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19 August 2015
Constitutional law

The justices will have to choose one of many bad optionsDebate around the National Judicial Appointments Commission (NJAC) has often been emotive rather than dispassionate, with the discourse ranging from senior lawyer Ram Jethmalani calling it an “evil absurdity” to attorney general Mukul Rohatgi pointing to judges who habitually turned up late in court as a reason to ditch the existing collegium system to select judges.

26 May 2015
Constitutional law

Connaught PlacePavan Bhushan examines the law relating to what powers the law provides for Lieutenant Governor of Delhi and argues that the bid for Delhi’s statehood has been compromised by the recent fracas.

24 March 2015
Constitutional law

i0bk01fyLegal scholar Nick Robinson explores how (and if) the proposed new commercial fast-track courts might work.

20 March 2015
Constitutional law

Legal issues with the story of [redacted]?Lawyer Nandita Saikia argues that the controversial BBC documentary on the Delhi gang rape, India’s Daughter, is flawed though no more than our society itself.

25 February 2015
Constitutional law

Saurav Datta discusses the authorities’ weak case for refusing Prashant Bhushan a full 10-year passport renewal.

20 February 2015
Constitutional law

Oh myThe Bombay high court earlier this week restrained the police from arresting AIB members, because their comedy was vulgar but not obscene. What's the difference? Gautam Bhatia explains…

21 October 2014
Constitutional law

Advocate KV Dhananjay argues that a recent decision of the Karnataka high court in one of his cases amounts to a rewriting of the Constitution of India, which is without parallel or precedent in the constitutional history of India.

16 June 2014
Constitutional law

The Maharashtra government is dropping a provision in the Bombay Police Act 1951 that allowed dance performances in “exempted” establishments like three-star and five-star hotels but banned it elsewhere, and proposing to have a blanket ban on dance bars in the state, reversing the Supreme Court’s July 2013 ruling, reported the Express.

The Supreme Court had categorically told the state in its July ruling that the restrictions on dance bars in the Bombay Police Act were not reasonable under Article 14 of the Constitution, and that it would be better to bring about safety measures and improve working conditions for dance bar girls.

28 April 2014
Constitutional law

Chetan GuptaThe upcoming curative petition against the reversal of Naz has equally, if not more, dismal prospects of bringing a desired result as the review of that judgment which was dismissed unsurprisingly, argues Delhi advocate Chetan Gupta.

06 February 2014
Constitutional law

Disability rights: Being mincedMembers of Nalsar Hyderabad's Centre for Disability Studies have marked up the leaked draft of the Cabinet’s watered-down Disability Rights Bill 2013, explaining in detail some of the sections that they feel makes “mincemeat” of the rights of disabled persons.

05 February 2014
Constitutional law

Faizan MustafaNalsar Hyderabad has called on politicians to scrap the cabinet draft of the Disability Rights Bill that was leaked to activists in late January 2014, and which undoes much of the positive proposals put forward in the original committee’s codification of the United Nations Convention on the Rights of Persons with Disabilities that India ratified in 2007.

31 January 2014
Constitutional law

l0umjcrsCountering Alok Prasanna Kumar’s counter-argument earlier this week, Sudhir Krishnaswamy and Shishir Bail counter that a presidential reference remains the best course of action to remedy the Supreme Court’s reversal of the Delhi high court’s judgement that struck down section 377.

28 January 2014
Constitutional law

Advocate Alok Prasanna Kumar argues against a presidential reference as a tool to cure Koushal v Naz, as suggested in a previous column by Sudhir Krishnaswamy and Shishir Bail.

Today the Supreme Court has rejected a review of its own Section 377 judgment. A curative petition too will likely end in failure, given the high rate of rejection for review and curative petitions. But while there is much wrong with the Koushal v Naz judgment, we should not give in to the temptation that Section 377 cannot be struck down by a Constitutional Court and must instead be left to Parliament to repeal. For one, there isn’t even a cogent argument to that effect you will find on reading the Supreme Court of India’s judgment in Koushal.

20 January 2014
Constitutional law

KrishnaswamySudhir Krishnaswamy and Shishir Bail argue that a presidential reference against the Supreme Court’s reversal of the Delhi high court’s judgement in Naz, is strategically superior as it provides the court with the institutional process and scope for enquiry that is necessary to address the critical constitutional questions that have arisen through the Supreme Court’s judgement that overruled the lower court.

19 December 2013
Constitutional law

Ganguly The way will soon be clear for the President to ask for an inquiry into sex harassment allegations against the ex-judge. Question is, how, if at all, would it stick under law?