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Difference between Judicial Review, Judicial overreach and Judicial Activism

Our Indian Judiciary is no longer a silent spectator. At times, when the Legislatures and the Executives fail to perform their duties, it's the Judiciary which takes action in the form of judicial review. Sometimes too much of a good thing can be bad and democracy is also no exception. Therefore, Judicial activism is a concept that originated in the USA in 1947 and has been witnessed in India since the Emergency days. This article discusses the difference between Judicial review, judicial activism and judicial overreach, their meanings, criticisms, examples and many more. So, let’s get started.

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Sedition law: What is section 124A IPC?

Kanhaiya Kumar, Aseem Trivedi, Binayak Sen, Arundhati Roy, and Owaisi are well-known for high-profile sedition charges imposed on them. Although Thomas Macaulay, who originally drafted the Indian Penal Code in 1837, included the law on sedition (Sec. 113 of the draft code), it was not inserted in the final draft of the code enacted in 1860; this omission was considered accidental. Later, in 1890, sedition was included under section 124A IPC through Special Act XVII. But, obviously, it was subjected to massive misuse.

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Trade Secret: How it can be protected?

Whenever I study IPR, I wonder what elements keep a trading business running for a long time. One of the most important factors is Trade secrets. Trade secrets are the lifeblood of various companies. With the increasing economy and competition in the market, the significance of trade secrets has also increased. Now the question arises: What can be considered a trade secret and how are they protected? We will also look into some famous cases and examples of Trade Secrets. Let’s find out more about it in the article below.

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Difference between Murder and Culpable Homicide

In a law school, when semester exams are around the corner, and the questions on culpable homicide and murder stare back at law students like a challenging puzzle. And wonders what sets these two apart.

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Two Finger Test: Why it is banned in India?

What do you think can be the biggest reason that most rape victims hesitate to report rape cases? One of the biggest reasons is the two-finger test. The two-finger test refers to an invasive physical examination of a woman’s vagina to check the laxity of vaginal muscles and whether the hymen is broken or not. This is a test in which the doctor puts two fingers into the woman’s vagina, and the ease with which the doctor penetrates his fingers to locate the intact hymen.

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CLAT PG 2023 Paper Analysis, Answer key

Expect the unexpected. This is how one can sum up the 2023 PG CLAT exam in the best possible manner. In one of the first, the Consortium of National Law Universities conducted the CLAT exam twice in the same year. The paper was conducted on 18th December 2022. The exam consists of 120 questions which one has to solve within the time limit of 120 minutes.

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Uniform Civil Code in India

The Law Commission of India recently reignited the “Uniform Civil Code” discussion. It has actively sought the opinions and suggestions of many religious organizations & the public regarding the Uniform Civil Code (UCC). This step came after a relatively short gap of five years when the Commission previously concluded that the UCC was not necessary or desirable.

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Overview of SARFAESI Act, 2002

The finance industry is one of the important players in India's efforts to accelerate its economic development. The legal structure governing business transactions lagged behind changes in the financial industry and in business behaviour. It increased the number of nonperforming assets held by banks and other financial institutions and reduced the recovery rate of defaulted loans.

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Strict Liability and Absolute Liability

Every person has certain legal rights, and it is the duty of other persons to respect them. Fault-based liability means the defendant violates the plaintiff’s rights. In No-Fault liability, the defendant is held liable to pay compensation even though he was not at fault. No fault liability is categorised into two parts: 1. Strict liability and 2. Absolute Liability. In this article, we will discuss strict and absolute liability in detail.

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Polygraph test: Meaning and Legality

Lie detector tests (also known as “Polygraph tests”), narcoanalysis & brain- mapping are some of the present-day revolutionary tools of forensic science that are usually proved very fruitful during police investigations. On the one hand, these methods are considered inhumane and degrading investigation tactics; on the other hand, they are also considered useful for serious or vicious crime investigations. In fact, you won’t believe but sometimes a person, while applying for a job, also undergoes a lie detector or polygraph test (say, govt. jobs with the FBI or CIA).

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Judicial Review in India

We all have heard phrases like the rule of law and separation of powers and often get confused. The rule of law means that no one is above the law, and the law is equally applicable to both the government and the citizens. To understand the separation of powers, first, you need to know that there are three organs of the law, i.e., legislative, executive and judiciary. Each organ is endowed with a certain amount of authority, which is equally distributed among them so that no one may interfere with the work of another while also maintaining a check and balance between them. Let us now understand what judicial review is, its provisions and the landmark cases.

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Top 10 bollywood movies based on real-life crimes

Do you agree with us or not? Movies based on real-life crimes are always an interesting watch. After all, Bollywood is not just about dance and drama, it has also produced cult crime films such as Haider, Satya, Gangs of Wasseypur, Madras Cafe, etc. So, why not take a ride on such spine-chilling murder mysteries that are inspired by real-life unsolved cases with intriguing origin stories of criminal masterminds? So let’s get started.

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What is the criteria to become a National Party in India?

As India has a multi-party system, it is much easy to become a political party, than to become a national party as many crucial conditions need to be fulfilled which are tough to achieve. Because of this, there are various political parties out there with humorous names, symbols or bizarre policies like Jagte Raho Party, Life Peaceful Party, Putra Paksha and whatnot. Therefore, not every political party is capable of being recognised as a national party.

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Work getting in the way of pursuing an LL.M.? Not anymore!

Whether you pursue a 5-year Integrated Course or a 3-year LL.B., when you’re looking to kickstart or advance your career in the corporate or practice as an Advocate, an LL.M. is something that comes in handy. However, pursuing one while working is very difficult as there’s too much to manage between work, practice and study. So what do you do?

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Traffic Rules in India: Know it All

"Red 🔴: Stop!

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Jury trial in India: What is the Nanavati case?

For those who haven't seen movies like 'Rustom' or any drama based on the 1959 trial of Naval Commander K. N Nanavati, who shot & murdered his wife's lover, you must read this! The case is usually taught in every law school. But for those unaware of this gripping tale, here's what you must know about the story that unfolded within those hallowed halls, forever altering the course of jury trials in India.

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Law of Pre-emption

When it comes to property, especially joint property with multiple co-owners, pre-emption is a controversial issue. When combined with the prefix "pre," the Latin verb "emptum," meaning "buy or purchase," inevitably leads to the English phrase "first option to buy." In this article, we are going to learn about Pre-emption. It includes Pre-emption under Muslim and Hindu Law, its constitutional validity, and its associated rights.

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What happens if a Cheque Bounces in India?

Most of us today have shifted to online payment modes such as UPI for making any transaction, as it is safer than carrying a lot of cash. But as the UPI transactions are restricted to a certain amount, one more method for making heavy payments is writing a cheque. So, imagine if our cheque bounces, then it can be so expensive & awkward for us.

Legal

Difference between Judicial Review, Judicial overreach and Judicial Activism

Sedition law: What is section 124A IPC?

Trade Secret: How it can be protected?

Difference between Murder and Culpable Homicide

Two Finger Test: Why it is banned in India?

CLAT PG 2023 Paper Analysis, Answer key

Uniform Civil Code in India

Overview of SARFAESI Act, 2002

Strict Liability and Absolute Liability

Polygraph test: Meaning and Legality

Judicial Review in India

Top 10 bollywood movies based on real-life crimes

What is the criteria to become a National Party in India?

Work getting in the way of pursuing an LL.M.? Not anymore!

Traffic Rules in India: Know it All

Jury trial in India: What is the Nanavati case?

Law of Pre-emption

What happens if a Cheque Bounces in India?

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