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
TRENDS
Judiciary treats Constitution’s preamble as a no-go area
RSS general secretary Hosabale wants a discussion on whether a decision to introduce the words “socialist” and “secular” in the Constitution in 1976 should be reversed. When asked to decide on the same issue earlier, the judiciary has signalled that it’s the Parliament’s call
TRENDS
44th Amendment: Restoring constitutional safeguards and limiting emergency powers
The Forty-Fourth Amendment (1978) reversed the Emergency-era changes, strengthening democratic safeguards by restricting executive powers, protecting fundamental rights, and ensuring stricter parliamentary oversight during national emergencies
POLITICS
President’s Role in the Emergency: Fakhruddin Ahmed's unchallenged decision severely criticised
President Fakhruddin Ali Ahmed’s approval of the 1975 Emergency proclamation, without Cabinet consultation, has been widely criticised for undermining constitutional norms and raising questions about the President’s discretionary powers and duty
INDIA
Justice HR Khanna’s dissent in the Emergency’s infamous ADM Jabalpur case still resonates
Emergency was one the worst phases for the Supreme Court as it failed to provide the necessary check on the excesses of the political and permanent executives. This failure was encapsulated in the ADM Jabalpur case when the majority in the five-member bench ruled that people could not question their detention. Justice HR Khanna provided the sole dissent and was superseded for it. His dissent, however, echoes to this day and serves as a reference point
POLITICS
Fali Nariman, a beacon of moral courage when Emergency was proclaimed
Fali Nariman was Additional Solicitor General of India when Emergency was declared. He resigned in protest, displaying moral fibre when it was scarcely discernible in the executive or judiciary. A look at that tumultuous period through his experiences provides an important takeaway. Once laws remove restraints on the executive, they will act with 'hobnailed boots'
POLITICS
Shashi Tharoor and Ram Madhav on the Constitution is about depth versus dispassion
Their recent books on the Constitution approach it through political lens. It makes the comparison interesting as their approach is from different ends of the political spectrum. A reviewer concludes that while Madhav takes a dispassionate look at the role of framers, Tharoor is more polemical
TRENDS
Even cinema calls out POCSO misuse; law needs safeguards
While POCSO aims to protect children, courts and reports reveal growing misuse in consensual teen relationships, prompting calls for nuanced reforms that balance child rights with justice and intent
TRENDS
WhatsApp status in a court of law
With so much of personal and professional communication taking place over WhatsApp, there’s a gradual evolution in the manner the law is viewing it as evidence. In addition, the courts have also set boundaries on its use as evidence. A look at the status of WhatsApp communication as evidence follows
TRENDS
How the judiciary assumed greater theological authority than high priests of religions
In the ongoing challenge in the Supreme Court to amendments in the Waqf law, the issue of the role of charity in Islam came up. The origin of this argument and similar ones in earlier cases can be traced to a unique Indian judicial invention, the essential religious practices doctrine. It arose from the need for the judiciary to gauge the point of demarcation between secular law of a modern state and traditional religious practices that cannot be tampered with
TRENDS
Land alienation is focal point of SC’s Waqf law hearing
Hearings in the Supreme Court in May on the amendments to the Waqf law witnessed engrossing arguments around alienation of tribal lands and government’s rights and powers when it is one of the interested parties in a land title dispute. A look at the essence of these amendments and nature of arguments around it follow
TRENDS
Criminalising minor offences is how legislature contributes to judicial backlog and unease of living
The State of the System report by Vidhi Centre exposes India's overcriminalisation of minor regulatory offences. Of central laws, 42 % contain criminal provisions. It leads to an overreliance on imprisonment and jails filled with undertrials. Finally, there are signs that the government is taking steps to undo the damage
TRENDS
Tareekh Pe Justice: A book on lower judiciary, the challenges it faces and the road ahead
This book examines systemic issues plaguing India’s district courts, highlighting judicial delays, lack of independence, and flawed oversight, while advocating structural reforms and accountability of higher judiciary to improve justice delivery
TRENDS
India justice report calls for reforms in judiciary through honest assessment
The India Justice Report 2025 highlights major challenges in India’s judiciary, including judge shortages, high caseloads, poor infrastructure, and inadequate legal aid, urging urgent reforms to improve access to justice and system efficiency
INDIA
Challenges to amended Waqf Act: No interim order passed, SC raises key issues as hearing to continue tomorrow
Six BJP-ruled states including Madhya Pradesh and Assam have approached the Supreme Court to support the constitutionality of the amendment.
TRENDS
Police’s unjust mode of seeking justice
Civil and criminal laws are fundamentally different in their aim. Arbitrary usage of criminal law provisions by the police undermines the notion of justice. However, it’s commonly done and often results in scathing observations by constitutional courts
POLITICS
Sorry Guv, even you have a deadline
Politics in India at the sub-national level plays out through the Governor’s office. It’s mainly taken the form of Governors sitting on bills passed by State Assemblies by exploiting loopholes in the Constitution. Supreme Court on April 8 closed one such loophole by explicitly setting a timeline for Governors to act when Bills are presented to them. It bodes well for federalism
TRENDS
'Cash at Judge's Door' case: Obstacles at every stage
Retired judge Nirmal Yadav was acquitted last week in the infamous case involved delivery of cash. If there’s a takeaway in this drawn-out case, it is that the prosecution faces a near-impossible task when it is entrusted with a matter of alleged judicial corruption
