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,...

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”)....

In Defence of the Canadian Supreme Court’s Majority – Responding to Arvind Datar and Rahul Unnikrishnan

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...

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...

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...