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 →
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 →
Remembering Ambedkar’s Last Speech in the Constituent Assembly
26th November is celebrated as the Constitution Day in India as on this day the Constituent Assembly adopted the newly drafted Constitution of India. Dr. B.R. Ambedkar was the Chairman of the Drafting Committee in the Assembly, the Committee responsible for preparing a draft constitution for India. This draft was then debated in the Constituent... Continue Reading →
The times our Judges were attacked, physically
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 →
The Constitution of India does not provide for Referendums
Delhi Chief Minister Shri Arvind Kejriwal has recently called for a referendum on the issue of freebies. India is currently debating the need for freebies/free benefits to its citizens. At the time of writing this article, the Indian Supreme Court is hearing a PIL seeking directions to regulate freebies/free benefits promised in the poll manifesto,... Continue Reading →
The Solicitor General for India: Origin, Role and Limitations
The current Solicitor General for India - Shri Tushar Mehta (Image Credit- Bar & Bench) The Supreme Court of India has been in the news as of late. The Court has heard and continues to hear some interesting petitions and challenges. These include the petition by Alt News Founder Mohammed Zubair to quash the FIR... Continue Reading →
When the Supreme Court sat outside New Delhi
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 →
44 years of the 44th Amendment
The Parliament of India 15 May holds a very special place in the annals of India’s Constitutional History. Just like December 1946 when the Constituent Assembly met to decide the fate of the Indian Constitution, on 15 May 1978, the Parliament saw the introduction of India’s Mini-Constitution i.e., the Constitution (Forty-Fourth Amendment) Act, 1978. This... Continue Reading →
The time when a sitting President deposed before the Supreme Court
The last week of April holds a very special place in the chapters of Indian legal history. On 24th April 1973, the Supreme Court delivered the judgment in Kesavananda Bharti v. State of Kerala (the lengthiest and arguably its most important till date), wherein it held that the parliament while amending the Constitution cannot change... Continue Reading →