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Another area of tort that developed in India which differs from the UK is the notion of constitutional torts. Creating constitutional torts is a public law remedy for violations of rights, generally by agents of the state, and is implicitly premised on the strict liability principle. [ 63 ]
He went on to state that the majoritarian concept does not apply to Constitutional rights, and the courts are often called upon to take what may be categorized as a non-majoritarian view, in the check and balance of power envisaged under the Constitution of India. [6]
In India, as in the majority of common law jurisdictions, the standard of proof in tort cases is the balance of probabilities as opposed to the reasonable doubt standard used in criminal cases or the preponderance of the evidence standard used in American tort litigation, although the latter is extremely similar in practice to the balance of ...
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The court referred to the various provisions in the Constitution of India and reminded that its Preamble promised to secure to all citizens of India "Justice, social, economic and political" and "Liberty of thought, expression, belief, faith, and worship". It further provided "Equality of status and of opportunity" and assured individual dignity.
As per the constitution, as held by the court in the Three Judges Cases – (1982, 1993, 1998), a judge is appointed to the Supreme Court by the president on the recommendation of the collegium — a closed group of the Chief Justice of India, the four most senior judges of the court and the senior-most judge hailing from the high court of a ...
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By adding Articles 15(6) and 16(6) to the Indian Constitution, the state acquired the authority to impose specific restrictions on reservations for economically weaker sections, with a maximum of 10%. The Superem court compiled all the writ under the case Janhit Abhiyan Vs Union of India.