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Government of NCT of Delhi versus Union of India & Another [C. A. No. 2357 of 2017] is a civil appeal heard before the Supreme Court of India by a five-judge constitution bench of the court. The case was filed as an appeal to an August 2016 verdict of the Delhi High Court that ruled that the lieutenant governor of Delhi exercised "complete ...
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 ]
Three Judges Cases: 1981 S.P. Gupta v. Union of India [37] Established the Collegium system of the Indian Judicial System. 1993 Supreme Court Advocates-on-Record Association v. Union of India [38] Struck down the 99th Amendment of the Constitution of India and the proposal of the National Judicial Appointments Commission. 1998 In re Special ...
In recognizing the right, the Constitution does not become the sole repository of the right. It would be preposterous to suggest that a democratic Constitution without a Bill of Rights would leave individuals governed by the State without either the existence of the right to live or the means of enforcement of the right.
The Supreme Court, by thin majority of 6:5, held that a constitutional amendment under Article 368 of the Constitution was an ordinary 'law' within the meaning of Article 13(3) of the Constitution. The majority did not believe there was any difference between ordinary legislative power of the parliament and the inherent constituent power of ...
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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 ...
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 ...