Procedure for Conferring the Bharat Ratna

Today marks the 115th birth anniversary of India’s hockey legend Major Dhyan Chand. In his honour, the day is celebrated as the National Sports Day in India. Since morning, tributes have poured in for the legend and some quarters have demanded that he should be conferred with India’s highest civilian honour i.e. the Bharat Ratna....

Judgment convicting Prashant Bhushan for Contempt: Some Reflections

Picture Credits- Live Law On 14 August, 2020 i.e. a day before India’s 74th Independence Day, the Hon’ble Supreme Court of India convicted advocate Prashant Bhushan for the offence of Contempt of Court. Mr. Bhushan was found guilty for two of his tweets wherein he had made remarks on the incumbent Chief Justice of India...

15 August- Bombay High Court and a Supersession

[Happy 74th Independence Day to my fellow Indians!] 74 years ago, India attained independence from its erstwhile colonial masters. On the eve of 15 August 1947 Pt. Jawaharlal Nehru (first Prime Minister of India) made his famous ‘Tryst with Destiny’ speech wherein he remarked that ‘at the stroke of the midnight hour, when the world...

The 39th Amendment and the Tribunal that tried the Prime Minister

10 August 2020, marks the 45th anniversary of the Constitution (Thirty-Ninth Amendment) Act, 1975. The Constitutional Amendment was passed during the infamous Emergency in India, with the aim of nullifying the Allahabad High Court’s judgment which had quashed Mrs. Indira Gandhi’s election on grounds of electoral malpractice. The Amendment took away the power of the...

Student Welfare trumps Centre-State impasse over University Campus

The Parliament in the year 2007 enacted the National Institute of Technology, Science Education and Research Act to bestow on certain institutions the tag of ‘Institute of National Importance’. The aim of the Act was to ensure that these institutes work towards advancement of learning and dissemination of knowledge, in their respective fields. The Act...

The Demand for a Presidential System of Governance in India

Eminent Scholar and Member of Parliament Dr. Shashi Tharoor in a recent article has argued that India should move to a presidential system of governance, from the present parliamentary system. The premise of his argument is that a parliamentary system produces governments which focus more on politics rather than their actual performance of serving the...

Referendums and the Indian Constitution

Earlier this month, Russia voted on an important referendum that brought significant changes to its Constitution. The Russians decided to grant President Putin the option of leading the country until the year 2036, by limiting a President’s Rule to two six-year terms in total rather than two consecutive terms. They also voted to effectively ban...

There was a Somerset, long before Dred Scot!

Last month, Americans were on streets protesting against the tragic murder of George Floyd, an African-American national who died due to police brutality. Floyd’s episode gave rise to questions about racism and status of other races (particularly African Americans) in USA. One cannot talk of African-Americans without bringing up the infamous case of Dred Scott...

Revisiting the Infamous Emergency and its Impact on the Legal Community

45 years ago, on this day, the central government led by Late Mrs. Indira Gandhi imposed the infamous National Emergency in the country (“Emergency”). The Emergency lasted for 21 months and is considered to be one of the darkest phases of independent India. It saw widespread human rights violations, censorship of the press, rampant arrest...

Rajasthan HC’s Judgment on Supremacy of a Woman’s Autonomy in matters of Abortion

Article 21 of the Constitution of India guarantees to every person the Right to Life and Liberty. The Courts have interpreted the Article to include the Right to Reproductive Choices. In particular, the Article allows a woman to decide whether she wants to procreate or not. This Right is not absolute and is limited once...