[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 →
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 →
African-Americans and the United States Constitution
‘I can’t breathe!’ These were the last words of George Floyd, an African-American citizen of the United States of America who died due to police brutality, recently. Floyd was arrested for allegedly using counterfeit currency for buying cigarettes. He was pinned down by officer Derek Chauvin who knelt Floyd’s neck for over nine minutes, causing... Continue Reading →
Telangana HC’s Powerful Decision on the Right to Health in times like COVID-19
The world is currently dealing with the unfortunate COVID crisis. Almost every government across the world has brought in radical measures to curb the transmission of cases and save its citizens from dying. The central and state governments in India have also done the same. The laws and regulations framed by the governments, to either... Continue Reading →
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