Faizan Mustafa

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

Articles By Faizan Mustafa

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?

Understanding Articles 370, 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. While regional political leaders have warned against dilution of Article 35A, petitions challenging it are due to come up in SC. 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.

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