Category: Constitutional Law
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Arnab Ranjan Goswami v. Union of India: An order bad in law?
The Indian media has yet again stirred up a tornado of controversy and this time it has taken the Supreme Court in its eye. The Editor-in-Chief of Republic TV, Mr Arnab Goswami, moved the Supreme Court under Article 32[1] seeking an order for quashing more than 16 FIRs filed against him for allegedly making defamatory…
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Hoardings by Uttar Pradesh Government: The Constitutional Angle
General Background The Indian Parliament recently passed a new legislation “The Citizenship Amendment Act 2019” (CAA) through which religiously persecuted minorities from three countries namely Pakistan, Bangladesh and Afghanistan who have come to India before 31st December 2014 will get ‘easy’ citizenship. The chaos started when some leaders in the opposition linked CAA with National…
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Contempt of Court v. Freedom of Speech & Expression
It was rightly said by John Milton that for establishing any liberal society it is necessary to give the right to freely express their views and opinions to members of the society. It acts as a precursor for the smooth conduct of any democratic society. With this regard, Article 19(1)(a)[1] of the Indian Constitution guarantees…
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Analysing the Constitutionality of the Marital Rape Exception under IPC
While Indian rape laws have been amended several times, most notably after the infamous Tukaram v. State of Maharashtra,[1] and more recently after the Delhi gang-rape in 2012, one particularly contemptible colonial vestige has managed to survive these amendments. This is Exception 2 to Section 375 of the Indian Penal Code, often referred to as…
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What will prevail: The Fundamental Right to choose a Life Partner or Honour Killing?
The recent judgement by the Supreme Court in the case of Shakti Vahini vs Union of India comes with an air of finality on the proposition which has lingered over for long. The NGO had approached the court to seek remedy in cases of honour killings wherein the three-judge bench emphatically stated that the fundamental…
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Co-operative Federalism: An Indian Perspective
What is Co-operative federalism? Co-operative federalism, in general terms, is a concept wherein the federal government, state government, and local government interact co-operatively and share their responsibilities in the governance. Corwin defines co-operative federalism thus: “The States and National Governments are regarded as mutually complementary parts of a single governmental mechanism all the whose powers…
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