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Thursday, December 02, 2021

Dushyant Dave

The writer is a senior advocate and former president of the Supreme Court Bar Association

The farmers’ agitation and the power of civil disobedience
Sun, Nov 21, 2021

Dushyant Dave writes: As during the freedom struggle, the movement taught us that unjust and unconstitutional laws must always be opposed by citizens.

State must remember its obligations and duties to Constitution
Sun, Sep 19, 2021

Dushyant Dave writes: A pattern of the government using law to target critics and minorities grows clearer by the day. Judiciary must intervene.

What is the Collegium system’s role in protecting democracy?
Fri, Jul 09, 2021

Dushyant Dave writes: Selection of deserving judges is essential to ensure independence of judiciary. The Collegium must do its best in this task

New CJI must seriously address systemic issues plaguing the judiciary
Sat, Apr 24, 2021

The new Chief Justice must seriously introspect and review the actions of his immediate predecessors, free himself of the bias in constituting benches and allocating cases and take concrete steps to revitalise the administration of justice.

Attempts to restrict farmers’ peaceful agitation violate promise made to citizens by framers of our Constitution
Thu, Feb 04, 2021

One can only hope that the police and, especially the judiciary, the subordinate judiciary, will see through this game to catch the culprits and not the innocents.

Centre’s farm laws transgress Constitution’s federal structure
Fri, Jan 22, 2021

Dushyant Dave writes: Centre's farm laws will create monopolies in agriculture production and trade, and hurt farmers.

Why Supreme Court should act, suo motu, to stop miscarriage of justice in Prashant Bhushan case
Mon, Aug 24, 2020

One can only hope and trust that the Supreme Court as an institution, and the Court comprising of all the judges, would act suo motu to stop gross miscarriage of justice and ensure that a citizen is not deprived of his liberty by its wrongful decisions and orders.

It is high time courts revisited use of a ‘floor test’ to prove a majority in a legislature
Thu, Jul 23, 2020

Let us hope the judiciary re-calibrates itself in this direction because they are the last and only hope. Political parties and their leaders have clearly sounded the bugle: Constitution aside, we want power.

Life versus livelihood: PM Modi must tap on every available resource
Fri, May 01, 2020

So far, we have done well with the virus, though not with the economy. The nation must think and act, out of the box. Experts from the fields of finance, agriculture, business, human resources, medicine, law, amongst others, must be assembled immediately as a core group to manage the crisis.

Missing Parliament and the judiciary in the Covid crisis
Sat, Apr 18, 2020

Why is it that the two powerful organs — the Parliament and judiciary — are totally silent on the present suffering of millions of citizens? Why is it that workers, the poor and the downtrodden, and farmers, are completely left to fend for themselves?

SC order on migrant labour is premised on unchallenged claims of govt, it curtails press freedom
Fri, Apr 03, 2020

The SC should not have made all media subservient to the government by directing that the former “refer to and publish the official version about the developments”. Such an order could be justified only during an emergency and that too by the executive, subject to challenge before the courts.

Judiciary should have acted with greater alacrity in cases involving hate speech
Tue, Mar 03, 2020

Providing the government time to file FIRs “at an appropriate time” is deeply disturbing. The Court being the guardian of the Constitution and parens patriae of citizens of Delhi was bound to have acted with alacrity.

It is for majority community to realise its duty not to discriminate against minorities
Thu, Jan 09, 2020

India, for the first time since 1947, is facing a direct confrontation between hardliners and liberals, between political ideologies, and sadly, between the majority and minority communities among its great people.

Supreme Court has not acted with urgency to protect citizens from executive excesses
Tue, Dec 24, 2019

One can only hope that the Court introspects and intervenes forthwith to stop any bloodshed in the country, and assuage the sentiments of a large section of the society, which feels they are no longer wanted.

As the new CJI, Justice Bobde’s task is to restate the independence of the Supreme Court
Wed, Nov 06, 2019

Hopefully, the chief justice designate will dispel any wrong message sent to the judiciary and the nation in time to follow with his decisions and actions.

Judiciary must take proactive steps to stop lynching, punish perpetrators.
Sat, Oct 19, 2019

Judicial apathy sends terribly wrong signals to future perpetrators, who may justifiably believe that they may ultimately be acquitted, and in any case will be bailed out pending trials.

In public interest
Thu, Sep 13, 2018

In Rafale case, Supreme Court has to weigh the imperatives of public debate against its stated position of discouraging frivolous PILs.

Court to the rescue
Mon, Sep 03, 2018

The higher judiciary has become the bulwark against hate crime in India.

Ambedkar’s warning
Sat, Jul 07, 2018

Emergency has been rightly decried in recent weeks. But Babasaheb’s advice to a young republic on dictatorship must be heeded in post-2014 India.

Amicus Curiae 
Sat, May 05, 2018

Arun Shourie’s new book is essential reading to understand the successes and failures of the Indian judiciary, in particular the brilliance and shortcomings of its approach and judgments

Matters of trust
Wed, Jan 17, 2018

Judges must recuse themselves from hearing cases where there is potential conflict of interest

An opaque justice
Fri, Jan 12, 2018

Chief Justice of India is exercising his power to constitute benches, allocate cases in a manner that raises questions about independence of judiciary.

An agent of justice
Tue, Mar 21, 2017

Anil B. Divan proved that the legal profession is indeed a noble one