LIJDLR

Indian Constitution

APPLICATION OF BASIC STRUCTURE DOCTRINE TO CONTEMPORARY ISSUES: A FOCUS ON JUDICIAL REVIEW

Volume II Issue III /

APPLICATION OF BASIC STRUCTURE DOCTRINE TO CONTEMPORARY ISSUES: A FOCUS ON JUDICIAL REVIEW Sathiyanathan S, Student at Symbiosis Law School, Noida Elamathy S, Student at School of Excellence in Law, TNDALU, Tamil Nadu Download Manuscript doi.org/10.70183/lijdlr.2024.v02.11 The Constitution of India, being the “mother law of the land,” is framed by the founding fathers with keeping in soul the parent patria concept to fetch the utmost good to its citizens (children). No other law of the land other than the constitution shall be supreme. Such a supreme power – our constitution adjusts itself and allows us to make alterations to run in parallel with our dynamic societal changes. Yet, some portions of the constitution should be touched to make any kind of alterations as it withholds the constitution as a basic pillar, as a balancing block, and so on to preserve the main purpose of the constitution. Such a static strong portion is called the name, “Basic structure of the Constitution.” The concept was evolved in the many yesteryears, and through theories by eminent jurists and various precedents, it came into the contemporary shape to be called the doctrine of basic structure or doctrine of constitutionally controlled governance. There are various characteristic traits which fit in the purse of basic structure. And one such significant and paramount basic structure is the judicial review. In this article, we will know about the basics of basic structure, its origin, elements, its application with the contemporary issues, precedents which withheld those, judicial review, its relevance with stability and in synchronization with the basic structure with the relevant constitutional amendments and the contemporary tug of battle between the enacting and the interpretation wings of the Government. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue III, Page 164-185. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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ANTI-DEFECTION LAW: A CRITICAL ANALYSIS OF THE ROLE OF SPEAKER UNDER INDIAN ADMINISTRATIVE LAW

Volume II Issue III /

ANTI-DEFECTION LAW: A CRITICAL ANALYSIS OF THE ROLE OF SPEAKER UNDER INDIAN ADMINISTRATIVE LAW Sabari veera V, Student at The Tamilnadu Dr Ambedkar law University School of Excellence in Law Tasneem Banu T, Student at The Tamilnadu Dr Ambedkar law University School of Excellence in Law Download Manuscript doi.org/10.70183/lijdlr.2024.v02.3 The Anti-Defection Law in India serves as an important constitutional provision to safeguard the stability of national politics by reducing defections. This paper explores the convergence of the Anti-Defection Law with Administrative Law, particularly focusing on the decision-making role of the Speaker in disqualification cases. The paper delves into the debate surrounding the scope of judicial review of the Speaker’s decisions, the legal validity of the law in light of the doctrine of separation of powers, and the application of principles of natural justice and fairness. Through an analysis of landmark cases, including Kihoto Hollohan vs Zachillhu and Ramesh Kumar v. State of Karnataka, the paper highlights the evolving nature of law in response to societal changes. Furthermore, it examines the significant responsibilities entrusted to the Speaker, whose role as a quasi-judicial authority raises questions about the impartiality of the decision-making process. The dual role of the Speaker as both a political leader and an adjudicator often leads to perceived impartiality, potentially undermining the trust in the legislative process. Additionally, the paper discusses the concerns posed by the Speaker’s dual role as a political leader and an adjudicator, which may lead to bias in decision-making. The recommendations of the Dinesh Goswami Committee and the 170th Law Commission Report, advocating for the involvement of the President or Governor in disqualification matters, are also examined as potential solutions to address these concerns. This paper argues for the necessity of maintaining a balance between the Speaker’s authority and the judiciary’s oversight to ensure the fairness of the political process and uphold the principles of good governance. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue III, Page 28-36. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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VERACITY OF LIVE IN RELATIONSHIP IN INDIA

Volume II Issue II /

VERACITY OF LIVE IN RELATIONSHIP IN INDIA Kamaljeet Kaur, Student at University Five Year Law College, University Of Rajasthan, Jaipur Download Manuscript ABSTRACT As the Article 21 of the Indian Constitution says “No person shall be deprived of his life or personal liberty except according to procedure established by law.”1  After the landmark judgement of Apex court in Navtej Singh Johar vs Union Of India  case  Article 21 also includes in its ambit the right to live with the partner of your choice.  Starting to Study  with the Historical Perspectives of marriages and live in relationships in India it can be concluded that despite of not having any specific legislations, the rulings of the Hon’ble Apex Court and The High[1] court stands as a milestone and ruling to protect and provide rights to live in relationship cohabiting couples. Furthermore the live in relationship is not only circumscribed in the definition of cohabitation of two hetero or homosexual persons being legally married but there can be many reasons for which this relationship starts. This can include examining compatibility, division of expenses, financial independence, checking the dispute resolution, emotional support   and many more according to the needs before formalizing this relationship into a legal marriage. Central to this paper is the legal and constitutional frameworks ranging from rights, precedents to legislations for resolving the disputes arousing with the passing time and increasing trend and protection of woman especially who are then neglected by society. The legislations include the Domestic Violence Act (2005), alimony, financial and property laws. Later on there comes speed breakers (challenges and concerns) that are need to be resolved. By drawing insights from worldwide and comparing the legislations of India with other countries like Brazil, France, USA, New York, Scandinavian countries valuable perspectives on alternative approaches to regulating and recognizing live-in relationships can be concluded. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 293-309. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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UNDERSTANDING THE INDIAN COLLEGIUM SYSTEM: A COMPREHENSIVE OVERVIEW

Volume 1 Issue IV /

UNDERSTANDING THE INDIAN COLLEGIUM SYSTEM: A COMPREHENSIVE OVERVIEW Mudit Naveen, Student at The ICFAI Law School, The ICFAI University, Jaipur Harshit Naveen, Student at The ICFAI Law School, The ICFAI University, Jaipur Download Manuscript ABSTRACT The entire approach followed for appointing and transferring of judges in the Supreme and High Court has been questioned for its transparency and answerability. It is crucial for a fair trial that the judges must be independent, competent, and impartial. Thus, the adopted process for the appointment of judges shall be free from all types of direct or indirect influences from either the judiciary or government. The Indian Constitution of 1860 empowers the president for the appointment of judges after consulting with the Chief Justice of India. This study is based on doctrinal research to examine the effectiveness of the adopted appointment process i.e., collegium system, and to analyze the merits and demerits of the said process. This study is done in three steps viz. collecting data from different sources such as SCC Online, and Manupatra, analyzing the data, and finally report writing. This study traces the history of the collegium system and the long hassle between the judiciary and executive. It is argued that the collegium system has originated and evolved through various landmark judgments, namely first, second, third, and fourth judge’s cases. Because of the pitfalls in the collegium system the executive, through the ninety-ninth amendment introduced the National Judicial Appointment Commission Act of 2014 to replace it. However, it was declared unconstitutional in the fourth judge’s case. It is argued that the collegium system separates the judiciary from the executive safeguarding its decency and autonomy intact which also prevents further politization and biased judgments, but it may be subjected to nepotism and favoritism and lacks transparency and accountability, proving that there is a strict need to reform it. Furthermore, this paper analyzes the application of RTI, considering the collegium system in India. This study concludes with suggestions that make the collegium system more transparent and accountable. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume I, Issue IV, Page 525-537. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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