mahant Raghubar Das filed the first civil suit before the Sub-Judge of Faizabad, seeking permission to construct a temple on the...

REGULATING PARTICULATE MATTER (PM) AIR POLLUTION: LEGAL MEASURES AND CONTROLS

Image
Introduction India’s pollution crisis, particularly in the Indo-Gangetic plain, is among the most severe in the world. Nearly 40% of the country’s population resides in seven states and union territories—Bihar, Chandigarh, Delhi, Haryana, Punjab, Uttar Pradesh, and West Bengal. This region, characterized by a population density nearly three times higher than the rest of India, is plagued by pollution originating from vehicular emissions, agricultural practices, and residential activities. According to the World Health Organization (WHO), reducing particulate matter pollution (PM) can significantly improve health outcomes. In fact, bringing PM levels down to WHO guidelines could increase the national average life expectancy in India by 4.3 years. Particulate Matter: The Most Lethal Air Pollutant Among various forms of air pollution, particulate matter is globally recognized as the most deadly. The Air Quality Life Index (AQLI) demonstrates that the impact of PM on life expectancy...