Seniority is not the ideal norm to determine the appointment of the chief justice of India, but there appears to be no alternative at present.
A new rule mandating a judicial inquiry into every case of custodial death does not account for deaths reported between when the law was amended in 2006 and when the circular was issued in 2016.
Although a law exists that criminalises insulting the national flag, national anthem and the constitution, it does not make it mandatory for a citizen to stand up when the anthem is played. The apex court has thus created a new offence without any legislation to back it.
The standard of ‘beyond reasonable doubt’ is incorrectly applied due to the prevalence of rape myths – prejudicial, stereotyped or false beliefs about rape, rape victims and rape perpetrators.
The Constituent Assembly debates show that those who drafted the constitution did not favour the inclusion of symbols, such as the national anthem, in its text.
The Bill attempts to reflect a change in the perception of institutionalised care but overlooks the wider socio-cultural and psycho-social determinants that impact mental health.
The apex court pronounced the verdict while addressing the petition filed by Karma Dorjee and others following several incidents of hate crimes in Delhi against persons hailing from the northeast.
The manner in which the law is currently being implemented seems to focus more on expeditious operationalisation rather than effective implementation.
The court’s appeal to constitutional patriotism in its order on the national anthem demonstrates a forsaking of intellectual enquiry into political theory and law, and a perilous road to judicial hegemony.
Not only does signal piracy lead to loss of revenue streams for Indian broadcasters, it is also known to have other unintended consequences such as money laundering and violation of foreign exchange regulations.
A report by the Vidhi Centre for Legal Policy found that on an average, a law took 261 days to come into force and 14% of laws took up to 1000 days to become implementable.
Indian Muslims have come a long way since the Shah Bano case in the 1980s; today, there is a vibrant debate within the community on the need for respecting the rights of women in marriage and the family.
Parliament must address the flaws in the current process of removing judges from office, which is riddled with systemic flaws such as the inquiry committee becoming invalid if a member retires or is elevated to the Supreme Court, or if the accused judge resigns or retires.
The advocacy group has released a statement saying it is exploring all possible legal options to challenge the government’s order.
While January – March 2017 will be a voluntary trial phase, Aadhaar verification will be mandatory for senior citizen discounts from next April.
By first limiting and now disallowing the exchanging of old notes for new ones, the state is violating the right to property of those without bank accounts.
The Supreme Court order encroaches on the functions of the executive and legislature, bypassing the checks-and-balances system enshrined in the constitution.
Citing the cinema hall precedent, petitioner wants the national anthem to be played before the commencement of proceedings in all courts across the country.
For some judges, substance is inversely proportional to verbosity. If this trend is not stopped, Indian jurisprudence will permanently suffer.
It is clear that the law requires an active act of disturbance to constitute an offence, but does it include a quiet refusal to stand for the national anthem?
The court also directed that the national flag should be shown on screen when the anthem is played.
A bill which seeks to tax money deposited in banks post demonetisation was passed in the Lok Sabha on Tuesday, within minutes and without any debate.
The court has questioned the use of Devanagari numerals on the new Rs 2,000 notes in response to a PIL that declares the notes are unconstitutional.
Cases are delayed as courts have not been using statutory remedies available to them – an issue that has been noted by the Supreme Court and ex-RBI governor Raghuram Rajan.
A petition filed in the Supreme Court argues that a decision like demonetisation, pivotal to monetary policy, can’t be left to the whims of the Centre.
An HUF entity is against the rights enshrined in our constitution and has become a mere tax planning tool in the hands of tax consultants who advise affluent Hindus.
Once a song has been released in the public domain does it still belong to the artist who created it or does it become the property of all of mankind?
The issue of the notice to Katju ignores the well-recognised legal principle that no one should be a judge in his own cause.
The court dismissed the review petition in the Soumya case before turning its ire on Katju for the language used against the bench in his Facebook post.
Once the Bill is passed, Karnataka will become the first state in India to come out with legislation that protects those who rescue accident victims.
As the SC hears a case on the drug price ceiling, the government is discussing doing away with the National Pharmaceutical Pricing Authority.
NDTV India Could Succeed in Challenging Ban If it Were to Dispute Validity of Cable TV Programme Code Rules
The Hindi news channel is charged with violating certain sub-clauses of the Programme Code, but many of the clauses may not hold up under legal scrutiny.
The channel has pointed out that other channels and newspapers released the same information but were not penalised for the same.
The impressive credentials of the other nominees is proof those countries understand the role international law plays in world affairs – even as India sees the ILC as just another parking slot for a person from the ‘parivar’.
In Sabarimala, the court has an opportunity to set a precedent that firmly entrenches constitutional morality in our political vocabulary and liberates individual rights from the choke hold of group rights.
The Supreme Court’s decision to include women and minors as perpetrators of domestic violence overlooks the ground realities of the lives of women in India.
Weak probes into extrajudicial killings, the failure to prosecute those involved and the absence of a compensation system for the victim’s families shows how the government and courts have failed to take effective measures to end encounter deaths.
The court’s judgment on the alleged extra-judicial killings in Manipur means that police personnel in Madhya Pradesh will be ineligible for any of the defences that encounter cops are generally entitled to.
Moving from ad-hoc to institutional arbitration is the way forward, if India wants to undo the distrust felt by the global trading community.
A two-tier recruitment plan at the magistrate and the district judge cadre level, a process of appraisal for judges and a redressal system for complaints at the higher judiciary level are some ways in which the functioning of the judiciary could be improved.