Dissecting Supreme Court's Protection of Fundamental Rights- In conversation with Jayna Kothari, Editor, Rights in Review

"In 2017, we can see that while Article 19 freedoms were not that strongly prominent, Article 25 Right to Freedom of Religion protection was very strong", Jayna Kothari, Editor, Rights in Review & Director, Centre for Law & Policy Research.'Rights in Review' is an annual review of the decisions of the Supreme Court of India on the protection of fundamental rights, prepared and published by Supreme Court Observer under the aegis of Centre for Law and Public Research. The first review...

For Independence of Judiciary, Ability to Decide without Fear is Very Important: Justice Abhay Thipsay

Justice Abhay Thipsay (retd) is known to be frank and forthright in his views. No matter how high profile the case might be, he has always given precedence to the rule of law. He recently criticised the discharge orders of accused in the alleged fake encounter case of Sohrabuddin Sheikh. What made it more significant was that he heard bail applications of accused in the alleged fake encounter case of Sohrabuddin Sheikh, so he was somewhat familiar with the facts of the case. But when he was...

Law Students Have A Definite Advantage In Preparing For Civil Services Exam: In Conversation With Saumya Sharma,Who Secured 9th Rank In 2018

Among the five National Law School Delhi Graduates who have made it to the merit list of the UPSC Civil Service Examination, 2017 is Ms. Saumya Sharma. She has managed to beat all odds and secure 9th rank in her first attempt. However, this isn't the first time that she has made headlines.Back in 2016, when she was a final year student, Saumya had drawn the attention of the Delhi High Court towards the advertisement notifying the Delhi Judicial Services Examination, 2015 and the 'important...

IDAP Interview Series: Interview With Judge Ronald M. Gould

Judge Ronald M. Gould, who has served on the US Court of Appeals for the Ninth Circuit with distinction since his appointment by President Bill Clinton in 1999. Judge Gould, an alumnus of the University of Michigan Law School, was diagnosed with a progressive form of multiple sclerosis in 1990. While the impact of his disability was initially confined to facing occasional stumbles and numbness in other extremities, his disability has now progressed to a point where he uses a power...

'Persecution In The Name of Sedition Finds Popular Acceptance in India', Says Anushka Singh, Author of the recent book, 'Sedition In Liberal Democracies'

Anushka Singh is Assistant Professor at the School of Law, Governance and Citizenship, Ambedkar University Delhi. She graduated from Miranda House and did her Masters from Lady Sri Ram College. She went on to do her M.Phil and PhD from the Department of Political Science, University of Delhi where she also taught the Masters students, briefly. She was previously employed at the Gargi College, University of Delhi. She was awarded the Visiting fellowship for doctoral research at Tagore...

In This Case Judges Are Like Any Other Witnesses, Their Version Can't Be Taken As Gospel Of Truth, We Will File Review: Ahmad Abdi, President Of Bombay Lawyers Association, Petitioner In Loya Case

In light of the Supreme Court's judgment dismissing the PIL seeking a probe into judge Loya's death, petitioner Ahmad Abdi, president of the Bombay Lawyers' Association, spoke to Live Law about the way forward, the SC's observation calling the PIL scandalous and that it warrants criminal contempt proceedings to be initiated.After SC's judgment and all the observations against the petitioners, going forward what is your next course of action?I am very disappointed, we will file a review...

CONFLICT OF BENCHES: The SC's February 8 Judgment in Indore Development Authority Is Not Supported By Text Or Intent Of The Act, Says Namita Wahi, Expert On Land Acquisition

The ongoing controversy in the Supreme Court involving judicial discipline after a three-judge bench overruled the decision of another three-judge bench centres around the interpretation of Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (RFCTLARR Act). This provision deals with the question when the land acquisition process under the previous Land Acquisition Act of 1894 shall be deemed to have lapsed.The...

Feminist Judgments Project India: 'There Is A Promising Future For Shadow Judgment Writing In India', Says Academic And Scholar, Jhuma Sen

Have you ever thought of rewriting some of the problematic judgments to come out of the Indian Supreme Court? Can academics write an alternative judgment in the cases of Tukaram v State of Maharashtra (Mathura rape case, 1978) or Suresh Kumar Kaushal v Naz Foundation (2013), which earned much opprobrium in the history of Indian Supreme Court? Well, these questions may be answered in the affirmative, when a new academic project, being carried on these lines, sees the light of the...

There Is A Fearsome Scenario Despite The Unanimous Verdict Declaring Privacy As A Fundamental Human Right, Says Advocate And Author, M.P.Raju [PART 2]

Supreme Court advocate, M.P.Raju's new book, India's Constitution: Roots, Values & Wrongs, [Media House, Delhi, 2017] starts with a simple question: "India has a Constitution. Does she have a constitutional culture?". Attempting to answer this in 464 pages of his book, Raju takes the readers to the social and moral dimensions of India's Constitution.Today, most of us take India's Constitution for granted. Raju reminds us, quoting Justice H.R.Khanna, that behind it, there is...

“Judicial Diktats Alone May Not Be Able To Defend A Constitutional Culture”, Says Advocate And Author, M.P.Raju [PART 1]

Supreme Court advocate, M.P.Raju’s new book, India’s Constitution: Roots, Values & Wrongs, [Media House, Delhi, 2017] starts with a simple question: “India has a Constitution.  Does she have a constitutional culture?”.  Attempting to answer this in 464 pages of his book, Raju takes the readers to the social and moral dimensions of India’s Constitution.Today, most of us take India’s Constitution for granted.  Raju reminds us, quoting Justice H.R.Khanna, that behind it, there is a story of...

“Judicial Diktats Alone May Not Be Able To Defend A Constitutional Culture”, Says Advocate And Author, M.P.Raju [PART 1]

Supreme Court advocate, M.P.Raju’s new book, India’s Constitution: Roots, Values & Wrongs, [Media House, Delhi, 2017] starts with a simple question: “India has a Constitution.  Does she have a constitutional culture?”.  Attempting to answer this in 464 pages of his book, Raju takes the readers to the social and moral dimensions of India’s Constitution.Today, most of us take India’s Constitution for granted.  Raju reminds us, quoting Justice H.R.Khanna, that behind it, there is a story of...

Security Concerns Are Often Cited To Defeat Minimum Humanitarian Morality: Dr. Ashwani Kumar, Former Law Minister Of India

Dr. Ashwani Kumar seems to have done it all! He is an eminent legal counsel, political activist, author, policy-maker, a Union cabinet minister, and recipient of Japanese civilian honour ‘Grand Cordon of the Order of the Rising Sun’. While his achievements are many, it is his selfless battle for ratification of the United Nations Convention against Torture and other Cruel, Inhuman and Degrading Treatment or Punishment that has inspired many. Besides, he is espousing the case of dignity of old...