Shishir Tripathi

POLITICS

OPINION | The perennial debate over the role of a governor

Supreme Court’s recent verdict which removed timelines for a governor to clear Bills passed by state assemblies showcased the controversial role of the office from the very beginning

TRENDS

OPINION | Supreme Court clarifies roles of Governor and President in dealing with Bills but doesn't resolve the matter entirely

The Supreme Court held it cannot impose timelines on Governors or the President for Bill assent but may issue a limited mandamus against prolonged inaction, balancing separation of powers with ensuring constitutional functioning

TRENDS

OPINION | Evaluating the 130th Amendment Bill: Legal perspectives

Researchers from Charkha prepared a detailed report analysing the Constitution (130th Amendment) Bill, assessing its legal validity, alignment with constitutional principles, and offering recommendations to prevent misuse

POLITICS

OPINION | As SIR of electoral rolls enters second phase, Opposition and legal challenges intensify 

Opposition parties, led by the DMK, have challenged the Election Commission’s Special Intensive Revision of electoral rolls, alleging constitutional overreach, flawed procedures, and potential voter disenfranchisement, with the Supreme Court set to examine its legality

TRENDS

OPINION | Supreme Court’s Karur Judgement: Questions of jurisdiction, neutrality and federal trust

Two aspects of the interim order have triggered debate. One, the decision to transfer the case to CBI when jurisprudence has set a high bar to do so. Two, the decision to appoint two IPS officers to the supervisory committee who may be of Tamil Nadu cadre but not natives of the state 

TRENDS

OPINION | Justice Surya Kant’s tenure begins amid reform imperatives

Justice Surya Kant, brings decades of distinguished service, marked by landmark rulings on free speech, privacy, and human rights, and faces crucial judicial reform challenges ahead. He takes oath as the next CJI on November 24 

TRENDS

OPINION | What is the real issue ‘My Lords’?

Despite explicit court orders, Bar Council resolutions, and even petitions seeking to ban such colonial honorifics, their persistence raises a deeper question: is this merely a colonial relic that refuses to fade, or an institutional compulsion the judiciary itself continues to uphold?

TRENDS

OPINION | The Constitution Made Accessible: A new scholarly analysis in Hindi

‘Hum Bharat Ke Log: Bhartiya Samvidhan Par Nau Nibandh’ (We, the People of India: Nine Essays on the Indian Constitution), represents a significant step towards making serious constitutional scholarship available in Hindi. The paucity of scholarship in Indian languages represents a drawback in making the foundational document more accessible

INDIA

OPINION | Manual Scavenging: When the Supreme Court saw its own order being violated at its own gate

Laws, judgments, and penalties can only go so far unless accompanied by a strong administrative will to eradicate this inhuman practice once and for all. The sight of a worker entering a sewer outside the Supreme Court is not just a failure of governance; it is a collective failure of conscience

POLITICS

OPINION | India’s Secular Dilemma: Balancing faith and the State

In India, religion is not limited to personal belief; it is deeply woven into the social fabric and continuously shapes citizen–state interactions. In such a context, maintaining a strict and absolute separation between state and religion becomes exceedingly difficult 

BUSINESS

OPINION | The enduring impact of judicial dissent

A dissent in the Supreme Court may not be an explanation in a lost cause. Jurisprudence is filled with examples where a subsequent generation saw merit in the logic undergirding an earlier dissent and mainstreamed it

INDIA

OPINION | Hyderabad’s Journey from Independence to Integration: The fall of the Nizam

Hyderabad's reluctant accession to India in 1948 followed intense negotiations and military action. The Nizam resisted integration until Operation Polo decisively ended their defiance, leading to Hyderabad’s inclusion in India 

TRENDS

[In]Complete Justice: Reflecting on the Supreme Court at 75 -- triumphs and trials

The book ‘[In]Complete Justice: The Supreme Court at 75, Critical Reflections’ critically examines the Supreme Court's evolution, highlighting its successes, failures, judicial activism, and key reforms. It explores the Court’s role in shaping India’s democracy, law, and social justice

TRENDS

OPINION | Reforming the collegium system will preserve judicial independence, not undermine it

For the judiciary to remain independent, it must first acknowledge its own flaws and correct them. Ignoring the cracks in the Collegium only invites external intervention, which would compromise its autonomy

INDIA

Legally Speaking: Insights from Fali Nariman's life

A collection of his writings published over a year after his demise represent rare reflections of a legal luminary who observed and analysed society through the lens of law and law through a broader socio-legal prism—rendering even the most mundane observations vivid and engaging

TRENDS

Presidential Reference once again brings Parliament–Judiciary supremacy tussle to the fore

An ongoing hearing in the Supreme Court on a Presidential Reference has brought to the fore the perennial tussle between legislature and judiciary on the issue of which body is supreme. The widely accepted idea is that it’s the Constitution that is supreme and higher judiciary interprets it. A deeper look at the long and yet unresolved issue follows

POLITICS

Sudershan Reddy was a judge committed to upholding human rights and a critic of neoliberalism

Opposition grouping INDIA’s VP candidate described himself as a “liberal Constitutional democrat”. A scrutiny of his most widely discussed verdicts as a Supreme Court judge shows that this description is accurate. His deepest commitment lay in upholding human rights

TRENDS

When courts find no one guilty after a crime, it’s the justice system that’s in the dock

Two high profile terror cases recently collapsed in different courts. The judgements held the prosecution guilty of doing shoddy work, which led to acquittals. However, none of the acquitted are likely to be ever free of suspicion following years of trial and jail terms. These acquittals show that investigation, the first step towards ensuring justice, is a weak link in the chain

TRENDS

Justice in Despair: How India’s judiciary mishandles sexual harassment allegations within its ranks

Supreme Court addressed and remedied the legal vacuum in sexual harassment through an innovative approach.  It then took the Parliament more than a decade to address the issue through legislation. The judiciary’s pioneering effort, however, has been undone by the tardy and unsympathetic approach to complaints from within the institution

POLITICS

Second in Line, Not in Power: The office of India’s Vice-President

The Indian Vice-President occupies a high office structurally, but his influence is largely circumscribed by the limited and situational nature of his executive authority. A close examination of the powers and functions of the Vice-President reveals that they are almost entirely rooted in his role as the ex-officio Chairman of the Rajya Sabha 

INDIA

Beyond Observations: Why social media needs statutory regulation

Hundreds of cases are being registered against people for ‘defamatory’ and abusive posts every day. In the absence of proper guidelines, the police are exercising wide discretion in registering such cases—a discretion that, in most instances, lacks sound legal reasoning and often appears outright arbitrary

TRENDS

Presidential Reference under Article 143: A quiet force in constitutional evolution

Article 143 has not only served as a means of constitutional clarification but has also helped shape the trajectory of India’s constitutional development in a way that continues to safeguard the foundational principles of justice and separation of powers 

TRENDS

Parliament may move to impeach Justice Yashwant Varma, but history offers little hope

The impending impeachment motion against Justice Yashwant Varma highlights India’s weak judicial accountability, where past cases show judges often resign to evade scrutiny, undermining public trust in the judiciary’s integrity