The Judiciary regularly steps into the domain of the Executive and Legislature, but it’s interference only hampers the common man. The Indian Judicial System is remarkably powerful: Its appointments, contrary to Constitutional structure is carried out by senior Judges. It regularly carries out policy interventions, orders executive action and more: India is effectively a Kritarchy, a State ruled by Judges. From deciding where Bars and Liquor shops can function to what measure

wrote an article regarding the origins of Article 26 of the Constitution of India. The article is a well written one, and should ideally be read by every law student ought there.  Those who are interested in the Sabarimala Judgement should also read the article. Now, to quote from his article: “If the group does not satisfy any limb of the three-fold test, it would not be a religious denomination.  Thus, it is indeed rather strange that a Hindu “religious denomination” will b

A still from the film Gandhi (1982) “There are unjust laws as there are unjust men” ~ from the film Gandhi (1982) Background:This article on the Volokh Conspiracy, titled ‘Why we shouldn’t “just enforce the law'”. I Enacting and enforcing law is the primary reason for the existence of the state. The state itself is a mechanism that human society has ‘evolved’ to ensure societal growth and progress. The State is therefore a servant to societal needs and wants. A state which is

Brajeshwar Prasad, Communist/Congress man. The constituent assembly debates is full of quirky comments and sharp remarks, and some genuinely perplexing comments. One such person is Shri Brajeshwar Prasad, a Congress man who later became a 3 term Member of Parliament from Gaya, Bihar. It is while reading the Constituent assembly debates on right to property, I came across the speeches of Shri. Brajeshwar Prasad, whose arguments on right to property are hilarious as well as fri

The quandary that the Supreme Court as an institution has led itself into is not one that sprang up over the last two weeks or so. It is a problem that goes to the very root of our constitutional structure. The current crisis may eventually blow over, but the deep seated institutional lacunae that exists in the highest court of the land cannot be resolved through a tea. The conflict that has arisen between the 4 senior judges of the court and the Chief Justice seems to be bas

The Spectator Index tweeted this, on judicial independence: I found it very interesting and amusing — what criteria did they use to measure judicial independence? and how did they arrive at such an abysmally low rank like 54 for India, which is just 2 ranks to the authoritarian China? This is very amusing to say the least — the judicial system in China exercises practically no independence, and kowtows to the demands of the Communist Party of China. In comparison, the Indian

One of the most atrocious features of the Indian Legal system is its tendency to complicate itself. The legal system, far from acting as a resolver of disputes, accelerates and perpetuates it. While Indians are a litigious bunch, nothing justifies the extraordinary amount of backlog that our judicial system has. While there are various tribunals, adalats and alternative courts set up to ensure that the legal system is more efficient, they conclusively fail in their objective.

A photo from the release of the MASUKA Act, on July 7 (Credits: The Quint) Recently, the Mainstream English Media has been tirelessly pushing the “lynchistan” narrative which is aimed at maligning the Narendra Modi-led Union Government. While there are arguments made for and against the narrative, I will not further muddy the waters, as my article is regarding the stupidity of Maanav Suraksha Kaanon (MASUKA) Act, (read the Draft here) which has been born out of the wider “#No

The law has its limits, and recognizing them is essential. Members of every profession are inclined (or made to) believe that sans their profession, civilized society would collapse. This is either inculcated by oneself, and if that fails, by the respective system that revolves around the profession. Doctors, Engineers and Lawyers all fall prey to this syndrome. I myself have seen this inclination among the members of the legal fraternity, when they vastly inflate their own i

Or alternatively, “An abolitionist’s case against triple talaq”/a response article to an article advocating the retention of triple talaq. This article is the definite case of triple talaq apologia that has sprouted out many a times from many in the wake of the triple talaq debate. Just a day before, Manu Joseph wrote an article on how triple talaq is not really that different from how “modern couples” split. The former article advocates the promotion of “community rights” ov