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Showing posts from September, 2021

Justice is the first promise of the Constitution

                                           The Campa Cola Society residents lost the legal battle. The worst affected are the residents, whereas the major contributory for the de-back of the residents are the builders and officials of BMC. Though the aggrieved residents have the remedy to claim compensation and damages from the builders under law. But the question is, is this the solution and answer to this issue .  I am in the legal profession for the last more than 27 years. I have seen the litigation both civil and criminal owing at the title disputes. The civil disputes took at some point of time ugly turn in the shape of criminal act. The major part of the litigation revolves around these disputes of title, possession etc., be it before the civil, criminal, common or revenue court in our century. I think, there is a solution to this problem. The State may formulate a policy of providing certification of the status of property. For e.g. I want to purchase a property, I shall submit

LOCUS STANDI: LEGAL AND CONSTITUTIONAL CONTOURS

                                                                                                                          Bhawna* “ If I was asked to name any particular Article in this Constitution as the most important – an article without which this Constitution would be a nullity- I could not refer to any other Article except this one (Article 32)……………… It is the very soul of the Constitution and the very heart of it ,” Dr. B.R. Ambedkar The above stated lines are true and well said by Dr. B.R. Ambedkar. Article 32 deals with the remedies for enforcement of rights conferred by Part III. It is indeed the heart and soul of the Indian Constitution. This article is the remedy for all the long list of fundamental rights contained in the Part III of the Constitution. It is said that if there is no remedy, there is no right at all. It is obvious that to make the rights enforced, an effective remedy is to be there, so that one can seek for justice when either of the rights gets viola