कानपुर से ऑक्सफ़ोर्ड तक की मेरी यात्रा पर रंगरूट (लल्लनटॉप) के साथ मेरा साक्षात्कार ।My interview with Rangroot - Lallantop (India Today Group) on my journey from Kanpur to Oxford. https://www.youtube.com/watch?v=jVscp1vB5Ys&t=1409s
Delhi Ordinance: Within the Boundaries created by the Constitution
Yesterday evening, the President promulgated the Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023 (hereinafter referred to as ‘ordinance’). The ordinance was issued in response to the Hon’ble Supreme Court’s recent judgment in Government of NCT Delhi v. Union of India wherein the Court held that the elected government of Delhi will have... Continue Reading →
Invocation of NSA on YouTuber Manish Kashyap raises an interesting question
The Supreme Court yesterday dismissed the petition filed by YouTuber Manish Kashyap wherein inter alia he had sought the quashing of charges under the National Security Act (‘NSA’). In this post, I argue that this case raises an interesting question about the application of the Act on individuals with considerable social media presence. I argue... Continue Reading →
Citizens beware, oral remarks of the Courts are not the law
The Supreme Court is presently hearing one of the most important constitutional law cases in recent past i.e., recognition of same-sex marriage, a case that will have significant repercussions for the LGBTQ+ community. Given its importance, the proceedings of the case are being heavily reported and also live streamed in a welcome move. Unfortunately, the... Continue Reading →
The Basic Structure Case and India’s Court Packing Episode
Today marks the 50th Anniversary of the decision in Kesavananda Bharti v. State of Kerala The term ‘court packing’ is referred to as the practice of a government trying to populate the Court with Judges who agree with its policies. It was popularised during the era of United States President Franklin D. Roosevelt who attempted... Continue Reading →
Prime Minister Degree Row: What did the framers think?
Shouldn’t we look at legislators who make the laws as professionals who must have minimum educational qualifications which ensures that they understand and critically engage with the laws being debated in Parliament? To find an answer to this question I went back to the Constituent Assembly debates. The Assembly had voices from both sides i.e., some arguing in favour of educational qualifications while the others stressing on the poor literacy rate in India and the supremacy of practical knowledge over theoretical knowledge to argue against any qualifications. I summarise the key voices in the Assembly in this post, hoping it will give some perspective on this ongoing debate.
Remembering the forgotten architect of our Constitution
Sir Benegal Narsing Rau (Image Credits - Hindustan Times) Today marks the 136th birth anniversary of Sir Benegal Narsing Rau (BN Rau). Most lawyers and law students remember Rau as a footnote in the making of our Constitution, since he served as the Advisor of the Constituent Assembly. Unfortunately, in law school discussions on the... Continue Reading →
Fellow lawyers, outside the Courtroom lose the band and gown
Advocates outside the Supreme Court of India dressed in gowns and bands. (Image Credits - BQ Prime) In a previous post, I had discussed the rising trend of young judicial magistrates having an influential online presence via social media. I had argued that although the lack of regulations allows Judges to be on social media,... Continue Reading →
Public Holiday for Maharana Pratap: What is the Law?
Yesterday, the Madhya Pradesh government announced a state-wide public holiday to celebrate the birthday of Emperor Maharana Pratap. The declaration of a holiday, is another effort by the state government to celebrate the emperor who was known for his bravery and might in his battles against Mughal emperor Akbar. The purpose of this post is... Continue Reading →
Religion, Reform and Khilji: Uniform Civil Code and the Constituent Assembly
Last week, a private member bill (‘UCC Bill’) was moved in the Parliament seeking the enactment of the Uniform Civil Code in furtherance of Article 44 of the Constitution. Article 44 is part of the non-enforceable Directive Principles of State Policy which obligate the state to enact a uniform civil code for the citizens of... Continue Reading →
Revisiting the Constituent Assembly proceedings of 26th November 1949
73 years ago on this day, India adopted its Constitution. The Constitution was a product of years of hard work and sweat of the members of the constituent assembly, who debated and discussed every provision of the draft Constitution and thereafter gave India its own document of governance. This was the final break from our... Continue Reading →