Death Row Convicts
“Prisoners awaiting death sentence are not suffering imprisonment but are merely in safe custody to suffer sentence of death”
In view of the disparities in implementing the already existing laws, Supreme Court directed to frame the following guidelines for safeguarding the interest of the death row convicts.
1. Solitary Confinement:
Solitary or single cell confinement prior to rejection of the mercy petition by the President is unconstitutional. Almost all the prison Manuals of the States provide necessary rules governing the confinement of death convicts. The rules should not be interpreted to run counter to the above ruling and violate Article 21 of the Constitution. Continue reading “Prison conditions for death row convicts”
Termination of appointment of Pleaders without stating any reason:
In Maharashtra the relevant Rules governing the appointment and termination of Government pleaders is Rules 30 (5) and (6) of the which reads as under:
“30. Period of Appointment.
(5) A Law Officer shall be liable to be removed from his office at any time, if he is guilty of any act or conduct which, in the opinion of Government, in the Law and Judiciary Department, is incompatible with his duties as such Law Officer. The decision of Government in the Law and Judiciary Department in such cases shall be final.
Continue reading “Termination of retainer of Government Pleaders”
Nature of appeal u/s 27-A of Wealth Tax Act
Section 27-A of the Act, which provides a remedy of appeal to the High Court against the order of the Income Tax Appellate Tribunal, is modeled on existing Section 100 of the Code of Civil Procedure, 1908 (hereinafter referred to as “the Code”). Indeed, as would be clear, the language of Section 27-A of the Act and Section 100 of the Code is identical. Both the Sections are, therefore, in pari materia. It is a case where Section 100 of the Code is bodily lifted from the Code and incorporated in Section 27-A of the Act with minor additions and alterations. Continue reading “Appeal to High Court u/s 27-A of Wealth Tax Act”
Doctrine of colourable legislation
The doctrine of colourable legislation does not involve any question of bona fides or mala fides on the part of the legislature. The whole doctrine resolves itself into the question of competency of a particular legislature to enact a particular law. If the legislature is competent to pass a particular law, the motives which impelled it to act are really irrelevant. On the other hand, if the legislature lacks competency, the question of motive does not arise at all. Whether a statute is constitutional or not is thus always a question of power. Continue reading “What is a colourable legislation?”