A dent on Indian secularity, that no longer celebrates diversity

In this guest post, Shivani Vij critiques the Supreme Court's split judgment concerning the Karnataka Government’s order on uniform dress code in schools (the Hijab case). She particularly critiques the judgment of Justice Gupta and highlights its four constitutional fallacies. She argues that both the Judges failed to adopt a reasoning based on equal treatment...

Fundamental rights must be enforced

In this guest post, Shrutanjay Bhardwaj argues that a major challenge facing our Constitution is the Supreme Court’s aversion to Article 32 petitions. He discusses the evolution of this trend and recommends a way out. “It is the remedy that makes a right real. If there is no remedy, there is no right of all,...

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...

Challenging the Appointment of the Chief Justice of India: A New Norm

Swearing in ceremony of Justice D.Y. Chandrachud as the Chief Justice of India Last week, Justice D.Y. Chandrachud took oath as the 50th Chief Justice of India. (‘CJI’) The same week, the Delhi High Court dismissed a petition questioning Justice Chandrachud’s appointment as the Chief Justice and seeking a stay on his oath ceremony. A...

Unpacking the 103rd Amendment Verdict (Part I)

Justice Bela Trivedi upheld the constitutional validity of the Constitutional Amendment. JUSTICE TRIVEDI'S OPINION: STRICT INTERPRETATION & LIMITED ROLE OF COURTS Earlier this week, the Hon’ble Supreme Court delivered its verdict in Janhit Abhiyan v. Union of India, which concerned the constitutional validity of the Constitution (One Hundred and Third Amendment) Act, 2019 (“Constitutional Amendment”)....

Corporal Punishment: Spare the Rod and Spoil the Child, Not Anymore

In a news article in today's newspaper it was reported that a school student in Bambawar village in Greater Noida became a victim to corporal punishment at the hands of his Hindi teacher. The 12 year old student was allegedly thrashed by his Hindi teacher for failing a test. An FIR has been lodged and...

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...

The Governor should have consulted the Advocate General and not the ASG

Punjab Chief Minister Bhagwant Mann and Governor Banwarilal Purohit [Image Credits - Scroll] The Governor of Punjab is at loggerheads with the state government. At this stage, this news is not shocking given the plethora of instances where the Governor of a state (appointed by the central government) has overruled or disagreed with a decision...

Section 354-C of the Indian Penal Code – Offence of Voyeurism

Image Credits - NDTV and Live Law The students of Chandigarh University are currently protesting after a female student allegedly leaked private videos of her hostel mates online. Allegedly, the student took private videos of around 60 girls taking baths in the hostel and shared them with a boy in Shimla, who posted them online....

Students of National Law Universities are protesting

Students of National Law Universities in Sonipat and Jabalpur sitting in protest. The students of premier law universities in the country are on ground protesting against their respective administrations. Students of Dr. Bhim Rao Ambedkar National Law University in Sonipat, are protesting because they have been allegedly made to pay for facilities that have not...