Faizan Mustafa

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

Articles By Faizan Mustafa

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.

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.