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constitution bench

05 February 2016

Even as the Supreme Court is yet to upload its order referring the curative petitions filed by Naz Foundation and others to the five Judge Constitution bench, a debate has already begun over the scope and composition of the bench among observers.

15 January 2016

History was made today, with three Constitution benches sitting at the same time in the Supreme Court at 2 pm.

11 January 2016

Two very important cases related to the power to appoint teachers and rules on when special leave petitions (SLPs) should be entertained, are scheduled to be heard by two Supreme Court’s constitution benches today under CJI TS Thakur’s new constitution bench schedules.

06 August 2015

The hearing of this case continued yesterday with Rakesh Dwivedi, counsel for both Tamil Nadu and West Bengal in the Rajiv Gandhi assassination case, arguing the whole day that state governments should have the power to suspend or remit sentences or exercise mercy by using their own discretion.

06 February 2015

Constitution: Uncared forA group of lawyers analysed 884 judgments handed down by the Supreme Court in the 2014 calendar year and found that only 64, or 7 per cent, involved any substantive constitutional issues.

07 May 2014

A five-judge constitution bench of CJI RM Lodha and justices HL Dattu, Chandramauli KR Prasad, Madan B Lokur and MY Eqbal ruled in favour of the Tamil Nadu government that the Kerala government must not restrict the water levels in the Mullaperiyar dam.

The bench said that the Kerala law from 2006 was unconstitutional because it violated the doctrine of separation of powers and interfered with the judiciary, which before the law was passed had ordered to raise the dam's water level, reported the Indian Express and The Hindu.

The Supreme Court has now set up a supervisory committee to oversee the raising of the water levels. [Judgment (PDF 158 pages)]

06 May 2014

The Supreme Court has upheld the validity of the Right to Education Act under Article 15(5) and 21-A of the Constitution about compulsory education to six to 14-year-olds.

Sitting in two related cases, the constitution bench of CJI RM Lodha and justices AK Patnaik, Dipak Misra, SJ Mukhopadhaya and Ibrahim Kalifulla also ruled as valid the Right of Children to Free and Compulsory Education Act 2009, and the Right of Children to Free and Compulsory Education Rules 2010, reported The Hindu.

See RTE Judgment: Pramati Educational and Cultural Trust judgment.

In a second education case, the bench decided that the Karnataka government could not force non-Kannada native speakers to use Kannada as the main medium of instruction in primary schools, reported the Hindu.

See: State of Karnataka Associated Management of Primary and Secondary Schools judgment.

23 April 2013

Gujarat High CourtThe amendment aimed to make forming co-operatives a fundamental right to limit state interference.

09 July 2011

image Constitutional law expert and senior counsel KK Venugopal has represented the Travancore royal family in the Supreme Court, submitting that they did not intend to claim possession over the contents of the “public temple” that may be worth up to $22bn.

05 March 2010
The Bombay High Court has held in a recent land mark judgment on the cost of imported wines that state governments are not required to comply with the understanding between nations under international treaties unless the legislature enacts a law to reflect the principles agreed under such treaties.
25 January 2010

As citizens, observers and above all individuals who have the potential of being harbingers of social change, we have thoughts and avowed beliefs in the state of Indian democracy aplenty. But those vary between euphoric ideals which bind us together and the stark realities which force us to question those very fundamentals.  

Today, on the eve of India's 60th year as a Republic, I was drawn into thinking about the man who gifted us our constitution – Bhimrao Ramji Ambedkar – a great statesman, democrat, administrator and the first law minister.

I also instantly recalled Ambedkar's warning, which is discussed by eminent historian Ramachandra Guha's article "Ambedkar Desiderate" in a special issue of Outlook magazine:

There was "nothing wrong", said Ambedkar, "in being grateful to great men who have rendered life-long services to the country. But there are limits to gratefulness." It worried him that in India, "bhakti or what may be called the path of devotion or hero-worship, plays a part in its politics unequalled in magnitude by the part it plays in the politics of any other country in the world. Bhakti in religion may be a road to the salvation of the soul. But in politics, bhakti or hero-worship is a sure road to degradation and to eventual dictatorship."

The write-up and especially that excerpt made enough sense for me understand that greatness lies not in idolisation of a person, but rather in imbibing the cherished concept of what makes the nation great.

The "Ambedkar Desiderate" article encapsulates the contemporary problems stemming from historically prevalent dogmas and exigencies that have governed and continue to dominate our socio-political existence in India.

A look at our constitution offers a glimpse of India's history and the important events that shaped it and the way it shaped our society.

Some birthday facts about the Indian constitution:

  • The Constituent Assembly took two years, eleven months and seventeen days to complete the task of drafting the Constitution spread through eleven sessions covering a total of 165 days.
  • Late in the evening of 14 August 1947 the Assembly met in the Constitution Hall and at the stroke of midnight took over as the Legislative Assembly of an Independent India. 
  • The Drafting Committee under the chairmanship of Dr B R Ambedkar was formed on 29 August 1947 to prepare a Draft Constitution for India.
  • A total of 7,635 amendments that were tabled, the Assembly moved, discussed and disposed of as many as 2,473.
  • The Constitution of India was adopted on 26 November 1949 and 284 out of 299 members appended their signatures to it on 24 January 1950.
  • The Constitution of India came into force on 26 January 1950, since then the Assembly ceased to exist, transforming itself into the Provisional Parliament of India until a new Parliament was constituted in 1952.
  • It is the longest written constitution of any sovereign country in the world, containing 395 articles in 22 parts, 14 schedules and 94 amendments.

In honour of the Constitution's 60th birthday, do you think the document has achieved what its writers had set out to do? Where has it failed us and where have we failed it? And what is our role as lawyers to help it change and adapt?