Nani Palkhivala
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Nani Palkhivala
Nanabhoy "Nani" Ardeshir Palkhivala (16 January 1920 – 11 December 2002) was an Indian lawyer and jurist. Being lead counsel in cases such as Kesavananda Bharati v. The State of Kerala, I.C. Golaknath and Ors. v. State of Punjab and Anrs., Minerva Mills v. Union of India garnered him international recognition and cemented his reputation as one of India’s most eminent advocates. Between 1977 and 1979, Palkhivala also served as India's Ambassador to the United States. Early years Nani Palkhivala was born in 1920 in Bombay in what was then the Bombay Presidency. His family name is derived from the profession of his forefathers (a common practice among Parsis), who were manufacturers of palanquins ("palkhis"). He was educated at Masters Tutorial High School, and later at St. Xavier's College, both in Bombay. He was reported to have had a stammer. At college, he earned his master's degree in English literature. After graduating, Palkhivala applied for the position of a ...
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Barrister
A barrister is a type of lawyer in common law jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include taking cases in superior courts and tribunals, drafting legal pleadings, researching law and giving expert legal opinions. Barristers are distinguished from both solicitors and chartered legal executives, who have more direct access to clients, and may do transactional legal work. It is mainly barristers who are appointed as judges, and they are rarely hired by clients directly. In some legal systems, including those of Scotland, South Africa, Scandinavia, Pakistan, India, Bangladesh, and the British Crown dependencies of Jersey, Guernsey and the Isle of Man, the word ''barrister'' is also regarded as an honorific title. In a few jurisdictions, barristers are usually forbidden from "conducting" litigation, and can only act on the instructions of a solicitor, and increasingly - chartered legal executives, who perform tasks such ...
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Indian Emergency
The Emergency in India was a 21-month period from 1975 to 1977 when Prime Minister Indira Gandhi had a state of emergency declared across the country. Officially issued by President Fakhruddin Ali Ahmed under Article 352 of the Constitution because of prevailing "internal disturbance", the Emergency was in effect from 25 June 1975 to its withdrawal on 21 March 1977. The order bestowed upon the Prime Minister the authority to rule by decree, allowing elections to be cancelled and civil liberties to be suspended. For much of the Emergency, most of Gandhi's political opponents were imprisoned and the press was censored. Several other human rights violations were reported from the time, including a mass campaign for vasectomy spearheaded by her son Sanjay Gandhi. The Emergency is one of the most controversial periods of Indian history since its independence. The final decision to impose an emergency was proposed by Indira Gandhi, agreed upon by the President of India, and ratified ...
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Basic Structure
The basic structure doctrine is a common law legal doctrine that the constitution of a sovereign state has certain characteristics that cannot be erased by its legislature. The doctrine is recognised in India, Bangladesh, Malaysia, Pakistan, and Uganda. It was developed by the Supreme Court of India in a series of constitutional law cases in the 1960s and 1970s that culminated in '' Kesavananda Bharati v. State of Kerala'', where the doctrine was formally adopted. Bangladesh is perhaps the only legal system in the world which recognizes this doctrine with an expressed, written and rigid constitutional manner through article 7B of its Constitution. In ''Kesavananda'', Justice Hans Raj Khanna propounded that the Constitution of India has certain ''basic features'' that cannot be altered or destroyed through amendments by the Parliament of India. Key among these "basic features", as expounded by Justice Khanna, are the fundamental rights guaranteed to individuals by the constitution. ...
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Joseph Story
Joseph Story (September 18, 1779 – September 10, 1845) was an associate justice of the Supreme Court of the United States, serving from 1812 to 1845. He is most remembered for his opinions in ''Martin v. Hunter's Lessee'' and ''United States v. The Amistad'', and especially for his ''Commentaries on the Constitution of the United States'', first published in 1833. Dominating the field in the 19th century, this work is a cornerstone of early American jurisprudence. It is the second comprehensive treatise on the provisions of the U.S. Constitution and remains a critical source of historical information about the forming of the American republic and the early struggles to define its law. Story opposed Jacksonian democracy, saying it was "oppression" of property rights by republican governments when popular majorities began in the 1830s to restrict and erode the property rights of the minority of rich men. R. Kent Newmyer presents Story as a "Statesman of the Old Republic" who tri ...
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Thomas Jefferson
Thomas Jefferson (April 13, 1743 – July 4, 1826) was an American statesman, diplomat, lawyer, architect, philosopher, and Founding Fathers of the United States, Founding Father who served as the third president of the United States from 1801 to 1809. He was previously the nation's second vice president of the United States, vice president under John Adams and the first United States Secretary of State, United States secretary of state under George Washington. The principal author of the United States Declaration of Independence, Declaration of Independence, Jefferson was a proponent of democracy, republicanism, and individual rights, motivating Thirteen Colonies, American colonists to break from the Kingdom of Great Britain and form a new nation. He produced formative documents and decisions at state, national, and international levels. During the American Revolution, Jefferson represented Virginia in the Continental Congress that adopted the Declaration of Independence. As ...
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Minority Rights
Minority rights are the normal individual rights as applied to members of racial, ethnic, class, religious, linguistic or gender and sexual minorities, and also the collective rights accorded to any minority group. Civil-rights movements often seek to ensure that individual rights are not denied on the basis of membership in a minority group. Such civil-rights advocates include the global women's-rights and global LGBT-rights movements, and various racial-minority rights movements around the world (such as the Civil Rights Movement in the United States). Issues of minority rights may intersect with debates over historical redress or over positive discrimination. History Prior to the Paris Peace Conference (1919–1920), the term "minority" primarily referred to political parties in national legislatures, not ethnic, national, linguistic or religious groups. The Paris Conference has been attributed with coining the concept of minority rights and bringing prominence to it. ...
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Constitution Of India
The Constitution of India (IAST: ) is the supreme law of India. The document lays down the framework that demarcates fundamental political code, structure, procedures, powers, and duties of government institutions and sets out fundamental rights, directive principles, and the duties of citizens. It is the longest written national constitution in the world. It imparts constitutional supremacy (not parliamentary supremacy, since it was created by a constituent assembly rather than Parliament) and was adopted by its people with a declaration in its preamble. Parliament cannot override the constitution. It was adopted by the Constituent Assembly of India on 26 November 1949 and became effective on 26 January 1950. The constitution replaced the Government of India Act 1935 as the country's fundamental governing document, and the Dominion of India became the Republic of India. To ensure constitutional autochthony, its framers repealed prior acts of the British parliament in A ...
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Supreme Court Of India
The Supreme Court of India ( IAST: ) is the supreme judicial authority of India and is the highest court of the Republic of India under the constitution. It is the most senior constitutional court, has the final decision in all legal matters except for personal laws and interstate river disputes, and also has the power of judicial review. The Chief Justice of India is the Head and Chief Judge of the Supreme Court, which consists of a maximum of 34 judges, and has extensive powers in the form of original, appellate and advisory jurisdictions. New judges here are uniquely nominated by existing judges and other branches of government have neglible say as the court follows collegium system for appointments. As the apex and most powerful constitutional court in India, it takes up appeals primarily against verdicts of the High Courts of various states of the Union and other courts and tribunals. It is required to safeguard the fundamental rights of citizens and settles dispute ...
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Bombay High Court
The High Court of Bombay is the high court of the states of Maharashtra and Goa in India, and the union territory of Dadra and Nagar Haveli and Daman and Diu. It is seated primarily at Mumbai (formerly known as Bombay), and is one of the oldest high courts in India. The High Court has regional branches at Nagpur and Aurangabad in Maharashtra and Panaji, the capital of Goa. The first Chief Justice, the Attorney General and Solicitor General of Independent India were from this court. Since India's Independence, 22 judges from this court have been elevated to the Supreme Court and 8 have been appointed to the office of Chief Justice of India. The court has Original Jurisdiction in addition to its Appellate. Judgements issued by this court can be appealed ''only'' to the Supreme Court of India. The Bombay High Court has a sanctioned strength of 94 judges (71 permanent, 23 additional). The building is part of The Victorian and Art Deco Ensemble of Mumbai, which was added to t ...
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State Of Bombay
Bombay State was a large Indian state created at the time of India's Independence, with other regions being added to it in the succeeding years. Bombay Presidency (roughly equating to the present-day Indian state of Maharashtra, excluding South Maharashtra and Vidarbha) was merged with the princely states of Baroda, Western India and Gujarat (the present-day Indian state of Gujarat) and the Deccan States (which included parts of the present-day Indian states of Maharashtra and Karnataka). On 1 November 1956, Bombay State was re-organized under the States Reorganisation Act on linguistic lines, absorbing various territories including the Saurashtra and Kutch States, which ceased to exist. On 1 May 1960, Bombay State was dissolved and split on linguistic lines into the two states of Gujarat, with Gujarati speaking population and Maharashtra, with Marathi speaking population. History During the British Raj, portions of the western coast of India under direct British r ...
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