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.
INDIA
Reservations and Its Exceptions: The political push to breach the 50% cap
Patna High Court joined the judicial pushback against political parties trying to overshoot. A lowdown on how courts have interpreted the matter over the years
TRENDS
MC Explains: The What, Why, When and How of National Litigation Policy
It's meant to unclog the strained wheels of justice. Modi 3.0 has made it a priority in its agenda of judicial reforms
