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Journalism of Courage

Ajoy Sinha Karpuram

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Shashi Tharoor

Asad Rehman

Mahender Singh Manral

More From Ajoy Sinha Karpuram - Page 9

Sita & Akbar: How names of two lions became the reason for a plea in Calcutta High CourtSubscriber Only

February 23, 2024 15:07 IST

VHP said the naming was an assault on Hindu religious beliefs. The HC advised the state to avoid controversy. Here's what happened in court

Fri, Feb 23, 2024

Fali S Nariman: 9 notable cases of the late juristSubscriber Only

February 21, 2024 13:33 IST

Fali Nariman had been part of several landmark cases which paved the way for the evolution of Indian constitutional law. Here is a look at some of these cases.

Thu, Feb 22, 2024

Money Bill: New Parliament building in new Delhi on Sunday.

What are Money Bills and why are they the subject of a constitutional challenge?Subscriber Only

February 20, 2024 16:12 IST

Money Bills provide a fast-tracked option for the enactment of laws by Parliament. But not all Bills can be categorised as money Bills. What are the criteria, and why has the Supreme Court been tasked with clarifying them?

Fri, Feb 23, 2024

Law Commission recommends mandatory registration of NRI, OCI marriagesSubscriber Only

February 16, 2024 15:25 IST

The Law Commission, in its 287th report, proposes making these changes by revising the pending Registration of Marriage of Non-Resident Indians (NRI) Bill, 2019.

Fri, Feb 16, 2024

Why did the Supreme Court strike down the Electoral Bonds Scheme?Subscriber Only

February 15, 2024 19:42 IST

“Information about funding of political parties is essential for the effective exercise of the choice of voting,” Chief Justice D Y Chandrachud said in his ruling.

Fri, Feb 16, 2024

Electoral Bonds: How SC struck down amendments in three key laws, restored status quo restricting political donationsSubscriber Only

February 15, 2024 17:54 IST

To prepare the ground for the Electoral Bonds Scheme, The Finance Act, 2017 changed provisions of India's election law, the Companies Act, and the Income-tax law. What did the Govt do, and what has the SC said now?

Fri, Feb 16, 2024

SC strikes down electoral bonds scheme as ‘unconstitutional’: What grounds did the verdict rely upon?Subscriber Only

February 15, 2024 11:54 IST

Supreme Court judgment on electoral bonds scheme: The court raised issues ranging from donor privacy to the scope of the right to information.

Thu, Feb 15, 2024

Electoral Bonds case verdict: What parties argued before Supreme CourtSubscriber Only

February 15, 2024 06:00 IST

While the petitioners expressed concerns regarding the anonymity of electoral bonds donations, the government defended the donations’ confidential nature citing the right to privacy. The Supreme Court will give its final verdict on February 15.

Fri, Feb 16, 2024

As Governors walk out of Assemblies, what has SC said on their powersSubscriber Only

February 14, 2024 15:14 IST

Court has taken up the matter at least thrice -- in 1994, regarding the Karnataka Governor; in 2016, in case of Arunachal; in 2020, for MP; and most recently over delayed Bills in Punjab, Kerala, TN

Wed, Feb 14, 2024

Law Commission Report suggests creation of Epidemic Plan and Standard Operation Procedure to deal with future epidemicsSubscriber Only

February 12, 2024 20:01 IST

Highlighting the limitations of the Epidemic Diseases Act, 1897 (EDA), the 286th Law Commission Report states “the management, control and prevention of epidemic diseases cannot be restricted to a century-old law.”

Tue, Feb 13, 2024

If appointed, Khanwilkar, 66, would only be the second chairperson of the Lokpal, known as the ‘Lokpal of India’.

Meet the new ‘Lokpal of India’: Justice A M Khanwilkar, who penned several orders key for Modi govtSubscriber Only

February 09, 2024 19:07 IST

Shortlisted for post vacant since nearly 2 years, as SC judge, Justice Khanwilkar was part of orders decriminalising homosexuality, clearing strict provisions of PMLA and FCRA, and upholding SIT clean chit to Gujarat govt for 2002 riots.

Tue, Feb 27, 2024

Should some SCs get more quota benefits than others: What is the debate, in which apex court has reserved verdictSubscriber Only

February 08, 2024 19:32 IST

States have argued that despite reservation, some castes are grossly underrepresented in comparison with the so-called dominant Scheduled Castes. They want to create a separate quota for such castes within the SC quota.

Fri, Feb 09, 2024

Uttarakhand civil code: The key changes for Hindus and Muslims in marriage, inheritanceSubscriber Only

February 07, 2024 07:00 IST

The UCC draws heavily from the Indian Succession Act, 1925, retaining a majority of the provisions.

Thu, Feb 08, 2024

How the Uniform Civil Code came to be included in the Indian ConstitutionSubscriber Only

February 07, 2024 06:55 IST

Article 44 of the Indian Constitution, which speaks about the UCC, was adopted by the Constituent Assembly on November 23, 1948, after a spirited debate. What were the arguments for and against the UCC?

Thu, Feb 08, 2024

Uttarakhand Chief Minister Pushkar Singh Dhami, with others, holds a copy of the Constitution of India, at Vidhan Sabha Bhawan, in Dehradun, Tuesday, Feb. 6, 2024.

4 takeaways from Uttarakhand’s Uniform Civil Code Bill: on live-in relationships, bigamy and moreSubscriber Only

February 06, 2024 13:53 IST

Uttarakhand Uniform Civil Code Bill: Provisions of the UCC Bill do not apply to tribal communities and the Bill aims to regulate live-in relationships. Here are some of the major provisions.

Thu, Feb 08, 2024

Chief Justice of India Justice DY Chandrachud during the inauguration of new court building in Rajkot.

Explained: The four issues that CJI DY Chandrachud highlighted within the legal professionSubscriber Only

February 04, 2024 13:49 IST

What is the state of things on these four counts, and how have these concerns been addressed in the past? We explain.

Mon, Feb 05, 2024

Law panel suggests heavy fines, damage to property, property damage, Law Commission of India, Indian express news, current affairs

Law panel suggests heavy fines, new laws to tackle damage to propertySubscriber Only

February 03, 2024 03:50 IST

Bats for retaining criminal defamation as an offence

Sat, Feb 03, 2024

Retain defamation as offence in criminal law: Law Commission ReportSubscriber Only

February 02, 2024 18:16 IST

The Law Commission states that it chose to undertake this extensive study on the law of defamation following the Supreme Court’s decision in the Subramaniam Swamy vs. Union of India (2016) case.

Fri, Feb 02, 2024

The Supreme Court Thursday (February 1) concluded the hearings in the case to decide if Aligarh Muslim University (AMU) can claim minority status under Article 30 of the Constitution. The seven-judge bench will also decide if the decision in S Azeez Basha v Union of India (1967), where the court held that AMU was not a minority institution, should be overruled. The bench led by Chief Justice of India DY Chandrachud heard arguments for eight full days between January 10 and February 1 this year, before reserving the judgement in the case. Here are some key arguements made before the court, What is the effect of a statute on minority status? Background: Article 30(1) of the Constitution of India states “All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice.” In 1967, in S Azeez Basha v Union of India, the Supreme Court held that AMU was “established” through the enactment of a law, the Aligarh Muslim University Act, 1920. This meant, according to the court, that AMU does not qualify for minority status as it was not established by the Muslim community. Petitioners: Senior Advocate Rajeev Dhavan argued that there is a contradiction in the Azeez Basha decision, in which the apex court had held that in order for degrees from the university to be valid, the university would have to be recognised by a statute (such as the AMU Act). However, the court also held that recognition by a statute would strip AMU of its minority status. This would, advocate Dhavan argued, force every minority institution to seek recognition under a statute, and give up its minority status, thus making Article 30 ineffective, and subordinating a fundamental right to a statute. Respondents: Solicitor General Tushar Mehta argued that AMU surrendered its minority status to the British government, and chose to be a “loyalist” institution, as opposed to “nationalist” institutions (like Jamia Millia Islamia University), which resisted and denounced the British government. This surrender of rights, he said, was recognised in Azeez Basha. How does the administration of AMU impact its minority status? Petitioners: Senior Advocate Kapil Sibal argued that it does not matter who is in charge of administration in a minority institution, even if the members of the administration are not members of the minority community. Article 30(1) gives minorities the right to choose who is in charge of administration without, affecting the minority status of the institution in question. Respondents: The administration must be considered in this case as the British government had ultimate control of the university through the Lord Rector, when AMU was first established. Though the Court of the University handled the day-to-day administration, the decisions of this Court were subject to the approval of the Lord Rector under the AMU Act, who was a representative of the British government. Should the 1981 amendment be considered in this case? Background: The 1981 amendment to the AMU Act introduced multiple provisions stating that the university was established by the Muslim community, and explicitly highlighting the need to promote the cultural and educational advancement of Muslims in India. This amendment was struck down by the Allahabad HC in 2005 which held that AMU was not a minority institution as per Azeez Basha. They also held that the 1981 amendment was enacted in order to override the Azeez Basha decision. This ruling was challenged at the SC, and was referred to a larger bench by a two-judge bench in 2006. Petitioners: Sibal argued that there is no requirement to examine the validity of the 1981 amendment and the Allahabad HC decision. If Azeez Basha is struck down then the 1981 amendment becomes “redundant” as AMU’s minority status would be recognised. If Azeez Basha is upheld, then the amendment will be considered along with the Allahabad HC decision by a smaller bench. Further, advocate Shadan Farasat argued that the 1981 amendment cannot be considered in this hearing as, without the Union of India defending it, there is no one presenting a defence on behalf of Parliament in Court. He also urged the court to decide if the Union has the option to not defend the amendment, despite being constitutionally obligated to do so. Respondents: Mehta argued that the seven-judge bench should be considered in this case to avoid multiple hearings on the same subject. He also stated that the petitioners see the 1981 amendment as a “second chance” to make a case for AMU’s minority status is Azeez Basha is upheld. This led to an exchange between CJI Chandrachud and Mehta where the Chief Justice questioned how the government could choose not to support an amendment enacted by Parliament. Mehta replied stating that the Allahabad HC decision gave the central government ground to stand on to make this argument, and further stated that it was his constitutional duty to answer a constitutional question correctly. Senior Advocate Neeraj Kishan Kaul later argued that Parliament tried to use the 1981 amendment to override the court’s findings in Azeez Basha which is impermissible, according to previous SC judgements.

Aligarh Muslim University minority status case: 3 key legal issues argued before the Supreme CourtSubscriber Only

February 01, 2024 18:44 IST

The Supreme Court will decide if Aligarh Muslim University can be recognised as a minority educational institution. Here are three key arguments made before it.

Fri, Feb 02, 2024

Uttarakhand Chief Minister Pushkar Singh Dhami speaks during the annual convention of the Uttarakhand Provincial Civil Services (Executive Branch) Association, in Dehradun, Saturday, Jan. 27, 2024.

Uttarakhand Uniform Civil Code to be passed in February: How did it come about and what can be expected?Subscriber Only

January 28, 2024 12:47 IST

On Republic Day, Chief Minister Pushkar Singh Dhami announced that the Uniform Civil Code Bill will be passed on February 5. Why was the committee on UCC constituted and what aspects of personal laws is it considering under its ambit?

Mon, Jan 29, 2024

Judge vs judge: How a spat between two Calcutta HC judges reached the Supreme CourtSubscriber Only

January 27, 2024 06:00 IST

A single-judge bench of Justice Abhijit Gangopadhyay of the Calcutta HC on Thursday directed that a CBI investigation ordered into alleged irregularities in MBBS admissions in West Bengal will continue, despite an order of a division bench to the contrary. In the written order, he also levelled accusations against a fellow judge, Justice Soumen Sen.

Sun, Jan 28, 2024

What are incestuous ‘sapinda’ marriages, and why has Delhi High Court reaffirmed the ban on them?Subscriber Only

January 26, 2024 18:06 IST

Under the Hindu Marriage Act, a union between Hindu relatives is allowed only under very specific circumstances. But this is not necessarily the case in other countries. What is the law in Europe and the US?

Mon, Jan 29, 2024

Why Punjab govt moved Supreme Court against the expansion of BSF jurisdictionSubscriber Only

January 24, 2024 09:54 IST

Why was the BSF jurisdiction expanded? Which other states are impacted, and why has only Punjab moved court? What issues will the SC decide?

Thu, Jan 25, 2024

How the legal debate over sub-categorisation among SCs has evolved over the yearsSubscriber Only

January 19, 2024 19:10 IST

The apex court will soon decide if states have the power to create these sub-classifications when providing reservations or if such power is vested only with the President

Fri, Jan 19, 2024