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,...

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”)....

Telangana High Court’s progressive decision on Law of Abortion

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...

Indian or Canadian? Understanding India’s law on citizenship, in light of Bollywood Star Akshay Kumar’s citizenship row

It has been rightly said that citizenship is the chance to make a difference to the place where you belong. Being citizen of a country entitles an individual to several privileges and rights, which she/he can exercise to contribute to the nation’s building. For instance, in India only citizens have freedom of speech and expression...

The Sabarimala Verdict: Praise and Criticism

The Hon’ble Supreme Court of India, this Friday passed a verdict which has been hailed as a judgment in the right direction contributing significantly to the jurisprudence related to equality and dignity in India. The Court by a 4:1 majority struck down the prohibition on women from entering the Sabarimala temple. The judgment running over...

[Part I] Fundamental? Constitutional? Statutory? Understanding the nature of the Right to Vote in India

[In this two part post series, I shall be discussing the nature of the Right to Vote in India. In this part I shall provide an overview of the nature of rights in India and where does the Right to Vote fit.] Elections are extremely important for any democracy as they allow the voters an...