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Supreme Court Ruling on Promissory Estoppel and Legitimate Expectation: Legislative Authority and Executive Decisions

The Indian judiciary continues to shape the legal landscape through its interpretations and rulings. A recent Supreme Court judgment has clarified the interplay between prior executive decisions and legislative authority, especially in the context of promissory estoppel and legitimate expectation. This article delves into the details of this landmark ruling, its implications, and the underlying […]

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Article 361 of the Indian Constitution provides specific protections to the President and Governors of states. This article has become a point of contention, particularly regarding its scope and limitations in legal proceedings, including criminal investigations. Recent debates have brought this issue to the forefront, necessitating a detailed examination of Article 361, its interpretations, and its implications. Historical Context and Purpose of Article 361 Article 361 was conceived to ensure the smooth functioning of the highest constitutional offices in the country. It provides immunity to the President and Governors from legal action for acts done in the exercise of their powers and duties. The rationale behind this provision is to prevent frivolous litigation that could impede the functions of these high offices. Legal Provisions and Interpretations Text of Article 361 Article 361 reads: 1. The President or the Governor of a State shall not be answerable to any court for the exercise and performance of the powers and duties of his office or for any act done or purporting to be done by him in the exercise and performance of those powers and duties. 2. No criminal proceedings whatsoever shall be instituted or continued against the President, or the Governor of a State, in any court during his term of office. 3. No process for the arrest or imprisonment of the President, or the Governor of a State, shall issue from any court during his term of office. 4. No civil proceedings in which relief is claimed against the President, or the Governor of a State, shall be instituted during his term of office in any court in respect of any act done or purporting to be done by him in his personal capacity, whether before or after he entered upon his office, until the expiration of two months next after notice in writing has been delivered to the President or the Governor, as the case may be, or sent to him. Judicial Interpretations Over the years, the judiciary has interpreted Article 361 in various landmark cases. The Supreme Court of India has clarified that while the President and Governors enjoy immunity from criminal proceedings during their term, this does not extend to acts done outside the official capacity. Furthermore, post their tenure, they can be prosecuted for actions taken during their office. The Case of Governor Immunity in Criminal Investigations Recent Controversies A significant controversy arose when allegations of molestation were leveled against the Governor of West Bengal. This case has reignited the debate on whether Article 361 bars investigation against a sitting Governor for criminal offenses. Supreme Court's Stance The Supreme Court has sought the Attorney General's assistance to clarify the extent of immunity provided under Article 361. The court's primary concern is balancing the constitutional immunity of the Governor with the principles of accountability and justice. Implications for Governance and Accountability Immunity vs. Accountability The immunity provided to the President and Governors is crucial for maintaining the dignity and smooth functioning of these offices. However, absolute immunity could potentially lead to misuse of power. Thus, there is a need for a balanced approach that protects the sanctity of constitutional offices while ensuring accountability. Possible Reforms Legal experts and scholars have suggested reforms to clarify and possibly limit the scope of immunity under Article 361. This includes distinguishing between acts done in official capacity and those done personally, and establishing clear guidelines for post-tenure accountability. Conclusion Article 361 of the Indian Constitution plays a vital role in protecting the highest constitutional offices from undue legal hassles, ensuring they function without hindrance. However, the growing debates and judicial scrutiny underscore the need for a nuanced approach that upholds both immunity and accountability. The ongoing deliberations in the Supreme Court regarding the West Bengal Governor's case will likely set significant precedents for the interpretation of this constitutional provision.

The Scope of Article 361: Understanding Governor Immunity in Indian Constitutional Law

Article 361 of the Indian Constitution provides specific protections to the President and Governors of states. This article has become a point of contention, particularly regarding its scope and limitations in legal proceedings, including criminal investigations. Recent debates have brought this issue to the forefront, necessitating a detailed examination of Article 361, its interpretations, and

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Supreme Court Emphasizes Precise Pleadings in Specific Performance Suits Under Specific Relief Act

In a landmark decision, the Supreme Court of India has reiterated the necessity for precise and direct pleadings in suits seeking specific performance under the Specific Relief Act. This verdict underscores the judiciary’s commitment to maintaining clarity and specificity in legal pleadings to ensure justice is served effectively. Background of the Case The case in

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Supreme Court Rules: Police Confessions Inadmissible in Charge Sheet

In India, the legal stance on confessions made to police officers is well-defined and stringently regulated. The Supreme Court of India has consistently held that confessions made to police officers cannot be included in the charge sheet. This principle upholds the constitutional rights of individuals and ensures the integrity of the judicial process. The Constitutional

Supreme Court Rules: Police Confessions Inadmissible in Charge Sheet Read More »

Hindu Marriage Act | File Divorce Under Hindu Marriage Act if Spouse Ignores Conjugal Rights Decree for Over a Year | Supreme Court Judgement

Hindu Marriage Act | File Divorce Under Hindu Marriage Act if Spouse Ignores Conjugal Rights Decree for Over a Year | Supreme Court Judgement

Supreme Court Ruling: Grounds for Divorce Under Hindu Marriage Act** The Supreme Court has clarified that a divorce petition can be filed if there has been no restitution of conjugal rights between the married parties for over a year after the decree for restitution of conjugal rights is passed. Legal Grounds for Divorce: Section 13(1A)(ii)

Hindu Marriage Act | File Divorce Under Hindu Marriage Act if Spouse Ignores Conjugal Rights Decree for Over a Year | Supreme Court Judgement Read More »

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an appeal before LD.District judge against the impugned order of Domestic violence case

Advocate of Ayushman Legal Firm filed an appeal before LD. District judge against the impugned order of Domestic violence case as passed by Ld. Magistrate court and Ld. District court was pleased to stay all operations of that impugned order and finally that has been transferred another court for final disposal. Later on LD. Trial

an appeal before LD.District judge against the impugned order of Domestic violence case Read More »

LD. Magistrate court passed an order in favor of wife regarding maintenance petition of Domestic violence case

LD.Magistrate court passed order in favour of wife regarding maintenance petition of Domestic violence case thereafter being aggrieved the Husband appointment the Advocate of Ayushman Legal Firm for filling appeal before LD.District judge and after prolong hearing Ld.court allowed the appeal and pleased to stay all proceedings of Lower court

LD. Magistrate court passed an order in favor of wife regarding maintenance petition of Domestic violence case Read More »

In a case of Domestic violence wife filed a petition before LD.Magistrate court for Residential order

In a case of Domestic violence wife filed a petition before LD.Magistrate court for Residential order , Advocate of Ayushman Legal Firm appeared on behalf of Husband and after prolong hearing Ld.court pleased to reject the said petition of wife . Thereafter wife filed a criminal appeal before LD.District and Sessions court and Advocate of

In a case of Domestic violence wife filed a petition before LD.Magistrate court for Residential order Read More »

Indra Sawhney and Others vs. Union of India & Others

Details of the issue: The case highlighted a major issue. The Indian Constitution recognized social and educational backwardness, however, economic backwardness was missed. In the year 1993, Indira Sawhney filed a case against Narasimha Rao Government. The case was against the Government allowing just 10 % reservation for economically backward categories of upper castes in

Indra Sawhney and Others vs. Union of India & Others Read More »

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