Constitutional Law

Law and Religion

Sabarimala forces us to recognise unacknowledged violence against women

We see a form of untouchability being practised against the woman in excluding her from the household itself. Senior Advocate Indira Jaising has accurately pointed out to how this extends beyond just “exclusion” and to a complete social boycott. The purification rituals that were conducted inside the temple after the first two women entered is reflective of the deeply entrenched notion of untouchability.

February 7,2019

Democracy and Rule of Law

Kolkata face-off shows how Government of India has demonetised the CRPF

The procedure mandates that the local administrative authorities requisition Central Police Forces through the prescribed channels. What was the emergency that prompted the Centre to abandon the prescribed procedure? Argument that CRPF was not deployed in aid to Civil Authority but to protect an office complex does not hold good. The deployment of CRPF in Kolkata was patently unconstitutional.

February 6,2019

Case update

#CBIvsKolkataPolice: Nothing substantial in application to show that evidence being destroyed, remarks CJI

CJI Gogoi remarked that he had read the application filed by the CBI, but could not find anything substantial to show that the evidence are being destroyed. However, CJI asked SG Mehta to place the evidence on record to substantiate that West Bengal authorities are tampering with evidences. At the same time, CJI Gogoi also made it clear that even if Police Commissioner Kolkata is remotely thinking to destroy the evidence, court will come down so heavily on him that he would regret. The application filed by the CBI would be listed tomorrow at 10:30 AM, said CJI Gogoi.

February 4,2019

Right to Information

Computers intercepted, transparency interrupted: MHA's CPIO refuses information

Under The Right to Information Act, 2005 (RTI Act), the MHA has refused to disclose the reasons and materials such as file notings which formed the basis for issuing this order. Even more shocking is the MHA's refusal to treat as a valid query. the request for reasons for not complying with the duty of proactive disclosure of all relevant facts and reasons that underpin the order.

February 3,2019

History and law

Partition and minority rights

If we move beyond the first glance and conduct a closer examination of Constituent Assembly debates, it’s amply clear that the Partition indeed was the running sub-text of the drafting process. In fact, the Constituent Assembly took notice of the unfortunate manner in which the Partition was unfolded, and certain members also referred to the uncountable deaths caused by the partition, a holocaust of massive proportions. The rights of the minorities guaranteed by the Constitution are quintessential examples of the fundamental rights which were deeply influenced by the Partition.

Analysis

Sedition and State Sanction

Delhi Police, firstly, filed the charge-sheet with such serious allegations after almost three years from the date of incident, and secondly, since one of the charges alleged against Kanhaiya Kumar and others is of sedition which falls under Chapter VI of the IPC, the police is bound in law to obtain sanction from the appropriate Government, in this case from the Government of Delhi, which they have not.

January 29,2019

Republic Day 2019

The twin trailblazers of Sabarimala: Bindu Ammini and Kanaka Durga speak to The Leaflet

Did Bindu Ammini and Kanakadurga, the two women who took that bold first step and turned it into a giant leap for Indian women across the board, ever realise the colossal sociopolitical impact of their historic journey to Sabarimala temple? On behalf of The Leaflet, Senior Advocate Indira Jaising and young lawyer Nehmat Kaur, undertook a journey to meet in person the two brilliant and feisty women, for whom the former knocked the doors of the Supreme Court seeking State protection.

January 26,2019

Republic Day 2019

Open letter to P Chidambaram: Include promise to repeal sedition law, Section 124-A, IPC in 2019 manifesto

We would like to reiterate the request that the Congress Party consider the inclusion of repeal of Section 124A in its 2019 election manifesto. I hope that State Governments in Rajasthan, Madhya Pradesh, Chhattisgarh, Punjab, Puducherry and Karnataka will also be urged to take immediate steps for its repeal through State Amendments in order to send a salutary signal to the present Union Government and the BJP ruled states that harassing citizens for exercising their democratic right to question the government and its agencies goes against the idea of India.

January 26,2019

Case update

Supreme Court seeks reply from Centre on petitions challenging 10% quota to EWS

The challenge in these petitions is mainly based on the ground that economic criteria cannot be the sole basis for reservations under the Constitution. To buttress this argument, petitioners have relied upon the Constitution bench judgment in Indira Sawhney Vs. Union of India.  In addition, petitioners have asserted that 50 percent ceiling limit for reservation which has been laid down in M Nagaraj v. Union of India & Ors., cannot be violated as the same has been culminated as a part of the basic structure of the Constitution i.e. equality, in the present case.

January 25,2019

Case update

Supreme Court refuses to stay operation of SC/ST Amendment Act, 2018 

A three-judge bench of the Supreme Court comprising Justices A K Sikri, Abdul Nazeer and M R Shah today, January 24, 2019, refused to stay the operation of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2018 which had reversed the effect of the Supreme Court’s judgment dated March 20, 2018 diluting the stringent provisions of the SC/ST Act, 1989 such as no anticipatory bails and preliminary enquiries in the cases of atrocities reported under the SC/ST Act, 1989.

January 24,2019

The Long Read

Re-employment of persons holding constitutional positions

The answer to the haunting question of whether those in constitutional positions should accept plum post retirement postings is one that has a long-standing effect on the here and now of the decisions of those who occupy those positions. To incentivize the work of those in constitutional positions by a promise of brighter career prospects post retirement is dangerous as it could impact the impartiality of their decisions and compromise the functioning of India’s democracy.

January 22,2019

Case update

Ajay Kumar Bassi files petition in SC

A K Bassi, DSP CBI and former Investigation Officer (IO) in the FIR against Rakesh Asthana has filed a petition in the Supreme Court challenging his transfer to Port Blair, Andaman and Nicobar Islands adding that the impugned order intends to victimize him and that this is the first step to implicate him in false criminal cases/departmental proceedings.

January 21,2019

1 2 3 7
Scroll Up