Constitutional Law

Law and Religion

#Sabarimala: Dissent from the dissent

The powerful and praiseworthy dissents of judges like HR Khanna, M Hidayatullah have always spoken in the favour of protecting the sanctity of Part III of the Constitution while the dissent of Justice Indu Malhotra puts restrictions on the bounds of Article 14 of the Constitution. The non-application of Article 14 in religious matters would go against the very basic principles of the Constitution.

October 22,2018

Law and Religion

Victory or defeat for Muslims?

Since the challenge in Ismail Faruqui was based upon the argument, inter alia, that a mosque cannot be acquired and the observations made by the Constitution Bench were in the context of acquisition only and are not to be read broadly, nor will have any effect whatsoever upon the present appeals against the 2010 High Court verdict, the apprehensions of the Muslim side, upon whom reference of Ismail Faruqui to a larger bench was sought, stands addressed to a large extent.

October 6,2018

Democracy and Rule of Law

#BhimaKoregaonVerdict: Under a shadow

The stark difference between the majority judgment authored by Justice AM Khanwilkar and signed on by the then CJI Dipak Misra and the one written by Justice D Y Chandrachud outline how starkly divergent Supreme Court’s understanding of a complex political and legal issue that is the Bhima Koregaon arrests and the subsequent case hearing can be. While Justice Chandrachud’s judgment is a fine example of constitutional morality, the same simply be not said of the other.

Judiciary

A liberal court

The September judgments of the Supreme Court of India under the judicial stewardship of the 45th Chief Justice Dipak Misra have made the popular media to say that the Supreme Court has emerged as a ‘liberal court’. The tag isn’t incorrect.

October 3,2018

Lead Opinion

That bitter-sweet feeling: CJI Misra’s mixed legacy

CJI Dipak Misra is perhaps the first Chief Justice of India in recorded history who has had to face a proposed motion for removal under Article 124 of the Constitution of India. That said, his legacy is a bag of highs and lows, with many failures on the administrative side that led to allegations of Executive interference into the Judiciary, while being a judge whose sensitivity towards gender justice remains unparalleled in the history of the Supreme Court.

October 2,2018

Democracy and Rule of Law

Need for a law on ‘lynching’

Mob lynching in India in many cases has received the sanction of the State, just like how the U.S. Senate kept silent while thousands of African Americans were lynched over many decades. To recognise the deep-seated abhorrence in the society, and calling it what it is, that is “lynching”, sends a very powerful message that criminal acts of hatred are not tolerated in an equitable society.

October 1,2018

Constitutional Law

Whither ‘right against moral paternalism’?

The right to privacy squarely includes an individual’s right to make a moral choice, whether it is with regards to marriage, food, attire, ideology or religion, inter alia. While there is not much judicial discourse on this essential right against moral paternalism, the Kerala High Court recently passed a remarkable judgment recognising an individual’s right against moral paternalism.

October 1,2018

Law and Technology

#AadhaarVerdict: Right to Privacy restricted

The September 26 judgment violates the court’s own landmark ruling on citizen’s constitutional right to privacy by failing to address why biometric data is required at all for benefits and services received from government. It also fails to take account of the fact that its own orders were violated by both government and private companies during the pendency of the hearings and that passing of Aadhaar Act as a Money Bill was simply unconstitutional, as echoed in Justice Chandrachud’s strong dissent.

September 28,2018

Law and Technology

#AadhaarVerdict: Which judge said what

The is a table detailing the provisions and of the Aadhaar Act that were challenged and the grounds argued for their unconstitutionality by the Petitioners; the responses of the respondents, along with the decision on each of the provisions by the three separate opinions.

September 27,2018

Law and Technology

Aadhaar verdict: A predictable letdown

In the majority judgment passed by the five judge bench of the Supreme Court in the Aadhaar matter (referred to as “the Aadhaar judgment”) yesterday — September 26, 2018, the Supreme Court by a 4:1 majority has held that the Aadhaar project does not tend to create a surveillance state and further declared the Aadhaar Act, save and except some provisions, to be constitutionally valid.

September 27,2018

Law and Technology

The Aadhaar verdict: Not good enough

Time will tell how Justice Chandrachud’s judgment will be regarded given that the constitutionality of the Aadhaar scheme and the Act of 2016 has been upheld by Justices Sikri, Khanwilkar, Bhushan, and the CJI Dipak Mishra. The only silver lining in this aspect is that the court declared that Money Bills, under which the Aadhaar Act was passed, are open to judicial scrutiny.

September 27,2018

Law and Religion

Babri conundrum: Ismail Faruqui verdict

On July 20, 2018, after nine hearings of vociferous and heated arguments stretching from March 14, 2018, the Supreme Court of India, the repository of the best amongst the intelligentsia, reserved its verdict on the issue as to whether the 1994 verdict of theirs in Dr. M. Ismail Faruqui Vs. Union of India [(1994) 6 SCC 360] needs a reconsideration or not. It is yet to be seen whether the Supreme Court, represented by the select intelligentsia of the country are convinced enough to walk the path of secularism in a way that ensures equal treatment to all.

September 27,2018

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