Politics

Criminal Justice System

Special law to protect minority rights

The criminal justice system in India vis-a-vis the minority rights, especially of the Muslims, Christian and the ethnic communities in the Northeast, is in virtual collapse. Members of these communities are being implicated in false cases, tortured and ill-treated. So what can be done? Here's a check-list.

January 28,2019

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

Republic Day 2019

Thoughts on Republic Day: Safeguard the rule of law

The erosion of the rule of law, fundamental freedoms and divisive politics are more immediate threats as it has taken away the real meaning of our living constitution. In the life of the Indian Republic, the State Executive has, unfortunately, never seen itself as the protector of fundamental rights and freedoms enshrined in the Constitution.

January 26,2019

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

Appointment of M Nageswara Rao as interim Director CBI challenged in SC

CJI Ranjan Gogoi has recuses himself from hearing a PIL challenging the appointment of M Nageswara Rao as interim director of CBI. The PIL will now be listed before a bench presided over by Justice A K Sikri.

January 21,2019

The Long Read

Supreme Court on senior designation

The Committee for Designation of Senior Advocates of the Supreme Court has been constituted pursuant to the judgement dated October 12, 2017 of the Supreme Court in Indira Jaising v. Secretary General Supreme Court. This judgement introduced the objective system for assessing the Advocates based on 100 Point Index with an emphasis on domain expertise and pro bono work.

January 19,2019

Judiciary

Collegium - Prey to Judges

The Collegium has recommended names of Chief Justice of Karnataka, Justice Dinesh Maheshwari and Chief Justice of Delhi, Justice Sanjiv Khanna for elevation to the Supreme Court who are junior to Justices Rajendra Menon and Pradeep Nandrajog. There are no parameters available in public domain indicating as to how this elevation of judges to the Apex Court is assessed by the Collegium. The entire process is whimsical, random and highly arbitrary.

January 18,2019

Environment & Labour Rights

Government continues negligence and apathy

A country which has the fourth largest reserves in the world, mining industry which contributes 2.5% to the GDP, it is disheartening to see that this incident not just brings out the disregard for Human Rights and Labour Rights but is also a proof of the severe apathy on part of both the Central Government and the State Government

January 18,2019

Analysis

Why was Alok Verma not heard by HPC?

The task before the selection committee was to examine the suitability of Alok Verma to continue as the CBI Director. And, one critical ingredient that just had to form part of its decision was the say of the CBI Director himself. It was impermissible in law for the selection committee to dispense with the say of the CBI Director, in the familiar facts of this case.

January 15,2019

Law and Religion

Sabarimala: One of the constitutionally strongest verdicts of our times

Anyone who had the slightest of doubts regarding the findings of Justice Chandrachud about the form of untouchability at Sabarimala, the notions of purity and pollution, must be clear of all such doubts after the ‘purification ceremony’ by the Thantri, that reiterates the deep gender bias, the form of untouchability at Sabarimala.  

January 14,2019

Politics

Reservation for upper castes a political gimmick

There is little doubt that the quota gamble will backfire as the OBCs and Dalits are turning against Modi and BJP. It is an irony that while the government is offering reservation to upper castes, it has not taken a decision on quotas in promotion. Modi is desperate to win over the upper caste people by offering quota, but has he cleared the backlog for reservation? What about the vacancies at the Centre?

January 11,2019

Environment & Labour Rights

Trapped in a rat-hole

Because the powers that be usually turn a blind eye to illegal mining, for the safety enforcement authorities such mines do not exist. There is no question of enforcing any safety standards in them. For instance, on the official website of the Director General of Mining Safety there is not a single reference to rat-hole mining or the Meghalaya tragedy. Such indifference is a greater tragedy that could pave the way for many more Meghalaya-like tragedies.

January 11,2019

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