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 →
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 →
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 →
My first visit to the Supreme Court, left me perplexed. The security arrangements required an individual to obtain a pass, undergo frisking and scanning of bags, and keep her/his cell phone away or put it on silent mode. The arrangements made me wonder why heavy security is deployed in the Court. Research pointed out that... Continue Reading →
Recently, the Delhi High Court heard an interesting Public Interest Litigation (‘PIL’) petition. The PIL was filed by politician and serial litigator Ashwini Kumar Upadhyay and sought action against mass religious conversions. The content of the petition consisted of information and data procured from social media. The poor research forced the Court to remark, “Where... Continue Reading →
The Supreme Court of India The Supreme Court of India recently upheld the constitutionality of the National Green Tribunal Act, 2010 (Madhya Pradesh High Court Advocates Bar Association v. Union of India, W.P. (C) 433 of 2012). The petition had challenged the constitutionality of Section 14 read with Section 22 of the Act, which provided... Continue Reading →
Recently, the Bombay High Court made some interesting observations while hearing a Public Interest Litigation petition (‘PIL’) filed by a BJP MLA, challenging the state government’s notification which amends the rules governing the election of the state assembly’s speaker. The amended rules permit only the Chief Minister to advise the Governor on the election of... Continue Reading →
The internet has been abuzz with news concerning Hon’ble Justice Gogoi’s recent autobiography ‘Justice for the Judge’. The buzz is understandable given the Judge’s polarizing past and the contentious issues the book deals with. There is significant writing (mostly negative) about the book already which got me wondering, how can a book be so reviled?... Continue Reading →
Recently, the Canadian Supreme Court delivered a significant verdict on the issue of whether unwritten principles of the Constitution can be used to strike down legislations [Toronto (City) v. Ontario (Attorney General), 2021 SCC 34]. While the minority ruled in the affirmative, the majority in a close 5:4 verdict held to the contrary. In... Continue Reading →
Image Credits - Scroll Earlier this week, the Telangana High Court delivered a significant judgment dealing with the law on abortion. The Court was approached by a 16-year-old minor girl (through her guardian) seeking a direction for termination of her 26 week long pregnancy. In a surprisingly, pro-choice or pro-mother verdict (if we may call... Continue Reading →
The 'Basic' Structure 