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Monday, August 02, 2021

Dr Ashwani Kumar

The writer, a former union law minister, is a senior advocate in the Supreme Court. Views expressed are his own.

In pandemic, judiciary has stood up for people
Tue, Jun 15, 2021

Despite the initial missteps, judicial response in its entirety to the pandemic’s many challenges must gladden our hearts.

Farmers’ protest shows loss of trust in processes of governance, is reminder of the tyranny of laws
Mon, Feb 01, 2021

The government’s unwise resort to oppressive and selective enforcement of draconian laws fails the test of proportionality and democratic restraint. The increasing dysfunctionality of Parliament and the failure of accountability of other democratic institutions is an ominous signal.

Dignity lies within. Failure of our representatives and institutions cannot deter us
Mon, Nov 09, 2020

The dignitarian Constitution’s custody is entrusted to the joint endeavours of the three branches of government, but the recent record of our liberal democracy suggests an institutional deficit in the advancement of constitutional goals.

Time to imagine and practise a politics befitting the challenge of our times
Mon, Apr 20, 2020

We must interrogate the inadequacies of our system, the ruinous consequences of misplaced priorities and the misconceived remedies against hunger and hopelessness.

Reading the Ayodhya verdict in its entirety shows SC was moved by desire for a pragmatic and equitable solution
Mon, Nov 25, 2019

Most judicial pronouncements are subject to interrogation and the Ayodhya verdict involving “complexities of human history and activity” is no exception. Even so, when read in entirety, the Court’s decision — based on a “preponderance of evidence” — does answer the doubts raised by its critics.

Kashmir, beyond legalities: Modi govt needs to recognise the essential dignity of its people
Tue, Sep 10, 2019

The challenge before the government, therefore, is to win an uncoerced allegiance of the Kashmiri people by recognising their dignity and identity — the “ultimate driver of history”, as Hegel said. Whether the government can do enough to assure the Kashmiri people of its sincerity in this regard is the question.

This election, we must reject the onslaughts on freedom
Thu, Mar 28, 2019

While navigating our politics in these troubled times, we cannot forget the lesson of history that the majority vote does not guarantee freedom unless the majority stands up for freedom.

A nation’s moment of reckoning
Fri, Sep 07, 2018

The arrest of human rights activists is a test for India’s people and its institutions

Dear prime minister, we must enact
Wed, Mar 14, 2018

To live up to constitutional values, commitments made in international fora, India needs standalone legislation against custodial torture.

Evidence vs perception
Tue, Dec 26, 2017

The 2G verdict asserts inviolability of procedural justice and is a triumph for principles of fair trial.

Failing the fairness test
Fri, Mar 20, 2015

The legality of Manmohan's summoning order will be tested on the touchstones of our constitutional and criminal jurisprudence.