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Wednesday, November 25, 2020

Faizan Mustafa

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

Acquittals in Babri demolition case are a blot on CBI, it must be liberated from political influence
Thu, Oct 01, 2020

The judgment is controversial as the court has acquitted all the accused and held the demolition as spontaneous, for which no one except unknown anti-social elements must have been responsible.

An Expert Explains: What are the broad arguments for and against the farm laws?
Wed, Oct 07, 2020

As Opposition and regional parties protest the contentious farm laws, now challenged in Supreme Court, engaging with the key question: Does the enactment of the laws violate the federal principle?

SC holds Prashant Bhushan guilty of contempt: What the verdict means
Sun, Aug 16, 2020

The SC has held two tweets by lawyer Prashant Bhushan amount to contempt of court. Does this differ from previous rulings? How does it compare with the way other democracies have dealt with contempt?

Article 370 and Territorial Pluralism
Wed, Aug 05, 2020

As we celebrate the deity who gave up his throne to honour the promise made by his father, it may be time to adhere to the promise of federalism, autonomy that the Constitution made to Kashmir.

Rajasthan High Court’s interim order in Sachin Pilot case raises serious questions
Fri, Jul 31, 2020

Let this case be used by the government to revisit the anti-defection law and legislatively remove its defects.

Verdicts seem more sympathetic to causes of Muslim women, than of Hindu women
Mon, Jul 13, 2020

In the privacy of home and the married life, neither Article 21 nor Article 14 have any place.” Fortunately, a few months ago, the apex court had agreed to revisit the constitutionality of the restitution of conjugal rights provision.

The US report on religious freedom in India calls for reflection
Mon, Jun 01, 2020

While the government was right at the diplomatic level to reject the report, the criticism ought to be seen as an opportunity to reflect on the state of freedom of religion in India.

Uddhav’s nomination to Council: Issues in Constitution, role of Governor
Wed, Apr 29, 2020

A situation in which an individual who is not a member of the legislature becomes chief executive of the government is in itself fairly common. What are the options for Uddhav Thackeray?

Minorities, too, are fed up with this facade of secularism
Sat, Mar 21, 2020

If we are really fed up with the separation model of secularism and want to adopt the jurisdiction model with India being declared a Hindu rashtra or giving Hinduism the status of dominant spiritual heritage, we must ensure that it brings with it genuine liberalism.

The Supreme Court has overlooked the gravity of the Delhi violence
Fri, Feb 28, 2020

Events in Delhi have taken a high toll. Apex court and government must act urgently to restore confidence, and to ensure that minority rights do not remain on paper.

Explained: Uniform Civil Code — the debate, the status
Tue, Feb 11, 2020

Article 44 of the Constitution lays down that the state shall endeavour to secure a Uniform Civil Code for the citizens throughout the territory of India.

Explained: Afghan citizenship, defined and redefined over decades of change
Mon, Dec 30, 2019

Unlike the Pakistan and Bangladesh Constitutions, the Afghanistan Constitution begins with praise of Allah and also blessings for the last Prophet and his followers.

Explained: Reading Bangladesh provisions for citizenship and freedom of religion
Mon, Dec 30, 2019

A look at the laws under which Bangladesh grants citizenship, and what its Constitution says on freedom of religion

Explained: How Pakistan grants citizenship, and what provisions cover its minorities
Mon, Dec 30, 2019

Neighbourhood Constitutions: What are the constitutional and legal provisions for citizenship and rights of religious minorities in countries neighbouring India? A look at Pakistan.

Religious basis of citizenship would be a negation of secularism, liberalism, equality and justice
Wed, Dec 11, 2019

Shared identity is at the core of citizenship. The framers of our Constitution and those who enacted the Citizenship Act in 1955 believed in citizenship as a unifying idea. Today, citizenship is being used to divide people and treat people of certain religious persuasion as inferior.

Explained: How Supreme Court’s Sabarimala verdict differs with Ayodhya order
Fri, Nov 15, 2019

Sabarimala verdict: The majority of CJI Ranjan Gogoi and Justices Khanwilkar and Malhotra has held that the correctness of the essential practices test is to be examined by a larger Bench.

Ayodhya judgment is a setback to evidence law
Sun, Nov 10, 2019

The Supreme Court has tried to please everyone in its much awaited judgment on the property dispute in Ayodhya.

The decision of a judge to recuse is about due process, respecting people’s trust in judiciary
Mon, Oct 21, 2019

A judge should ideally recuse from a proceeding in which his impartiality might reasonably be questioned due to the possibility of personal bias or prejudice or if he has been a lawyer or judge in the matter at some stage.

Kangaroo tribunals: Foreigners’ Tribunals almost another arm of BJP government in Assam
Tue, Oct 08, 2019

Foreigners’ Tribunals, set up to adjudicate citizenship disputes in Assam, need strict judicial supervision, must be freed from government control.

Explained: Supreme Court SC/ST judgment, in review
Thu, Oct 03, 2019

The Supreme Court has recalled its 2018 directions that diluted certain provisions of the SC/ST Act. What were these provisions, and under what circumstances does the court review its own rulings?

Explained: Uniform Civil code — the debate, the status
Wed, Sep 18, 2019

Recent observations by the Supreme Court have put the spotlight back on the debate over a Uniform Civil Code. What would such a Code seek to achieve, and what have been the arguments for and against it?

Let’s listen to the RSS chief. Contentious issues about India’s reservation policies need to be examined
Fri, Sep 13, 2019

We need to examine some highly contentious issues about our reservation policies: How far have the benefits percolated down the ladder? Has an elite within the SCs/STs monopolised all the benefits of reservation? Should we extend the exclusion of the creamy layer to SCs/STs as well?

Assam NRC: Who is an Indian citizen? How is it defined?
Sat, Dec 21, 2019

Citizenship can be determined by place of birth or by bloodline. There are cutoff dates for the country, which are different for Assam where the NRC is being prepared. A look at how the laws have evolved.

India has a constitution but Centre’s move on Kashmir poses questions about constitutionalism
Wed, Aug 14, 2019

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?
Wed, Aug 07, 2019

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?