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Thursday, June 24, 2021

Faizan Mustafa

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

Why the draconian sedition law must go
Fri, Jun 04, 2021

The Supreme Court, in 'Vinod Dua', has held that every journalist is entitled to protection from sedition as defined in the Kedar Nath judgment. A national consensus on the removal of the provision is called for.

Explained: Why Goa’s Civil Code is not as uniform as it is made out to be
Tue, Apr 20, 2021

Chief Justice of India S A Bobde recently appreciated the uniform civil code (UCC) in Goa, the only state to have one.

Explained: Quran case in Supreme Court, and the powers of judicial review
Sat, Apr 03, 2021

A PIL in Supreme Court has sought that 26 verses of the Quran be declared unconstitutional and non-functional. A look at the limitations of judicial review where a holy book is concerned, various aspects of the petition, the deeper context of the verses flagged by the petitioner, and a previous plea on the Quran.

Explained: After CJI’s remarks on Uniform Civil Code, a look at its status, debate around it
Sat, Apr 03, 2021

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.

Delhi Bill will sow the seeds of absolutism
Mon, Mar 22, 2021

If passed in its current form, the NCT of Delhi (Amendment) Bill, 2021 will strip the elected government of almost all its powers. It must be referred to a select committee and not passed in haste.

When PM Modi speaks at AMU today, he could underline his resolve to preserve, defend university’s character
Tue, Dec 22, 2020

Investment in the secular and modern education of minorities helps the nation in many ways.

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: The arguments for and against the three central farm laws
Tue, Dec 15, 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.