ISSN (Print) - 0012-9976 | ISSN (Online) - 2349-8846

Alok Prasanna KumarSubscribe to Alok Prasanna Kumar

Absence of Diversity in the Higher Judiciary

Systemic discrimination is not just a feature of institutions of higher learning but seems to be pervading the higher judiciary as well.

Unconstitutionality of Anti-Terror Laws

The Gujarat Control of Terrorism and Organised Crime Bill, 2015 does more than violate fundamental civil liberties; it is a dangerous instance of the state transgressing the constitutional limits of its lawmaking powers. The federal distribution of powers between the centre and states under the Constitution ensures that only Parliament can legislate on matters such as terrorism that relate to the security or sovereignty of the nation. States cannot arrogate this power to themselves by devising harsh anti-terror laws that apply only within their respective territories. The unconstitutionality of the Gujarat Bill is not just a sum of its numerous illegal parts, but rooted in a deeper, more fundamental failing, namely, that the Gujarat assembly did not have the power to pass such a law in the fi rst place.

Tilting at the Windmills (Again)

Recognising the legal validity of "living wills" is a necessary step in giving effect to the constitutional right to die with dignity and control her treatment. However, given the complex questions and competing interests involved in creating a proper legal mechanism and institutional support for living wills, the Supreme Court should leave it to the legislature.


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