Constitutional Morality, Ambedkar's Fear And Governor's Discretion

The political battle to form a government in Maharashtra finally seems to be over. Yet, the entire episode once again forces us to scrutinize the role of governors in appointing a Chief Minister, whenever there is a fractured electoral mandate in a State. The Maharashtra episode appears to be a replica of the events in Karnataka in 2018, when the Chief Minister (belonging to the ruling party in the Centre), initially appointed by the Governor without showing clear majority, subsequently...

Mooring the "constitution" of India back to the "Constitution" of India

The Constitution of India - the book - is only as good as those who work it.

Written, Rewritten And Unwritten – Our Constitution

70 years back our Constitution was adopted on 26th November 1949 after 3 years of extensive debates by the Constituent Assembly and notably 4 years back, this day was renamed as the 'Constitution Day' or 'Samvidhan Diwas'. The 1st seed of the Constitution as we have today was sown on 31st December 1929 at the Lahore Session by Jawaharlal Nehru. 4 weeks later, 26th January 1930 was declared as the 'Poorna Swaraj' Day. Gradually after much efforts, under the Indian Independence Act, 1947, India...

Is Temperament Of The Accused A Factor While Examining Whether There Was 'Grave & Sudden' Provocation?

"If this judgment is made a precedent, it would be suffice to show that a murder accused was a short tempered person so as to enure him the benefit of Exception 1 to Section 300 IPC."

Law On Reels - 'Ardh Satya': A Nuanced Movie On Working Of Indian Police

"Jab court ki date aane wali hoti hai to hum chhuti lekar case diary bharte hai",[1] said a police officer in a conference I recently attended. Police reforms in India have been talked about for almost 4 decades now. But our police continue to be overburdened. It continues to operate under archaic laws and colonial mind set with all kinds of prejudices. And this is where Ardh Satya becomes relevant; a movie which till date remains one of the most nuanced films on police machinery in India....

Indian Civil Liberties Union: Ensuring Right To Legal Representation To All

In 2018, Indian Civil Liberties Union was conceptualized in the wake of increasing hate crimes and the need for an organization to provide quick legal response. Today the ICLU is a vibrant network of lawyers, activists, paralegals and students from all over India who work untiringly to defend constitutional values and preserve the rights and freedoms of citizens and others. Led by Advocate Anas Tanwir, the association has lent a hand in the drafting of the anti-lynching laws and execution of the...

Walayar Case: Commission Of Inquiry Reduced To A Mockery

Today the local news channels of Kerala have flashed the breaking news that the State Cabinet has appointed a retired District Judge as a Commission of Inquiry to go into the lapses in the investigation and prosecution of the Walayar case in which two juvenile girls who were allegedly ravished and subjected to sexual abuse repeatedly, committed suicide. The Sessions Court, after trial acquitted the accused persons who were charge sheeted by the Police. 2. There is no dispute...

The Right To Protest (with Face Masks)

Earlier this morning, the High Court of Hong Kong handed down an important judgment on the "balance" between personal liberty and national security. Readers will be aware that for the last few months, there have been mass public protests in Hong Kong. In response, the Hong Kong government passed the Prohibition on Face Covering Regulation ["PFCR"] which, as the name suggests, prohibited protesters in public spaces from wearing face masks to hide their identities. The PFCR was passed under the...

Sabarimala Review : Majority Order Is Without Jurisdiction

The majority order in Sabarimala Review Petitions is beyond the scope of Article 137 of the Constitution which confers power of review on the Supreme Court. The reviewing power is subject to law made by the Parliament and Rules made by the Supreme Court under Article 145 of the Constitution. [Order 47 embodied in the Supreme Court Rules, 2013]. The ambit of the review power is limited and circumscribed. Review is not an appeal or a denovo consideration of the matter. Its not a rehearing....

Public Trust And Confidence: Real Strength Of Judiciary

Judicial discipline must be followed if trust is to be built in the institution of judiciary.

Walayar Rape-Death Cases : When Criminal Justice System Failed To Deliver

The object of POCSO Act was defeated in these cases by all the functionaries -the Police, the Prosecutor, and the Judge.

Cryptocurrency In India : Legality, Challenges And Sustainability

If during the 'barter era' of stone age, you proposed payments through e-wallets and other electronic/digital modes of payment and termed currencies as legal tenders, one would consider you lunatic, maniac and obnoxious. With passage of time, necessity gave birth to innovation and with innovation came the unimaginable. However, with every advent of an 'unimaginable' came the need to regulate the thing and assess the same on the touchstone of national security and commercial viability. One...