TRENDS
Can the Supreme Court become an interim Parliament?
This month the Supreme Court will hear a matter examining the scope of Article 141 of the Constitution which says that the law declared by the apex court shall be binding on all courts. The underlying issue centers on a test of legitimacy of legislative power or the Supreme Court’s power under Article 141.
INDIA
Former CJI Khehar earns government’s appreciation despite taking contrarian positions
He was awarded Padma Vibushan this year. One of the noteworthy aspects of his tenure at the apex court is that his judgements, particularly in the NJAC case, ran counter to what the government argued. The Padma award is a measure of his credibility
TRENDS
All about India’s tryst with defamation law
Jurisprudence favours a balance between free expression and the right to protection of one’s reputation. A Law Commission recommended that in India defamation be retained within the scheme of criminal laws. The tricky part still remains the search for the line of demarcation between acceptable speech and damage to one’s reputation
TRENDS
As Supreme Court turns 75, a look at some of its milestones
Created by the Constitution, the Supreme Court in the words of the first Chief Justice HJ Kania has 'goodwill and sympathy for all, but is allied to none.'
TRENDS
Fali Nariman’s acute observations are a launch pad for research on Constitutional issues
An anthology of writings and speeches of the eminent jurist, who passed away last year, contain insightful observations on perennial issues such as corruption and contempt of court. They will continue to be a reference point of many a debate on legal issues
TRENDS
An Indian judge whose work left its mark on judiciary in other lands
Justice AN Grover was one of three judges superseded after having been a part of the majority in the landmark ‘Basic Structure’ judgement. He was also part of the bench which decided on the ‘Bank Nationalisation’ and ‘Privy Purses’ cases. Of the three it is ‘Basic Structure’ which left its imprint in other jurisdictions as brought out in an insightful biography of Justice Grover
TRENDS
2024 in Supreme Court: Eight judgements which will reverberate
It was an eventful year with consequential verdicts delivered by constitutional benches. We pick eight of them which impact events down the line. Other than judgements, there were other decisions at the apex court which evoked strong reactions from stakeholders
TRENDS
Weaponisation of Section 498A
In 1983, IPC added Section 498A to protect married women from harassment at the hands of her husband. A law introduced with good intentions has been over the years turned in it's head. It has become in many instances of a breakdown in the marriage, a tool to harass not just the husband but also his relatives
POLITICS
A Constitution is as good as the people and political parties who work it
As the Parliament gears up for a debate on the Constitution, we revisit BR Ambedkar’s closing speech to the Constituent Assembly where he flagged issues that have contemporary resonance: putting form over substance and partisan loyalties over country. The speech also flags the risk of “Bhakti” worship in politics and the unfinished task of transforming India’s political democracy into a social democracy
POLITICS
The basics of Places of Worship Act and challenges it faces
It’s through the tussle between ensuring ‘communal harmony’ and correcting ‘historical wrongs’ that the Act has been scrutinised in the last three decades
INDIA
Judicial independence is ultimately in the hands of judges
The rule of law is undisputedly one of the most fundamental requirements of the democratic state. And, one ingredient that is essential for enforcing the rule of law is an independent judiciary. That independence can be realised by judges and no one else. As Justice BV Nagarathna said, it’s the “personality” of judges which will determine the extent of judicial independence and autonomy
TRENDS
Who will compensate an innocent whose life is wrecked by the criminal justice system?
Accused wrongfully convicted and jailed for years suffer a “virtual death”. Allahabad High Court recently acquitted a person who was incarcerated for 13 years following a miscarriage of justice. It made an important suggestion, the court acquitting an innocent should be empowered to fix compensation that will be paid by the State for destroying a life
TRENDS
Chief Justice DY Chandrachud — A contested legacy
One of the most consequential heads of the Supreme Court, he leaves behind a mixed legacy. It includes dissents that may in future serve as guideposts, judgements that expanded the scope of fundamental rights and also verdicts which evoked sharp criticism
TRENDS
Supreme Court upholds the idea of limited protection of private property from State takeover
A majority of 8:1 in a landmark Supreme Court judgement overturned a decades old interpretation of the Constitution’s directive principles which allows the State to ensure that ownership and control of the material resources of all private property to subserve common good. Now, the majority opinion has reinterpreted that provision to say that it doesn’t cover all private property. Henceforth, State takeover of private property must be judged by a set of guiding principles
INDIA
Basic Structure Doctrine: Safeguarding the soul of the Constitution
The first two decades of Independence saw a build-up of jurisprudence on the limits of the Parliament’s power to amend the Constitution. It culminated in 1973 with an extraordinary judicial innovation dubbed the ‘basic structure’ doctrine. This doctrine which evolved from the Supreme Court’s most consequential case till date did put a check on Parliament’s amending powers. However, to this day ‘basic structure’ has it critics
BUSINESS
BN Rau: Backroom boy at the heart of the making of India’s Constitution
November 26 marks the 75th anniversary of the adoption of the Indian Constitution by the Constituent Assembly. Almost obscured by the political stalwarts who played a key role in its making, but always acknowledged as the remarkable civil servant who threaded diverse needs into a coherent foundational document is Rau. He holds the distinction of also having played an important role in drafting Burma’s constitution in 1947
INDIA
Supreme Court’s epoch making 1990s judgements set the tone for a changing polity
The decade witnessed landmark judgements which had a far-reaching impact on separation of powers, federalism and protection of women from sexual harassment. A common thread running through them was the imprint of AM Ahmadi, India’s CJI in the mid-90s
INDIA
Supreme Court holds Assam is a special case when it comes to citizenship
Landmark verdict upholds critical part of 1985 ‘Assam Accord’ by pointing out there was a rational basis to carve out a niche for the state. Apex court also upholds the right of the State to deport illegal immigrants
BUSINESS
India's Legal System: Legal aid for the poor or poor legal aid?
India’s legal aid system remains underfunded and inefficient. Only 1% of eligible individuals access free legal aid, with poor quality and low pay for lawyers contributing to the system's failures, leaving many without proper representation
LIFESTYLE
Rethinking Education: Vishal Vasanthakumar’s book unveils the truth of India’s education system
Vishal Vasanthakumar's book, ‘Smart and The Dumb’, critiques India's education system, revealing deep socioeconomic barriers and questioning meritocracy while emphasising education's transformative power beyond job market demands
INDIA
Secularism with Indian characteristics
Constituent Assembly had extensive discussions on secularism and all strands converged on two points: India’s legal architecture would not favour one religion over the other and the Western notion of separation of church and state was irrelevant here. Subsequent jurisprudence emphasised secularism with Indian characteristics is a part of the Constitution’s basic structure
INDIA
Collegium: Ensuring judicial independence or perpetuating an unaccountable system?
The Collegium system was not part of the original Constitution, rather it was introduced later by a novel judicial invention—which is unparalleled in the world. But one of the prominent criticism is that the Collegium system has brought the judiciary and executive at loggerheads
LIFESTYLE
Reviving the Voices of History: Celebrating the unsung women of India's constituent assembly
In the book 'The Fifteen: The Lives and Times of the Women in India’s Constituent Assembly' recounts the often-overlooked contributions of 15 women who played pivotal roles in shaping India's Constitution. It highlights struggles, achievements, and influence of these women as India commemorates its Republic's 75th anniversary
POLITICS
Indian Constitution @75: Saurabh Kirpal’s book traces India’s constitutional journey through equality code
As the Indian Constitution and Supreme Court mark 75 years in January 2025, it's time to evaluate their equality promises. To understand how far the Indian State has been able to implement its “equality code”, one needs to understand what ‘equality’ actually connotes in the context of law and jurisprudence
