Is Facebook friendship, a ground to seek a Judge’s Recusal in India?

[Picture credits: ABA for Law Students] Last month, the Calcutta High Court while hearing a matter witnessed the counsel for the petitioner raising an interesting plea. The counsel requested the presiding Judge i.e. Justice Protik Prakash Banerjee to recuse himself from hearing the matter, as he was a Facebook friend of the appearing counsel. Although, …

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Prorogation of the UK Parliament and its challenge before the UK Supreme Court

The United Kingdom (‘UK’) Supreme Court has recently finished hearing arguments in Miller v. Prime Minister, a case which shall go down as one of the most important constitutional law decisions in the country’s history. The Supreme Court in the aforesaid case is adjudicating whether the prorogation of the UK Parliament by Her Majesty the …

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Understanding the law governing PILs in light of the petition challenging the presidential order concerning J&K

[Picture credit: Outlook India] The year 2018 shall go down as a monumental year in the history of the Supreme Court of India. The Court through its judgments granted women the right to enter the Sabarimala temple, struck down the discriminatory provision of adultery, agreed to live stream its proceedings etc. The doors of the …

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A Brahmin lover to a PM idolizer: Can a Judge be removed for making communal/political comments?

The Supreme Court has described an ideal Judge as the one who lives and behaves like a hermit having no desire or aspiration.[1] The justification behind this life of seclusion is that the Judge should not encounter people, who’s rights and liabilities she/he decides. A Judge should be unbiased and should decide every case before …

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Everything wrong with the J&K Presidential Order

Two days ago, India underwent a major constitutional and political change, as the central government through a presidential order (‘order’) set in motion the revocation of Article 370 which granted special status to the state of Jammu and Kashmir (‘J&K’). The order has been followed by a Bill through which the state of Jammu and …

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Indian or Canadian? Understanding India’s law on citizenship, in light of Bollywood Star Akshay Kumar’s citizenship row

It has been rightly said that citizenship is the chance to make a difference to the place where you belong. Being citizen of a country entitles an individual to several privileges and rights, which she/he can exercise to contribute to the nation’s building. For instance, in India only citizens have freedom of speech and expression …

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‘Hindi’ as the National Language of India: Decoding the Myth

[Picture Credits: The Economic Times] India is a land of diversity comprising of individuals from different communities, backgrounds, religions etc. What one eats, how one speaks, differs from region to region. In this diversity, we Indians often look for symbols and objects that unite us. The national anthem, national animal, national song, national flower are …

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