Another Tale of Legislative Overreach?  Part II – The RMLNLU Law Review Blog

Another Tale of Legislative Overreach? Part II – The RMLNLU Law Review Blog

By- Deborshi Sarkar & Rishab GuptaIn the first part of the article, the authors succinctly discussed the judgment of the Apex Court in Common Cause (A Registered Society)v. Union of India. Further, the authors introduced a discussion on whether the 2021 amendment is a mere declaration aimed at nullifying the effect of the judicial pronouncement in question. In the second part, the authors delve into analyzing the effects of the 2021 amendment with respect to the permissible legislative power of overruling. Further, before concluding the authors also discussed the need for fixity of tenure in probe agencies. The Central…
Another Tale of Legislative Overreach?  Part II – The RMLNLU Law Review Blog

Analysing the Appellate Mechanism from the Armed Forces Tribunal – The RMLNLU Law Review Blog

By: Andolan SarkarINTRODUCTION The genesis of the Armed Forces Tribunal was caused by the observations made by the Supreme Court (herein after ‘SC’) in Lt. Col. Prithi Pal Singh Bedi v. Union of India & Others, wherein the court noted that the punishments awarded to service persons by the Armed Forces were not proportionate and excessively harsh. The court suggested a review mechanism by the Armed Forces Tribunal. Consequently, the Armed Forces Tribunal Act was formulated in 2007. The Armed Forces Tribunal performed the function of a specialized tribunal catering to cases exclusively arising from the Armed Forces. The…