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Bail for Long Custody and Trial Delay: Article 21, Section 436-A and Special Statutes
When does long custody or a delayed trial justify bail? A guide to the right to a speedy trial under Article 21, Section 436-A CrPC, how the NDPS Act, UAPA and PMLA bail bars yield to prolonged incarceration, the factors...
Article 21: Right to Life and Personal Liberty, Speedy Trial, Privacy, Health and Dignity
What does Article 21 protect today? A guide to the right to a speedy trial, dignity in custody, privacy, travel abroad and passports, health, food and environment, and livelihood and family dignity, with the limits court...
Writ Petition Under Article 226: Alternative Remedy, Maintainability and the Limits of Judicial Review
When will a High Court entertain a writ petition under Article 226? A guide to the alternative-remedy rule and its exceptions, election bars, territorial jurisdiction, suppression of facts, PILs, quo warranto and mandamu...
Fair Trial: Framing of Charge, Defence Rights, Investigator Bias and Prejudice
What does a fair criminal trial require? A guide to framing of charge and discharge, the accused's right to test and lead evidence, the informant who investigates, when irregularities vitiate a trial, and transfer and fu...
Natural Justice: Notice, Hearing, the Rule Against Bias and Reasoned Orders
What does natural justice require of courts, tribunals and authorities? A guide to proper notice, a real hearing including cross-examination and representation, the rule against bias, reasoned orders and when a breach is...
Section 67 of the NDPS Act: Statements, Confessions and the Tofan Singh Rule
Can a statement recorded under Section 67 of the NDPS Act be used as a confession? A guide to the "police officer" question under Section 25 of the Evidence Act, the Tofan Singh ruling, and how courts now treat such stat...
Government Recruitment Disputes: Eligibility, Answer Keys, Reservation and Merit Migration
How do courts decide government recruitment disputes? A guide to the eligibility cut-off date, strict reading of qualifications, answer keys, OMR sheets and normalisation, paper leaks, reservation and merit migration, me...
Public Interest Litigation and Urban Development: The Need for an Indian Jurisprudential Approach
PIL has relaxed locus standi and expanded Article 21, but urban-development PILs need an Indian approach: mixed residential-commercial use is part of Indian life, honest plot buyers are not encroachers, and courts should...