(In an upcoming series of guest posts, Karan Lahiri argues that, properly interpreted, Article 16 of the Constitution not only permits, but actually casts an affirmative duty upon the State to ensure the adequate representation of backward classes of citizens in public employment.) — As this blog al...
Constitutional Law
Previously on this blog, we have discussed in detail the pending constitutional challenge to the Haryana Panchayati Raj Act, which imposes educational, property and debt-based disqualifications upon candidature in local government elections. Part of the argument has focussed upon the link between th...
November 9, 2015 · 8:22 pm Previously on this blog, we have discussed the doctrine of unconstitutional conditions (government may not make the grant of a privilege conditional upon the relinquishment of a fundamental right, even though there is no prior obligation upon it to accord the privilege in ...
Supreme Court Advocate K.V.Dhananjay points to a criminal procedural provision that has horribly gone wrong in India. Section 53-A of the Criminal Procedure Code, 1973 allows the police to use reasonable force to subject a person accused of rape to a medical examination. The scope of such a medical ...
Appointments of Judges…Collegium verses Appointment Commission…what next: The recent judgment of the Supreme Court shocked the whole of India as it struck down the provisions of NJAC (national judicial appointments commission) unconstitutional and consented the continuation of collegiums system wher...
The Supreme Court passed an order dated 11 th August 2015 declaring that it is not mandatory for the citizens to obtain Unique Identity Number popularly known as Aadhar Card. This order was passed in the light of the petitions which arose against the interim order passed by the Supreme Court in Sept...
The Delhi High Court held yesterday, in United Rwas Joint Action v. Union of India and ors ., that the Comptroller and Auditor General cannot be entrusted the audit of DISCOMs in Delhi, under Article 149 of the Constitution of India read with the duties laid down under the CAG Act, 1971. The allegat...
I’ve just finished reading a fascinating paper titled ‘Proportionality and Invariable Baseline Intensity of Review’, by Professor Cora Chan. The paper deals with judicial review standards of legislative action under the UK Human Rights Act, and addresses many of the issues that we have touched upon ...
Supreme Court Advocate K.V.Dhananjay asks if it is appropriate for dissenting Justice Chelameswar to participate with the majority-judges in the ‘Collegium Reformation’ hearings set for 3rd November, 2015. He says that Justice Chelameswar’s participation in it could muddle and confuse his dissenting...
October 28, 2015 · 9:32 am Today, the Supreme Court finished hearing arguments and reserved judgment in constitutional challenge to the Haryana Panchayati Raj Act, bringing to an end a protracted judicial process that began last year with the passage of a similar ordinance in Rajasthan. On this blog...
October 28, 2015 · 9:32 am Today, the Supreme Court finished hearing arguments and reserved judgment in constitutional challenge to the Haryana Panchayati Raj Act, bringing to an end a protracted judicial process that began last year with the passage of a similar ordinance in Rajasthan. On this blog...
Supreme Court Advocate K.V.Dhananjay argues that even young children have constitutional rights and that they deserve protection from being tutored about flawed scientific theories in their school curriculum. In this piece, Dhananjay argues that the Darwin’s Theory of Evolution is inappropriate for ...
On October 27, final arguments before the Supreme Court will resume in the Haryana Panchayati Raj Amendments case, dealing with the constitutionality of educational, property and debt disqualifications upon the right to run for elected office. On this blog, we have covered the issue extensively. In ...
On October 27, final arguments before the Supreme Court will resume in the Haryana Panchayati Raj Amendments case, dealing with the constitutionality of educational, property and debt disqualifications upon the right to run for elected office. On this blog, we have covered the issue extensively. In ...
The thing with independence is that it’s very hard to get it back once it’s been lost. Likewise, the National Judicial Appointments Commission (NJAC) genie, once unleashed, would have been very hard to tame were it to ever run amok in one, 10 or 100 years from now. That must have weighed heavily on ...
While re-reading Justice Chelameshwar’s dissenting opinion in the NJAC Judgment, I just came across – what seems to me to be – a rather significant observation. In paragraph 85, Justice Chelameshwar writes: “Article 326 prescribes that election to Lok Sabha and the Legislative Assemblies shall be on...
While re-reading Justice Chelameshwar’s dissenting opinion in the NJAC Judgment, I just came across – what seems to me to be – a rather significant observation. In paragraph 85, Justice Chelameshwar writes: “Article 326 prescribes that election to Lok Sabha and the Legislative Assemblies shall be on...
Mr.Modi’s announcement of Bose files disclosure is a hoax? Supreme Court advocate Mr.K.V.Dhananjay argues that the Prime Minister’s announced future disclosure of Subhash Chandra Bose files appears to be a mere political gimmick. And, he suggests that the concerned lawyers could come together to str...
The much awaited judgment in the NJAC case [Writ Petition (Civil) No. 13 OF 2015 Supreme Court Advocates-on-Record -Association and another v. Union of India] has been pronounced by the 5 judges bench of the Hon’ble Apex Court . The court has struck down The Constitution (Ninety-ninth Amendment) Act...
In a landmark judgment today, the Supreme Court struck down the 99th Constitutional Amendment for being ultra vires the basic structure of the Constitution. The 99th Amendment was intended to replace the “collegium” system, in which the three senior-most judges of the Supreme Court had the final say...