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
TRENDS
The procedure of the in-house probe in case of judicial misconduct
There’s an in-house inquiry on to ascertain the truth in the matter of the discovery of half-burnt currency notes in the residence of Delhi High Court judge, Justice Yashwant Varma. This mode of inquiry is about three decades old and evolved as a measure to cope with allegations of judicial misconduct
BUSINESS
A 'wall' that is hard to breach
Telangana’s Assembly this month passed a bill with the support of the state’s major political parties to push overall reservation beyond the 50 percent barrier. That’s a tall order as attempts by states such as Bihar and Maharashtra in the recent past have been struck down by the Supreme Court. Decades of jurisprudence on reservation have accommodated multiple points of view but getting past the 50 percent barrier is anything but easy
TRENDS
Can the judiciary ever be made accountable?
Official misconduct and impropriety are not rare in any branch of the state. What sets the judiciary apart is its lack of accountability. The judges of the higher judiciary, that is, the Supreme Court of India and High Courts, are accountable only to Parliament. However, enforcement of accountability through this mechanism is practically non-existent
INDIA
Justice Chandrachud was his own man, a disadvantage in a world obsessed with pigeonholing
A judge’s most important qualification is impartiality and non-commitment to any particular idea or point of view. But, in a highly polarised world, neutrality can be seen as a lack of commitment rather than a principled stance. However, neutrality can also be a form of resistance—an assertion that one refuses to be manipulated into extreme positions
TRENDS
Bail has to be the rule if clearing judicial backlog matters
The apex court has tilted in favour of privileging fundamental rights over statutory laws if the prosecution takes an inordinate time to finish investigation. In a related area, there are more than four million pending criminal cases which began over a decade ago. Many languish in jail as undertrials. Is there a way to clear the backlog without being more liberal about bail?
TRENDS
The consequential afterlife of judiciary’s oral observations
Oral observations may not find their way into a formal order. However, they can leave a lasting impression on people, even if they are made in an offhand way. They also run the risk of diluting judicial accountability
POLITICS
History and politics of appointments to Election Commission
In Constituent Assembly debates, there was a consensus that the right to vote should be treated as a fundamental right and, therefore, integrity of electoral process is of paramount importance. As Supreme Court hears a challenge to the Parliament’s law on the composition of the selection committee for EC, also at stake is the question of separation of powers between the judiciary, legislature and executive
POLITICS
Fault lines over Waqf Amendment Bill
Amendments to 1995 law governing Waqf properties have led to a particularly fractious showdown between the government and opposition. A look at the points of difference reveals that the most contentious is one which makes it mandatory for Waqf Boards to appoint two non-Muslims, triggering a debate on whether laws governing other religions have a similar requirement
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
