2 June 2023 Law Commission’s report on Sedition: My reservations The Report recommends incorporating the ruling in Kedar Nath Singh in Section 124A, ignoring how law has evolved in the past 50 years. Categories Speech/Supreme Court
25 May 2023 Delhi Government, so close, yet so far! Part – 2 In this post, I discuss whether the ordinance is contrary to the decision of the Supreme Court or it permissibly removes the foundation of the judgment. Categories Federalism/GNCTD v UOI/Supreme Court
22 May 2023 Delhi Government, so close, yet so far! Part -1 Supreme Court’s judgment on who can exercise control over civil servants in Delhi, permits Parliament to enact laws on the issue. Categories Supreme Court
10 May 2023 Supreme Court condones denying 4,00,000 citizens, the right to vote [This post is based on a paper titled Undertrials, Voting and the Constitution, authored by Meghna Jandu and myself, which was published in the 10th edition of Indian Constitution Law Review] 76% of prisoners in India are undertrials. They have not been convicted of any offence are in prison, and are in prison only because they have not yet been... Categories Supreme Court
6 May 2023 Devangana Kalita Bail Order: Protecting the State at the cost of Rule of Law? Our legal system is not complicated. Inherited from the British, it is based on certain commonsensical principles which ensure parity. The foundational principle in this system is stare decisis, which simply means that a rule established in a previous legal case by Court (say, High Court) is binding on Courts below it (say Sessions Courts) when deciding subsequent cases with... Categories Supreme Court
3 January 2022 A Tale of a Commission and a Committee On December 16, 2021, the counsel for an NGO named Global Village Foundation Public Charitable Trust mentioned before the Chief Justice of India a petition challenging the constitution of the Commission of Inquiry (‘Commission’) by the State of West Bengal under the Commission of Inquiry Act, 1952 (‘Act’). The Commission was constituted to inter alia enquire into whether the Pegasus... Categories Supreme Court
29 June 2020 On the Unlimited Power of Review in Writ Proceedings In this belated post, I discuss the judgment of the Supreme Court passed in Kantaru Rajeevaru vs Indian Young Lawyers Association on 11th of May 2020 (For the sake of convenience, hereinafter referred to as 11th May order). In this order, a 9 Judge bench of the Supreme Court has detailed the reasons for holding that questions of law can... Categories Supreme Court