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
BOOKS
‘To call Tipu Sultan a freedom fighter and liberator of India is stretching it a bit much’: Vikram Sampath
Historian Vikram Sampath, with his latest book on the ‘Tiger of Mysore’ attempts to decode the Tipu Sultan riddle.
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
TRENDS
Tortuous jurisprudence of bail when jails are packed with undertrials
Bail is not a privilege but a judicial process that is intrinsically intertwined with the fairness quotient of justice. What forms its basis is the presumption of innocence and hence right to live a life of dignity and liberty
POLITICS
Sexual Offences Against Women: Legal reforms in place, but implementation remains a problem
The brutal rape and murder of a junior doctor in Kolkata highlights ongoing issues with law enforcement and institutional responses. Despite significant amendments to sexual assault laws post-Nirbhaya, implementation remains weak, revealing a persistent failure to protect and serve justice effectively
POLITICS
MC Explains: Reforms in The Waqf — challenges, schemes, and calls for accountability
The Waqf Act in India governs charitable Islamic endowments. Reforms, including the 1995 Act and 2013 amendments, aim to enhance management and prevent misuse. However, issues of mismanagement, corruption, and concentrated power persist, prompting calls for further reform
POLITICS
UP enacts strict anti-conversion law: A brief history of the anti-Proselytism law in India, major judgments, Centre’s stand
Uttar Pradesh has amended its anti-conversion law introducing severe penalties for forceful or fraudulent conversions. Over the past decade, other states such as Jharkhand, Uttarakhand, Himachal Pradesh, and Karnataka have enacted similar laws
TRENDS
SC allows sub-classification of classes; What's the case and what the CJI said?
The Supreme Court's ruling has cleared the way for quota-within-quota. In its 2024 judgment, the top court had held that only Parliament and not state legislatures had the power to sub-classify SCs and STs for reservation
BUSINESS
SC to Re-examine ‘Immunity’ Granted to Governors: Revisiting late MP HV Kamath's arguments
The Supreme Court of India will review Article 361, which provides Governors "blanket immunity" from criminal and civil proceedings during their term. The top court’s decision could reshape the scope of gubernatorial immunity
INDIA
SC rules right to maintenance is for all women irrespective of religion, cites Shah Bano verdict
Clearing the confusion arising from the conflict between the personal law and the CrPC rule on divorces especially in the Muslim community. The Apex court ruled that the law is common to all citizens
INDIA
Highlights of the new criminal laws, a long awaited change
The three new criminal laws introduced today are a mixed bag of necessary changes, retaining controversial aspects of the old laws under a different name and an expansion of police powers in some areas.
