Introduction “Legis” means law and “latum” means making. Legislation means lawmaking. It also refers to the law made by the legislature. It may also be defined as the promulgation of legal rules by an authority which has the power to do so. It is the formal declaration of the legal rules by the legislative organ of the body… Read More »
In an accompanying questionnaire, the Commission has asked whether the existing personal laws and customary practices need codification. Amid a raging debate on uniform civil code, the law panel has sought public views on the subject to revise and reform family laws, saying the aim is to address social injustice rather than plurality of laws. http://lawcommissionofindia.nic.in In an appeal… Read More »
Delegated Legislation | Overview Delegated Legislation Reasons for Delegated Legislation The danger of Delegated Legislation Keeton has summarized the dangers under two heads Safeguard against Delegated Legislation Delegated Legislation Delegated legislation is a kind of subordinate legislation. Generally, the ‘delegated legislation’ means the law made by the executive under the powers delegated to it by the Supreme legislative… Read More »
Comparison between Legislation and Precedent In precedent, rules and principles are laid down by inductive method. In legislation, the deductive method is resorted to. The courts take the rules from the statute and apply it to particular cases. Legislation has abrogative power also. It not only created law but it can abrogate an existing law, existing in whatever… Read More »
Doctrine of Proportionality The doctrines of proportionality was developed in the 19th century in Europe and originated in Prussia. It is a principle where courts would examine priorities and processes of the administration for reaching or recalling a decision. Proportionality means that the administrative action should not be more drastic than it ought to be for obtaining the… Read More »
The term Public Interest Litigation simply means litigation in the interest of public. This term was first used by Prof. Abram Chayes in 1976. It is also known as Social Action Litigation (SAL). The term PIL comes from US jurisdiction where it was designed to provide legal representation to previously unrepresented groups & interests. Such groups and interests… Read More »
Prof. Dr. H.M. Mittal is a Professor at Amity Law School, Gurgaon and has retired as a Principal from Department of Law, University of Rajasthan. He is an academician par excellence with a vast and rich experience of 28 years in the field of teaching and research. He is a keen researcher with almost three decades of experience… Read More »
Introduction Law Reform has been a continuing process particularly during the last 300 years or more in Indian history. In the ancient period, when religious and customary law occupied the field, reform process had been ad hoc and not institutionalised through duly constituted law reform agencies. However, since the third decade of the nineteenth century, Law Commissions were… Read More »
LIST OF REPORTS FORWARDED (1955-2015) The Law Commission has been anxious to ensure that the widest section of people are consulted in formulating proposals for law reforms. In this process, partnerships are established with professional bodies and academic institutions. Seminars and workshops are organised in different parts of the country to elicit critical opinion on proposed strategies for… Read More »
SUMMONS AND WARRANTS The general processes to compel appearance are: (1) Summons (Section 61) (2) Warrants (Section 70) SUMMONS A summon is issued either for appearance or for producing a document or thing which may be issued to an accused person or witness. Every summons issued by the Court shall be in writing, in duplicate, signed by the… Read More »
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