Anyone interested in Hollywood crime thrillers or drama, has at least once come across a scene where an arrest is being made by the police. The officer while carrying out the arrest mandatorily utters the following words, “You have the right to remain silent. Anything you say can and will be used against you in... Continue Reading →
Gender and the Supreme Court of India
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 →
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 →
The Basic Structure is Two Years Old
Picture Credits - Indian Express On 06 September 2018, the Hon’ble Supreme Court of India delivered its verdict in Navtej Singh Johar v. Union of India. The judgment partly struck down the archaic Section 377 of the Indian Penal Code which criminalised carnal intercourse against the order of the nature with any man, woman or... Continue Reading →
Student Welfare trumps Centre-State impasse over University Campus
The Parliament in the year 2007 enacted the National Institute of Technology, Science Education and Research Act to bestow on certain institutions the tag of ‘Institute of National Importance’. The aim of the Act was to ensure that these institutes work towards advancement of learning and dissemination of knowledge, in their respective fields. The Act... 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 →
Rajasthan HC’s Judgment on Supremacy of a Woman’s Autonomy in matters of Abortion
Article 21 of the Constitution of India guarantees to every person the Right to Life and Liberty. The Courts have interpreted the Article to include the Right to Reproductive Choices. In particular, the Article allows a woman to decide whether she wants to procreate or not. This Right is not absolute and is limited once... Continue Reading →
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