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Friday, December 04, 2020

Apurva Vishwanath


Explained: Why is consent of the Attorney General required to initiate contempt proceedings?
Thu, Dec 03, 2020

What is the law on contempt of courts, and why is the consent of the Attorney General required to initiate contempt proceedings? Under what circumstances is the AG’s consent not needed?

In name of conversion, UP ‘love jihad’ law targets inter-faith unions
Wed, Dec 02, 2020

The Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance, 2020, promulgated last week, specifically prohibits any conversion for marriage, even if it is with the consent of the individual except when prior sanction is obtained from the state.

Bail pleas of journalist, another: SC says why not go to HC
Tue, Nov 17, 2020

Senior advocate Kapil Sibal, representing the journalists' union, argued that the Supreme Court has intervened in similar cases in the past where Article 32 had been invoked.

Censorship before a show: the law, rulings
Sun, Sep 13, 2020

Any legislation that imposes a prior restraint on speech usually has the burden to show that the reason for such restraint can be found under Article 19(2). It is generally allowed only in exceptional circumstances.

In 2017-18, 97% drugs cases in Mumbai courts over possession: study
Wed, Sep 09, 2020

The study found that consumption of cannabis accounted for 87 per cent of all arrests and convictions in drug consumption cases in Mumbai.

Explained: In SC reading of basic structure, the signature of Kesavananda Bharati
Sun, Sep 13, 2020

Kesavananda Bharati was the head seer of the Edneer Mutt in Kasaragod district of Kerala since 1961.

Explained: What counts as ‘Act of God’?
Mon, Sep 07, 2020

Amid disruptions caused by Covid-19, the Finance Minister has referred to an Act of God while businesses are looking at a legal provision, force majeure, to cut losses. How does it work, and when can it be invoked?

Prashant Bhushan fined Re 1, says case a moment for free speech
Tue, Sep 01, 2020

Hours after he was sentenced, Bhushan told a press conference that he would pay the fine, but he reserved his right to seek a review of the judgment holding him guilty of contempt.

Explained: Why govt can penalise you for not wearing a mask in your car
Sun, Sep 06, 2020

To check the spread of COVID-19, many states and districts have issued guidelines mandating the use of masks in public spaces under the National Disaster Management Act. What does the rule mandating masks say?

Explained: The ‘quota within quota’ debate
Tue, Sep 01, 2020

Supreme Court has referred to a larger Bench the question whether SCs and STs should be sub-categorised for reservations. What are the arguments for and against this? How has the court ruled in the past?

Explained: In Prashant Bhushan case, the larger questions over contempt
Tue, Sep 01, 2020

The Supreme Court has deferred the hearing of a 2009 contempt case against lawyer Prashant Bhushan because 'larger' questions are involved. What are these questions that need to be examined by a new Bench?

10 free speech cases this year: In most, no relief from Supreme Court — except when Centre did not object
Sat, Aug 22, 2020

A scrutiny of the 10 cases involving free speech that came before the Supreme Court since January reveals a telling pattern.

Explained: In contempt case against Prashant Bhushan, the ‘Mulgaonkar principles’
Mon, Aug 24, 2020

By a 2:1 majority, the court held Mulgaonkar, then editor of The Indian Express, not guilty of contempt although the same Bench had initiated the proceedings.

Domicile-based job quota: The law, SC rulings, and special cases
Sun, Aug 23, 2020

Although Chief Minister Shivraj Singh Chouhan has not outlined details of the proposal, reservation solely based on place of birth would raise constitutional questions.

Constitution Bench must hear Prashant Bhushan contempt of court case: ex-SC judge Kurian Joseph
Thu, Aug 20, 2020

Prashant Bhushan for contempt of court case: “A three-Judge bench of the Supreme Court of India has decided to hear a few serious questions on the scope and extent of contempt of court. Certainly, there are more graver issues, involving substantial questions of law as to the interpretation of the Constitution of India."

Courts have earlier struck down job quota based on place of birth
Wed, Aug 19, 2020

The courts, however, have been averse to extending such reservation to public employment, as it violates constitutional guarantees made to citizens against discrimination.

1,500 lawyers to SC: Stop miscarriage of justice in Prashant Bhushan case
Tue, Aug 18, 2020

Apart from seeking that the judgment be kept in abeyance, the statement urged the Supreme Court to hold an open hearing after the pandemic by a larger bench to “review the standards of criminal contempt”.

Govt to rethink minimum marriage age for women
Sun, Aug 16, 2020

“We have set up a committee to reconsider the minimum age of marriage for girls. The Centre will take a decision after the committee submits its report,” Modi said during his Independence Day address from Red Fort.

Explained: The logic of, and debate around minimum age of marriage for women
Mon, Aug 17, 2020

Prime Minister Narendra Modi has announced that the Centre will decide on the recommendations of a committee set up to reconsider the minimum age of marriage for women. Currently, the law prescribes a minimum age of 21 years for men and 18 years for women.

‘Gas chamber’ Mumbai areas: NGT orders Rs 286 cr fine on four companies
Sat, Aug 15, 2020

The NGT bench, headed by chairperson Adarsh Goel, directed HPCL to pay Rs 76.5 crore, BPCL Rs 67.5 crore, Aegis Rs 142 crore and Sealord Rs 20 lakh.

Explained: Reading SC’s verdict on Hindu women’s inheritance rights
Mon, Aug 17, 2020

A three-judge Bench headed by Justice Arun Mishra ruled that a Hindu woman’s right to be a joint heir to the ancestral property is by birth and does not depend on whether her father was alive or not when the law was enacted in 2005.

EWS quota law: what a five-judge Constitution Bench will look into
Fri, Aug 07, 2020

The amendment provides for 10% reservation in government jobs and educational institutions for EWS, by amending Articles 15 and 16 that deal with the fundamental right to equality.

Contempt Act challenged by Prashant Bhushan: Plea reopens old debate, courts have leaned in favour of law to punish
Sun, Aug 02, 2020

A bench headed by Justice Arun Mishra in two different cases, one involving the Rajasthan disqualification of MLAs and the other, the contempt case against Bhushan, is currently debating the right to voice dissent and restrictions on free speech.

Justice, a worm’s-eye view: 38 yrs later, cleared of adulteration
Fri, Jul 31, 2020

On Thursday, a three-judge Supreme Court Bench finally pulled the curtains on this story, acquitting a Sonepat-based trader, Prem Chand, in a case of adulteration filed 38 years ago.

Explained: What is abetment of suicide, and how does the court determine if it took place?
Tue, Aug 04, 2020

The father of Sushant Singh Rajput has filed an FIR against actor Rhea Chakraborty and five others, for abetment of suicide. What is this crime, who is an abettor, and how does a court determine abetment?