By: Chandni Ghatak INTRODUCTION When the judgment concerning the Sabarimala issue was rendered by the Hon’ble Supreme Court of India, amidst the entire furore over the majority holding, there seemed to linger an ‘Et tu Brute’ sentiment amongst activists, targeted directly towards the dissenting opinion authored by Justice Indu Malhotra. Unfortunately, social media has since then, witnessed a large-scale disappointment being showered upon this dissenting … Continue reading Examining the Contentious Dissent – Hon’ble Justice Indu Malhotra’s Opinion in the Sabarimala Case

By: Digvijay S. Chaudhary The dust has finally settled on the constitutionality of Section 377. The Supreme Court has declared what the public looked forward to since the court raised the question on Section 377 in KS Puttaswamy v. Union of India (hereinafter ‘KS Puttaswamy’). Apart from declaring Section 377 as partially unconstitutional, certain other aspects were discussed in the historic judgment. One such issue opined … Continue reading The Knife Hangs on Section 309: Aftermath of Navtej Singh Judgment

By: Anushka Sharma INTRODUCTION Right to life and personal liberty are two of the most cherished attributes of the modern civilised society and the pertinence of these rights has given rise to the concept of pardon. The concept of pardon in the contemporary setup primarily addresses the issue of the fallibility of the human judgement, which might manifest itself in judicial decisions. It has been observed … Continue reading Judicial Review of Presidential Pardon – Making the Constitutional Provision Redundant?

By: Digvijay Chaudhary In the previous part, we discussed, how the Aadhaar act doesn’t bear the character of a money bill based on previous judgments of the Supreme Court and that the judicial review of the speaker’s decision has also not been barred. Here, we’ll try to figure out how the constitution makers did not intend to bar the judicial review of the speaker’s decision … Continue reading On Aadhaar: Part V (Article 110, Constitutionality of Section 59 and Excessive Delegation)

By: Digvijay Chaudhary When the Aadhaar bill was first introduced in the Rajya Sabha, its nature was not that of a money bill and a few recommendations were made by the Rajya Sabha which advised that the controversial section 57 be dropped and Aadhaar be made voluntary. Both of which were ignored and subsequently Aadhaar was introduced as a money bill and the recommendations of … Continue reading On Aadhaar: Part IV (Aadhaar as a Money Bill)

By: Digvijay Chaudhary The Aadhaar Act (hereinafter ‘the act’) and the Aadhaar project facilitates exclusion. It means that instead of receiving benefits and entitlements as part of the act, people are excluded from receiving such benefits, subsidies and entitlements. To emphasise, entitlements flow from Part IV of the Constitution (Directive Principles of State Policy), not from the act; Article 37 of the Constitution provides that the principles … Continue reading On Aadhaar: Part III (The ‘Exclusion’ Concern)