Chief Justice of India under the Ambit of the RTI Act

Recently, the Constitution Bench of the Supreme Court of India (SC) ruled that the office of the Chief Justice of India (CJI) would come under the ambit of the Right to Information Act, 2005 (RTI Act), as CJI is a public authority under the RTI Act. The declaration of assets by ministers and legislators provide the citizenry with more…

Supreme Court on Religious Practices

The Supreme Court’s five-judge constitution bench has decided to refer the Sabarimala temple case, clubbed with other 3 pending cases broadly related to the rights of women in the sphere of religion, to a larger 7-judge Bench. This leads the apex court into potentially dangerous and conflicting territories. The new bench has been tasked with finding the balance between the Right to…

Re-imagining: Cognizable Offences

Since one is presumed innocent until proven guilty, the criminal justice system is often faced with a dilemma that is, honouring the individual’s right on one side and effective law enforcement on another side The ideal criminal law would need to empower police to arrest suspects. However, this power must be qualified, so as to…

The collegium system

The collegium system The collegium system for appointment of judges to higher judiciary only came into existence following the Supreme Court’s judgment in what is known as the Second Judges Case (1993). Constituent assembly gave a central role to the Judiciary: These issues concerning the system employed to appoint judges to the Supreme Court and…

Beyond Gender Binaries

Context: A judgment made by the Madras High Court and an order issued by the government of Tamil Nadu aims to protect the freedom of intersex infants and children to choose their gender identity. The Court Verdict: A trans-woman and her husband had approached the Madurai Bench of the Madras High Court with a plea to instruct authorities to register their marriage. In April,…

Jurisprudence of the judicial rubber stamp

Context In August 2019, amendments to the Unlawful Activities (Prevention) Act (“UAPA”), India’s signature anti-terrorism legislation, allowing the Central government to designate individuals as “terrorists”, caused a furore. Critics warned that vesting such sweeping powers in the hands of the political executive would prove to be a recipe for abuse, and for political and social…

Amnesty and Sedition Charges: Is It Vali

The notorious Section 124A of Indian Penal Code is back into limelight and this time Amnesty International India in Bangalore has been booked under this section. An event was organized as a part of its campaign for seeking justice against human rights violations in Jammu and Kashmir which ended with some heated arguments and slogans.…

L-G can’t claim immunity, says CIC

Issue Central Information Commission (CIC) has directed the L-G of Delhi and Union Home Ministry to disclose the report on the basis of which Delhi Assembly was dissolved in November 2014. L-G cannot claim immunity The information sought here is a report sent by the UT Administrator to Union Government or President. L-G cannot claim…

Why we must have the right to choose death

Livemint Issue: Legal provisions for euthanasia The proposed Medical Treatment of Terminally-Ill Patients (Protection of Patients and Medical Practitioners) Bill regarding passive euthanasia—its draft is posted on the health ministry website for public feedback—is one such instance. It is a step in the right direction, even if it has shortfalls to be addressed. The question…

A blow against free speech

Article Link In a landmark verdict, the Supreme Court recently turned down a clutch of petitions challenging provisions of criminal defamation under the Indian Penal Code. The Supreme Court has ruled that the provisions are valid and do not violate the Constitution. The apex court’s verdict will have a significant effect particularly on politicians, activists…