Faizan Mustafa

The writer is vice chancellor, NALSAR University of Law, Hyderabad

Articles By Faizan Mustafa

India has a constitution but Centre’s move on Kashmir poses questions about constitutionalism

Constitutionalism tries to limit the power of constitutional authorities through doctrines such as rule of law which, as opposed to rule by law, ensures equality before law, equal protection of laws to all and non-arbitrary exercise of power.

Explained: What’s changed in Jammu and Kashmir?

Jammu and Kashmir has lost its special status, and reduced to two Union Territories. What is the history of Partition and accession to India that has been overturned? What are Articles 370 and 35A, that were supposed to define the special status of the state?

Power, not justice

Criminalising triple divorce violates the first principles of criminal jurisprudence, will be counterproductive

Her own space to pray

Unlike men, women in Islam do not have a religious obligation to offer the Friday or five daily prayers in mosques. But all mosques should have a designated place for women

Explained: Reading the Maratha quota verdict

Among the factors taken into consideration were the question of backwardness, and justification of taking total reservation beyond 50%. How Bombay High Court judgment addressed these and other issues

Note to the minority: Welcome PM Modi’s resolve to win over their trust

Muslims are not headed for a bleak future. They should welcome PM’s resolve of winning over their trust.

Explained: ‘Efficiency’ and promotion quota

Supreme Court has upheld a Karnataka law that provides for seniority as a consequence of promotion via reservation. The past arguments around this, and how SC has settled the debate on ‘efficiency’ in Art 335.

An Expert Explains: Article 324 and role of Election Commission

The Election Commission has invoked its powers under Art 324 to curtail campaigning in West Bengal following violence in Kolkata. What powers does the Constitution give ECI; how has SC interpreted Art 324?

Madhava Menon has demonstrated that every single individual matters, can bring about change

N R Madhava Menon’s work and worldview has created a lasting legacy, will continue to inspire legal professionals.

Explained: What happens when judges face allegations?

As SC battles fallout of allegations against CJI, understanding the key questions around ‘misbehaviour’ by judges, the protection they need against accusers, and judicial independence and accountability

Explained: Judicial reforms in Congress manifesto

The party has promised to ‘deliver’ several interventions in the judiciary. An analysis of some key points.

When Supreme Court has ruled on life & death

Supreme Court has acquitted six on death row. Judgments on the death penalty have often been insconsistent.

A slim chance

Can the parties in Ayodhya dispute display the spirit of accommodation needed to make mediation a success?

Explained: What are Articles 370 and 35A?

What is Article 370 and 35A: A recent central ordinance, which extends reservation to SCs and STs in J&K, throws the spotlight on Article 35A, as well as Article 370 from which it derives. What are these two provisions?

Faith and gender justice

Court has upheld equality. Muslim Personal Law Board and devotees of Ayyappa must initiate internal reform.

An Expert Explains: New quota and basic structure

The 10% quota for economically weaker sections faces a challenge in the Supreme Court on grounds of violating the ‘basic structure’ of Constitution. What is that structure, how does SC decide if it is violated?

Why reservation for economically backward classes may not pass judicial scrutiny

The most likely scenario is that the Modi government’s move will be stayed by the apex court till the final decision on the constitutionality of the Bill is delivered.

Bill of wrongs

The hastily passed Transgender Persons (Protection of Rights) Bill does not ensure privacy, dignity and livelihood to the embattled group.

Lessons in bigotry

The Meghalaya high court judge’s judgment was legally flawed and historically misleading. It violates the provisions of the citizenship law and makes a case for India as a country of, and for, Hindus.

An ill wind in the Valley

Governor Malik’s decision to dissolve J&K assembly is constitutionally flawed and politically erroneous.

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