Dodging Secularism: A Deceiving Attempt in Form of the Citizenship (Amendment) Bill, 2016

By: Aditya Saraswat & Anmol Jain INTRODUCTION The NDA-ruled 16th Lok Sabha is due to retire in May 2019. In its last winter session, the ruling party arduously attempted to defend its ‘Sabka Saath Sabka Vikas’ vision by introducing multiple debated legislations amid regular disruptions and walkouts. These include the law criminalising triple talaq; the law provisioning 10% quota for economically poor among the general … Continue reading Dodging Secularism: A Deceiving Attempt in Form of the Citizenship (Amendment) Bill, 2016

Constitutional Limits to Economic Reservations

By: Aparna Singh INTRODUCTION The politics on the reservation has always been fraught with controversies and uncertainties and has sooner or later reached the doors of the Supreme Court. The Constitution (One Hundred and Third Amendment) Act, 2019 (hereinafter ‘The Amendment’) which introduces reservations in favour of “economically weaker sections” (hereinafter ‘EWS’) of citizens is expected to meet the same fate. The Amendment adds Article … Continue reading Constitutional Limits to Economic Reservations

Freedom of Expression Through the National Flag

By: Aamna Nabeeha Naqvi Pandit Jawahar Lal Nehru had said in the constituent assembly, “A flag of freedom not for ourselves, but a symbol of freedom to all people who may seek it.” However, the question is, how much freedom do we have regarding the National Flag. IS IT LEGAL IN INDIA TO WEAR CLOTHES WITH THE NATIONAL FLAG Article 19 of the Indian Constitution … Continue reading Freedom of Expression Through the National Flag

A Gender-Neutral Society & Effective Decriminalisation of Adultery: The Unaccomplished Feats of India

By: Varun Agarwal INTRODUCTION For innumerable centuries, various factors have nurtured the patriarchal mentality in India. Be it Yudhisthira using his wife as a wager or Rama demanding Sita’s Agni-pariksha, mythology has greatly glorified the concept of male dominance. The practice of Sati and Dowry has been prevalent throughout the history of India. Under the guise of the ‘Will of the Supreme’, the Personal Laws … Continue reading A Gender-Neutral Society & Effective Decriminalisation of Adultery: The Unaccomplished Feats of India

Reconciling Nature and Religion: Efficacy of the Cracker Ban, its Implications and the Way Forward (Part 2)

By: Nikhil Reddy Kothakota We have discussed in the previous post, the effect that the cracker ban has on India and the need for a determinative stance to be taken up by the Supreme Court to reduce the conflicts of human rights that have popped-up under these circumstances, i.e., the implications of the cracker ban. Therefore, in the current post, we discuss the way forward … Continue reading Reconciling Nature and Religion: Efficacy of the Cracker Ban, its Implications and the Way Forward (Part 2)

Reconciling Nature and Religion: Efficacy of the Cracker Ban, its Implications and the Way Forward (Part 1)

By: Nikhil Reddy Kothakota Editor’s Note: This blog post is the first in the forthcoming two-part blog series, discussing the recent cracker ban, its history and the unique position that the Supreme Court found itself in, i.e. reconciling various fundamental rights, reconciling religion with the environment. INTRODUCTION Indian jurists have always sought for a reconciliation of our fundamental rights, with interpreting them as pieces of a … Continue reading Reconciling Nature and Religion: Efficacy of the Cracker Ban, its Implications and the Way Forward (Part 1)

On Constitution of Constitutional Benches by the then CJI, Dipak Misra

By: Anmol Jain INTRODUCTION Dipak Misra, CJI, as he was then, has retired as the 45th Chief Justice of India. During his tenure as the master of the roster, he authored multiple path-breaking verdicts including decriminalisation of adultery and same-sex marriage, upholding the vires of the biometric database of the citizens – Aadhaar, judicial restraint on issue pertaining to criminalization of politics, entry of women … Continue reading On Constitution of Constitutional Benches by the then CJI, Dipak Misra

Examining the Contentious Dissent – Hon’ble Justice Indu Malhotra’s Opinion in the Sabarimala Case

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

The Knife Hangs on Section 309: Aftermath of Navtej Singh Judgment

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

The Salience of Mill’s Individualism in the Navtej Singh Johar Judgment

By: Advaya Hari Singh INTRODUCTION On 6th September 2018 the Supreme Court had its “moment of atonement”, a moment which comes seldom in the history of constitutional adjudication. This was the moment when Supreme Court decriminalized Section 377 to allow a marginalized section of the society to truly realize their constitutional guarantees in a democracy. These moments allow the Apex Court to pause and reflect on … Continue reading The Salience of Mill’s Individualism in the Navtej Singh Johar Judgment