Analysis

Law and Religion

To codify or not to codify

The Constitution empowers both the legislature and the judiciary to have regulating powers over the personal laws, to bring them up to speed with the times. While it is with great dexterity that such powers should be exercised, it is still a better option than wiping out their existence and imposing a Uniform Civil Code, which comes too close to violation of Article 25, for comfort.

July 26,2018

Democracy and Rule of Law

Right to protest strengthens democracy: SC

The bench of Justices AK Sikri and Ashok Bhushan stressed the importance of ‘direct participation in public affairs where individuals and groups are able to express dissent and grievances, expose the flaws in governance and demand accountability’, especially in the Indian context to aid ‘the assertion of the rights of the marginalised and poorly represented minorities’.

July 24,2018

International Law

Israel's 'Basic Law' explained

Israel on July 19, 2018 adopted its Basic Law on Nationality. A salient feature of this law is that it declares Israel as the home of the Jewish people and states that the right to self determination vests exclusively with the Jewish people. In practice what this would mean is that in the event of a one state solution, the one state will have a Jewish character.

July 21,2018

Transparency and Accountability

Amendment to RTI Act will kill transparency

The proposed amendment in the RTI Act, 2005 takes away the independence of Information Commissions that have been conferred with the adjudicatory power to decide the appeals and complaints arise out of violation of the RTI Act and denial of the information, whatever may be the case.

July 20,2018

Democracy and Rule of Law

Aseem Sawhney speaks to The Leaflet

His appointment as the State’s top law officer has been deemed controversial and has invited criticism from across political spectrum for ‘bearing social consequences on the already intimidated tribal population of the Kathua region’.

July 20,2018

Water Rights

CWDT dissolved: Key takeaways

The Supreme Court has authoritatively established that it is the final adjudicatory body for inter-state water disputes, putting an end to the uncertainty arising from Section 11 of the Act of 1956 when read with Art 262(2) of the Constitution of India.

July 20,2018

Freedom of Speech

SMCH: A full-scale surveillance state

The SMCH can reasonably be construed to be a surveillance mechanism encompassing the entire digital space, laying the groundwork for an information system where it only flows from a Statist source, with all dissenters silenced into fear of State sanction.

July 18,2018

Women's rights

Sabarimala: A curtain-raiser

The issue of denial of entry of women between the age group of 10 to 50 needs to be put to rest once and for all because it’s not just about the religious freedom of women but it’s about the broader topic of gender justice.

July 17,2018

What’s the Good News

From victim to survivor

The model scheme drafted by the National Legal Services Authority — with the aid of other committee members like Senior Advocate Indira Jaising and ASG Pinky Anand — is a milestone in the development of Victimology as well as Victim Compensation Jurisprudence, especially for women in India.

July 16,2018

Freedom of Speech

What about Shah Faesal’s freedom of speech?

The J&K bureaucrat’s resolve to not back down has initiated discourse regarding the Government gagging its employees via draconian laws, the importance of Fundamental Rights, and why Rules such as those in question need to be struck down as they deprive individuals of their civil liberties.

July 16,2018

Transparency and Accountability

[EXCLUSIVE] The Golden Question on CSC SPV

Why is a private company using the government domain name — gov.in — and bagging creamy contracts from Meity and other government departments without any tender, bidding, etc., without raising the Government’s hackles?

July 12,2018

Freedom of Speech

A David-versus-Goliath battle

Defamation suits can be filed at any of the 600-plus district courts across the country, furthering complainants’ objective to harass adversaries by forcing them to engage in long-drawn, financially draining legal battles.

July 9,2018

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