Munawar Faruqui’s Case- Factors That Ought To Have Been Considered By High Court In Bail Application

It is puzzling that the Madhya Pradesh High Court’s well written concluding remarks on the ideals of mutual respect, common brotherhood and the need to preserve our country’s rich heritage finds place in an Order that denies bail to stand-up comedian, Munawar Faruqui. In this context, I look at the factors that the Court oughtContinue reading “Munawar Faruqui’s Case- Factors That Ought To Have Been Considered By High Court In Bail Application”

Reconciling Justice Chandrachud’s Dissenting Opinions in Review Petitions

“In all humility, I conclude that the constitutional principles of consistency and the rule of law would require that a decision on the Review Petitions should await the reference to the Larger Bench.”- Justice Chandrachud in his dissenting opinion in Beghar Foundation and Ors. v. Justice Puttaswamy and Ors. Justice Chandrachud’s opinion in the PuttaswamyContinue reading “Reconciling Justice Chandrachud’s Dissenting Opinions in Review Petitions”

Munawar Faruqui’s Case- Misuse of S.295A and an Aggravated Insult on Free Speech

Having regard to the ingredients of the offence created by the impugned section, there cannot, in our opinion, be any possibility of this law being applied for purposes not sanctioned by the Constitution- Supreme Court on S.295A IPC in Ramji Lal Modi v. State of U.P [(1957) S.C.R. 860] The dangerous curtailment of comedian MunawarContinue reading “Munawar Faruqui’s Case- Misuse of S.295A and an Aggravated Insult on Free Speech”

Absence of Reason: SC Order Staying Farm Laws

“The Court is acting like a Panchayat, in a sense, than a constitutional court”- Dr. Anuj Bhuwania on the SC Order Staying Farm Law. On the 12th of January, 2021 the Supreme Court of India passed an extraordinary Order staying the implementation of the Farmer’s Produce Trade and Commerce (Promotion and Facilitation) Act, 2020, theContinue reading “Absence of Reason: SC Order Staying Farm Laws”

GENDER EQUALITY IN THE ARMED FORCES

INTRODUCTION In early 2020, the SC bench of Justice Chandrachud and Justice Rastogi pronounced two critical judgments on gender equality in the armed forces in Secretary, Ministry of Defence vs. Babita Puniya and Ors[1] (Babita Puniya) and in Union of India &Ors. vs. Lt.Cdr.Annie Nagaraja & Ors[2]. (Annie Nagaraja). Both these cases revolved around theContinue reading “GENDER EQUALITY IN THE ARMED FORCES”

OVERVIEW OF THE REVIEW AND REFERENCE IN THE SABARIMALA CASE

BACKGROUND On 29th September 2018, the Supreme Court’s judgment in Indian Young Lawyers Association and Others vs. State of Kerala and Others (Sabarimala Judgment) triggered a hostile display of emotions that sent Kerala into a state of paralysis. Nearly 60 police officers were injured and about 80 public buses were damaged in violent protests againstContinue reading “OVERVIEW OF THE REVIEW AND REFERENCE IN THE SABARIMALA CASE”

WHY HARISH SALVE IS WRONG ABOUT THE CITIZENSHIP AMENDMENT ACT

During a heated debate on citizenship, P.S.Deshmukh, member of the Constituent assembly of India, introduced an amendment to draft Article 5 of the Constitution. Mr. Deshmukh suggested that the Constitution must explicitly state that ‘every person who is a Hindu or a Sikh by religion and is not a citizen of any other State, whereverContinue reading “WHY HARISH SALVE IS WRONG ABOUT THE CITIZENSHIP AMENDMENT ACT”

THE UNCOSTITUTIONALITY OF THE TRANSGENDER PERSONS (PROTECTION OF RIGHTS) ACT, 2019 : IN LIGHT OF THE NALSA JUDGMENT

INTRODUCTION When one traces the evolution of rights of the lgbtq community, it would be impossible to overlook the landmark Supreme Court judgment of 2014 in National Legal Services Authority vs. Union of India[1].(NALSA Judgment) By adopting a progressive vision of the Constitution to differentiate between ‘sex’,’sexual orientation’ and ‘gender identity’, Justice Radhakrishnan and JusticeContinue reading “THE UNCOSTITUTIONALITY OF THE TRANSGENDER PERSONS (PROTECTION OF RIGHTS) ACT, 2019 : IN LIGHT OF THE NALSA JUDGMENT”

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