We, the People

Nani A. Palkhivala’s name is a byword in India’s legal world. A man of many and varied parts, he has crossed with ease the law’s narrow confines and has gone beyond into numerous other fields. Palkhivala discusses many subjects – education and democracy; economic growth and social justice; socialism and taxation; crucial constitutional issues and memorable judgements; personalities and the law; nuclear proliferation and apartheid; and his experiences as the Ambassador of India to the U.S.A.

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How the term “reasonableness’ can be read where the legislation itself is silent about the restricted time period for moving no confidence motion?

Whether any restriction is to be read into Section 56 of the Gujarat Panchayat Act, 1993, for moving no confidence motion against the elected Sarpanch, after election.

Habeas Corpus petition sustainable against a remand order?

If the remand is absolutely illegal or the remand is afflicted with the vice of lack of jurisdiction, a Habeas Corpus petition would indeed lie. Equally, if an order of remand is passed in an absolutely mechanical manner, the person affected can seek the remedy of Habeas Corpus. Barring such situations, a Habeas Corpus petition will not lie.

Can High Court entertain a writ petition, notwithstanding the existence of Arbitration Clause in the contract?

The High Court may entertain a writ petition, notwithstanding the availability of an alternative remedy.

Who is third Gender and why legal recognition of this Gender is important?

Discrimination on the basis of sexual orientation or gender identity includes any discrimination, exclusion, restriction or preference, which has the effect of nullifying or transposing equality by the law or the equal protection of laws guaranteed under our Constitution

Whether Fundamental Rights can be amended or not?

Fundamental Rights are the primordial rights necessary for the development of human personality. They are the rights which enable a man to chalk out his own life in the manner he likes best. Our Constitution, in addition to the well-known fundamental rights, also included the rights of the minorities, untouchables and other backward communities, in such rights.

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