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(In Part II of this series, Karan Lahiri continues his argument about the interpretation of Article 16 of the Constitution)—In the last post, I introduced the concept of “power coupled with duty”. In this part, I talk about a batch of...
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(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...
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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...
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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...
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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...
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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 where appointment...
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The Supreme Court passed an order dated 11th 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...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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