Author: Adv.Tarun Choudhury

Introduction The accuracy and integrity of India’s electoral rolls lie at the very heart of its democratic process. To safeguard this integrity, the Election Commission of India (ECI) periodically undertakes Special Intensive Revision (SIR) drives—a door-to-door, time-bound verification of voters aimed at purging inaccuracies and ensuring universal inclusion. While SIR is legally backed by constitutional and statutory mandates, its implementation across various states has triggered administrative challenges, political controversies, and judicial scrutiny. This article examines the legal foundation, methodology, and ground realities of SIR, providing a statewise overview of its execution and the emerging constitutional questions it raises. Legal Foundation…

Overview The appellate jurisdiction of the Supreme Court, rooted in Articles 132–134A of the Constitution, enables the Court to hear appeals from High Court judgments, decrees, or orders in constitutional, civil, and criminal matters. Complementing this statutory jurisdiction, Article 136 confers an extraordinary, discretionary power on the Court to grant Special Leave to Appeal (SLP) from virtually any decision of any court or tribunal. Articles 132–134A: Statutory Appellate Routes Article 132 — Constitutional Questions Appeals under Article 132 lie where a substantial question of law as to the interpretation of the Constitution is involved. The provision ensures uniformity in constitutional…

By Adv. Tarun Choudhury — Criminal & Matrimonial Law Specialist, Delhi High Court | 📞 +91-9650499965 Facing a False FIR or 498A Case in Delhi? If you or your family have been falsely implicated in a criminal case or a Section 498A complaint, you can seek relief from the Delhi High Court to quash the FIR. This guide explains the process, timeline, costs, documentation, and practical tips to increase your chance of success. Quashing an FIR in Delhi High Court A practical, court-ready guide to petitioning for quashing under Section 482 CrPC (or Section 528 BNSS) — procedure, grounds, documents,…

By Adv. Tarun Choudhury — Property & Real Estate Law Specialist, Greater Noida / NCR | 📞 +91-9891244487 Planning to buy a resale flat burdened with a seller’s home loan? Many flats in Greater Noida are sold while the seller still has an outstanding bank loan. If you move ahead without proper safeguards, you risk paying off the loan yet losing title or facing delays in registration. This guide walks you through proven legal structures — Escrow-backed agreements, tripartite contracts, power of attorney clauses, indemnity mechanisms — so you can complete a flat purchase with confidence and minimal risk. A…

Introduction The Copyright Act, 1957 serves as the cornerstone of intellectual property protection in India, safeguarding the creative expressions of authors, artists, and innovators. In the domain of literary works—which include books, poems, articles, databases, and computer programs—copyright protection is granted only when a work bears the imprint of an author’s originality and intellectual effort. However, it is crucial to understand that not every written or recorded composition qualifies for copyright registration. Certain literary materials, though apparently creative in form, fall outside the protective umbrella of copyright. This deliberate exclusion ensures that the law upholds a delicate equilibrium between private…

Introduction Maintenance under Hindu law is a statutory and moral obligation that ensures dependents are not left destitute. This article explains the legal framework, who may claim maintenance, how courts calculate quantum, and practical remedies available under the Hindu Marriage Act, 1955 (HMA), the Hindu Adoptions and Maintenance Act, 1956 (HAMA), and Section 125 of the Code of Criminal Procedure (CrPC). Update (2024): With effect from 1 July 2024, the Code of Criminal Procedure, 1973 has been repealed and replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). The classic Section 125 CrPC remedy for maintenance is now substantially carried…

The Supreme Court of India stands as the ultimate guardian of the Constitution and the keystone of India’s federal structure. Among its many powers, the Court’s original jurisdiction under Article 131 holds special importance, for it allows the apex court to act as a neutral arbiter in disputes that threaten the delicate balance between the Union and the States. This jurisdiction ensures that when the central and state governments clash over constitutional powers or rights, such conflicts are settled within the bounds of law and constitutional principles, not through political confrontation. Constitutional Basis of Original Jurisdiction Article 131 of the…

Introduction The Constitution of the United States establishes three distinct branches of government — the Legislative, Executive, and Judicial — ensuring a balance of power through a system of checks and balances. Article II defines the Executive Branch, centering authority in the office of the President. It sets forth the structure, powers, responsibilities, and limitations of the Presidency, forming the foundation of executive authority in the American constitutional system. Over the centuries, courts and scholars have debated its scope, especially as presidential power has expanded in both domestic and international spheres. Text and Structure of Article II Article II comprises…

Overview of the Supreme Court of India The Supreme Court of India stands as the apex judicial authority and the guardian of the Constitution. Established under Article 124 of the Constitution of India, it serves as the final court of appeal, the interpreter of constitutional provisions, and the protector of fundamental rights. The Court is located in New Delhi and comprises the Chief Justice of India (CJI) and up to thirty-three other judges, appointed by the President of India. Functioning as the custodian of justice, the Supreme Court ensures the uniform interpretation of laws across the nation. Its role extends…

Overview of the United States Constitution The United States Constitution, adopted in 1787 and coming into effect in 1789, serves as the supreme law of the nation. It provides the framework for the federal government, outlining the powers, responsibilities, and limitations of each of its three branches — the Legislative, Executive, and Judicial.The Constitution was designed to establish a system of checks and balances, ensuring that no single branch could dominate or abuse power. It also clearly divides authority between the federal government and the states, maintaining a delicate balance within the American federal system.At its core, the Constitution embodies…