Ashwani employs textual and conceptual analysis of provision-specific exceptions to rebut Justice Harishankar’s arguments that the MRE forms a part of the main definition clause. He argues that the MRE is merely a permissive norm that cancels the legal force of the offence of rape but does not cancel the offence itself.
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The phenolphthalein test is prevailingly used by the ACB for investigating a ‘corrupt’ public servant. However, the self-incriminating nature of the test attracts the vice of unconstitutionality under article 20(3) of the Constitution. In this blog, the author has argued that the test is very coercive & arbitrary and stands violative of the touchstones enumerated under article 20(3) of the Constitution.
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