Case Analysis

EVOLUTION AND EXPANSION OF THE BASIC STRUCTURE DOCTRINE POST-KESHAVANANDA BHARATI CASE

The Basic Structure Doctrine safeguards the fundamental and core principles enshrined in the Constitution. It preserves the constitutional identity and ensures that the provisions of the Constitution are not amended arbitrarily by any party. The basic structure stands as the cornerstone of Indian Constitutional jurisprudence and prevents the erosion of the foundational principles.

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ROE V. WADE, 410 U.S. 113 (1973)

Only in situations where the procedure was required to save the mother’s life was abortion legal in Texas. Norma McCorvey, a resident of Dallas, attempted to get an illegal abortion after claiming she had been raped when she learned she was expecting her third child. After neither of these attempts worked, she turned to Linda Coffee and Sarah Weddington, who submitted a claim on McCorvey’s behalf under the alias Jane Roe.

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NEW DIMENSION OVER ARTICLE 21 (AFTER MANEKA GANDHI CASE)

According to Article 21 of Indian constitution, which states that, “ No person shall be deprived of his life or personal liberty except according to procedure established by law.”  The right guaranteed in Art. 21 is available to ‘citizens’ as well as ‘non-citizens’. The Maneka Gandhi v. UOI, is a landmark judgement in regarding to Art .21 for enlarging the scope of term “life or personal liberty” . Prior to 1978, the scope of life or personal liberty is narrower in sense. Supreme Court has interpreted widely to the term ‘life or personal liberty’ in Maneka Gandhi v. UOI case.

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CRITICAL ANALYSIS ON GUIDELINES FOR ARREST – ARNESH KUMAR V STATE OF BIHAR

The petitioner, Arnesh Kumar was the husband of the Sweta Kiran, respondent No. 2. They got married on 1st July 2007. The wife alleges that her mother-in-law and father-in-law demanded dowry of Rupees eight lacs, a maruti car, an air-conditioner, television set and other items.

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ASSOCIATION OF DEAD PEOPLE AND ORS. V. STATE OF UTTAR PRADESH AND ORS.

During the 1990s, in the Eastern part of Uttar Pradesh, peasant farmer’s land could be taken away easily. This could be done by a hired killer who could be bought just for 10 dollars or by bribing land records officials in the Land Registry Office who would declare the person dead on paper and transfer land to the person who bribed the official.

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