A few days ago, the Learned Attorney General for India (‘AG’) Shri. K.K. Venugopal, made some important observations about the representation of women in the Supreme Court of India. Speaking on the occasion to recommend ways to gender sensitize the Judges, the AG remarked that more women judges in Constitutional Courts (i.e. Supreme Court and... Continue Reading →
Remembering Mr. Law – A Tribute to MC Setalvad
In a discussion over the greatest lawyers India has produced, the name of Motilal C. Setalvad cannot be left out. The stature and brilliance of this man, is evident from the title ‘Mr. Law’ as he was popularly called. Today, marks the 135th birth anniversary of Shri Setalvad and this post tries to pay a... Continue Reading →
‘Pub’ in Republic- Interesting Court Room Exchanges
Part IV of the Constitution of India contains the Chapter on Directive Principles of State Policy (“DPSP”). The Part casts a non-binding obligation on the government, to promote and achieve certain objectives mentioned therein. The debate and furore over protection of cattle, implementation of the Uniform Civil Code and recognizing labour rights, all have their... Continue Reading →
An ode to Justice Ginsburg (The Notorious RBG!)
[This is a guest post by Chandni Ghatak] Dear Justice Ginsburg, I read earlier today that as per Jewish belief, a person who dies on Rosh Hashanah which starts today is considered a ‘Tzaddik’ – a person of great righteousness. That no longer remains a mythical belief today. Ruth Bader Ginsburg. To many, you have... Continue Reading →
15 August- Bombay High Court and a Supersession
[Happy 74th Independence Day to my fellow Indians!] 74 years ago, India attained independence from its erstwhile colonial masters. On the eve of 15 August 1947 Pt. Jawaharlal Nehru (first Prime Minister of India) made his famous ‘Tryst with Destiny’ speech wherein he remarked that ‘at the stroke of the midnight hour, when the world... Continue Reading →
The 39th Amendment and the Tribunal that tried the Prime Minister
10 August 2020, marks the 45th anniversary of the Constitution (Thirty-Ninth Amendment) Act, 1975. The Constitutional Amendment was passed during the infamous Emergency in India, with the aim of nullifying the Allahabad High Court’s judgment which had quashed Mrs. Indira Gandhi’s election on grounds of electoral malpractice. The Amendment took away the power of the... Continue Reading →
The Demand for a Presidential System of Governance in India
Eminent Scholar and Member of Parliament Dr. Shashi Tharoor in a recent article has argued that India should move to a presidential system of governance, from the present parliamentary system. The premise of his argument is that a parliamentary system produces governments which focus more on politics rather than their actual performance of serving the... Continue Reading →
Referendums and the Indian Constitution
Earlier this month, Russia voted on an important referendum that brought significant changes to its Constitution. The Russians decided to grant President Putin the option of leading the country until the year 2036, by limiting a President’s Rule to two six-year terms in total rather than two consecutive terms. They also voted to effectively ban... Continue Reading →
There was a Somerset, long before Dred Scot!
Last month, Americans were on streets protesting against the tragic murder of George Floyd, an African-American national who died due to police brutality. Floyd’s episode gave rise to questions about racism and status of other races (particularly African Americans) in USA. One cannot talk of African-Americans without bringing up the infamous case of Dred Scott... Continue Reading →
Revisiting the Infamous Emergency and its Impact on the Legal Community
45 years ago, on this day, the central government led by Late Mrs. Indira Gandhi imposed the infamous National Emergency in the country (“Emergency”). The Emergency lasted for 21 months and is considered to be one of the darkest phases of independent India. It saw widespread human rights violations, censorship of the press, rampant arrest... Continue Reading →
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