Faizan Mustafa

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

Articles By Faizan Mustafa

An ill wind in the Valley

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

Not a holy book

As aftermath of Sabarimala judgment shows, India is not ready for a constitutional theocracy.

Adultery case: How Supreme Court underlined women’s autonomy as facet of human dignity

Adultery will continue as a ground of divorce and, therefore, remain in civil law. Thursday’s verdict will be welcomed by those who believe there should be less use of criminal law in matrimonial matters.

Ayodhya case: Understanding the ‘essentiality doctrine’ and its implications

By refusing review, the court has refused to consider the question of whether the freedom of religion protects only practices of particular significance, and not all religious practices. The question of comparative significance of religious practices also remains untouched.

Why the triple talaq Ordinance is neither perfect nor necessary

What is the purpose of criminal law, and what is its relationship with the state and the citizen? How does the Ordinance measure up against the core principles of Indian constitutionalism and jurisprudence?

No right of way for the majority

By rejecting homogenisation of cultures, Supreme Court’s verdict on Section 377 has upheld the rights of religious minorities.

Supreme Court’s verdict on Section 377: 493 pages, 5 judges, one mantra of Constitutional Morality

How Supreme Court strikes a powerful blow for freedom and choice, underlines inclusion of all

What a petition on citizenship law could mean to Assam NRC update

Under Article 6 of the Constitution, anyone who migrated to India before July 19, 1948, from territory that had become part of Pakistan, automatically became a citizen if either of their parents or grandparents was born in India. But those who entered India after this date needed to register themselves.

India and Pakistan: How they differ on key constitutional questions

As Pakistan begins a new experiment in constitutional democracy, how does its national experience differ from India’s with regard to key aspects of government and law?

Sharia courts in fact

Research has shown that sharia councils are approached voluntarily and are often progressive

Justice more accessible

Sharia courts are an alternative dispute redressal mechanism that responds to the decline of the civil justice system, and addresses the needs of the poor.

Delhi power tussle: Between the Supreme Court’s lines

Supreme Court verdict on Delhi CM vs L-G sends powerful message of pushback by institutions.

Two inequalities

Uttar Pradesh CM Yogi Adityanath's talk of Dalit reservations in Jamia, AMU, misunderstands nature of minority institutions

Who is a citizen — in Assam, India?

Citizenship is a complicated idea with exclusion at its core. In Assam, which shares a border with Bangladesh and has faced illegal migration for decades, it is a particularly sensitive issue

Broken Promise

Representation, affirmative action are being diluted by UGC. Government must act.

The question of discretion

As SC continues to hear today the Cong-JD(S) appeal against Karnataka Governor Vajubhai Vala’s decision to call B S Yeddyurappa to form the government, an eminent jurist weighs in on a key aspect of the debate

In the bid to impeach Chief Justice of India, issues of constitutionalism, accountability

The unprecedented rejection of the motion for impeachment has raised multiple questions, but the wider context of the unfolding spectacle includes a range of related matters. Some key questions.

Undo the wrong

An ordinance to overturn the Supreme Court order on SC/ST Atrocities Act is much needed

One nation, many religions

Lingayat leadership is under an erroneous belief that recognition of a religious community depends on law

A Right For The Rich

Euthanasia verdict could lead to neglect of terminally ill poor patients.

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