One of the most common query doing the rounds on blogs and otherwise after the Naaz Foundation verdict has been the applicability of the said decision outside Delhi.
The mainstream media especially the TOI through Manoj Mitta has made one and all aware of para 22 (SCC) of Kusum Ingots which reads thus:
22. The Court must have [...]
In the run up to the Delhi High Court pronouncing its judgment in the constitutional challenege to Sec. 377 of the IPC, TOI highlights the views of various law commisions on the issue.
The most encouraging of these are the views of the 15th Law Commision headed by Justice B.P. Jeevan Reddy which sought to shift [...]
Come tomorrow and India will have a new Chief Election Commisioner (CEC), Mr. Naveen Chawla. He takes over this high office at a time when the elections to the Lok Sabha are underway and after having had a few months of controvertial existence; courtesy an adverse recommendation by the outgoing CEC Mr. N. Gopalaswami. This [...]
So much for the broad brush criticism of judicial activism, the recent events in Mumbai are a case in example for how the common man is compelled to subscribe to judicial romanticism so as to survive with dignity.
Less than a month after the Bombay High Court had pulled up the Maharashtra Government for its overt [...]
Last week it seems the Central Govt has remembered its duty “to protect every State against external aggression and internal disturbance and to ensure that the government of every State is carried on in accordance with the provisions of this Constitution.”
A. G. Noorani recounts the origins of the Article in a write up in The [...]
The 5 judge constitution bench of the Supreme Court has almost unanimously upheld the 93rd constitutional amendment and the Reservation Act pursuant thereto which enables the Government to have reservations for OBCs in premier educational institutions among others.
The court though has qualified its sanction to these reservations by stating :
1. The Creamy layer has to [...]
The Indian Constitution provides for parliamentary privileges to the Houses of Parliament and the State legislatures making a reference to relevant British practices as may be amended.
The Parliament in Britain had its own history and thus a clear necessity of the same for myriad reasons and situations. Indian parliamentarians have written their own history over [...]
The Supreme Court today issued notices to the Government over a challenge to provisions of the Representation of People Act whereby a political formation seeking registration as a political party under the Act had to necessarily swear allegiance to ’socialism’.
Incidentally the Petitioners (Good Governance India Foundation) had also sought to question the constitutionality of the [...]
The UPA has done in Nagaland what it did to a BJP Govt in Goa in Feb 2005; a vote of confidence not going its way, proceed to dismiss the government.
No doubt the vote of confidence in Goa in Feb 2005 or in Nagaland on Dec 13, 2007 was not without contention.
But the law on this situation [...]
A three judge bench of the SC today dismissed a PIL filed by one Mr. Ramamurthi seeking a direction from the Court to the Government to place the deal for the scrutiny of the Parliament.
This is not surprising considering that similar petitions having been dismissed by the SC and the Delhi HC right after the [...]
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