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

Law and Society

Law and Society
The Karnataka Prevention of Slaughter and Preservation of Cattle Bill, 2020 is the most recent attempt of the Bharatiya Janata Party in the state to make for harsh cow slaughter laws, which have been...
The impact of the appointment process for high court and Supreme Court judges following the recommendations of the collegium is examined. The functioning of the collegium itself was not significantly...
As with most other activities, the COVID-19 pandemic has had a severe impact on the functioning of courts, revealed through the steep drop in the number of cases disposed of during the pandemic...
By clearing the confusion over the interpretation of the Hindu Succession (Amendment) Act, 2005, the Supreme Court in Vineeta Sharma v Rakesh Sharma (2020) has secured for Hindu women the right to be...
National law universities set up by state governments have remained “islands” for too long–elitist and distanced from the local communities in which they were located. Domicile reservations,...
India’s management of the COVID-19 global pandemic has been marked by excessive centralisation, lawless lawmaking and non-consultative decision-making processes at the union government level. This...
The Supreme Court’s setting aside of the Andhra Pradesh government’s preference scheme for Scheduled Tribes in schools in Scheduled Areas shows up a world view which believes that Adivasis need to be...
The debate about the tenure of judges of the Supreme Court of India is fixated somewhat unnecessarily on the retirement age than the actual time spent in the Court. Examining the length of the tenure...
The proposal in the Finance Bill, 2020 to introduce taxation on the basis of citizenship for those non-resident Indians who do not pay tax in their countries of residence has proven to be...
Between 2010 and 2019, the Supreme Court of India has suffered a credibility crisis not seen since the 1970s, with its reputation for independence and institutional strength lying in tatters. Deep...
In holding that state governments could not pass laws to allow for direct appeals to the Supreme Court, the constitution bench of the Supreme Court in Rajendra Diwan v Pradeep Kumar Ranibala in 2019...
The controversies over the transfers of judges have brought the collegium’s credibility to a nadir in recent times. The absence of proper justification for its decisions, especially given the...
Throughout his long and distinguished career, Ram Jethmalani was a hugely controversial figure, liked or disliked based on who he represented in court. This, however, is the wrong way to frame an...
The Code on Wages, 2019 ostensibly seeks to harmonise four different laws governing the payment of wages and minimum wages in India, and “simplify and rationalise” the law. However, it is a missed...
The proposed amendment to the Right to Information Act, 2005 has caused controversy around the institution of the Central Information Commission being weakened and undermined by the proposed changes...
The Right of Children to Free and Compulsory Education Act, 2009 aims to ensure inclusive education by requiring private educational institutions to admit students of economically weaker sections as...
The most fitting tribute to N R Madhava Menon would be to pose critical questions on the status of legal education in India and to strive for its transformation along with the reform of the legal...
The Supreme Court’s judgments in the Rafale Papers and the Electoral Bonds cases suggest that it is alive to the need for upholding transparency when it comes to the freedoms of the press and the...
The economic power wielded by tech giants has been aided and abetted by the lax enforcement of antitrust regulations by the United States. It has allowed them to create an almost impassable moat...
As necessary as the power of taxation is to the functioning of a proper government, constitutionalism and the rule of law require that the government’s powers to levy and collect tax should be...
The Constitution of India considers states to be the smallest unit of governance, leaving further devolution of powers at their discretion. Even the 73rd and 74th Constitutional Amendments do not...
Despite certain measures adopted in the last 12 months, the air pollution problem across northern India has re-emerged this winter, and only worsened after the Diwali festival. The conversations,...
In the past few weeks, constitution benches of the Supreme Court have struck down Section 377 of the Indian Penal Code (IPC) ( Navtej Singh Johar and Ors v Union of India 2018) and Section 497 of the...
Although the legal system formally defends the rights of individuals as to who they want to live with or marry, it does pose various impediments in the path of those who choose against the will of...
The imminent withdrawal of the Citizenship (Amendment) Bill, 2016 by the union government in the face of strong protests by the residents of the north-eastern states is hardly a victory for...
The blatantly partisan actions of Karnataka Governor Vajubhai Vala in the aftermath of the Karnataka Assembly elections in 2018, which had thrown up a hung result, call for the need to scrutinise the...
The deadlock in Parliament has resulted in the increasing tendency of the union government to promulgate legislation through ordinances, when Parliament is not in session. While there are no...
The right of all accused to have representation in courts is seriously under threat in India not just from the government, but from lawyers and on occasion from civil society itself, especially in...
Two recent decisions, one administrative and one judicial, have given hope that the judiciary has finally accepted how non-transparent and unaccountable its functioning has become. The decision to...
In reading and understanding the Supreme Court’s judgment in K Puttaswamy v Union of India, the Supreme Court’s articulation of the right to privacy carries within it certain contradictions in...
The Surrogacy (Regulation) Bill, 2016, introduced ostensibly to provide a legal framework for surrogacy in India, is a regressive legislation that seeks to control women’s bodies and reinforces...
Addressing the problems in local body governance requires a reimagining of federalism in India and moving away from the centre–state framework. Beholden to partisan politics and the state’s...
The impunity with which legislators in Andhra Pradesh and Telangana have ignored the anti-defection law points to certain weaknesses in the processes and norms laid down in it. What is required to...
Having sentenced JusticeC S Karnan to imprisonment for criminal contempt of court, the Supreme Court cannot afford to drift back into complacency about the judiciary’s troubles. The systemic problems...
Contrary to popular belief, there is no litigation explosion. The data from the courts themselves suggests that fewer civil cases are being filed while criminal cases have been steadily increasing...
courts have yet not recognised the “right to be forgotten” under Indian law. However, there are good reasons to have one’s name dissociated from public records in the interests of privacy and similar...
Judicial review of executive action is an essential aspect of the system of checks and balances in a constitutional democracy. The United States President Donald Trump’s reaction to the judiciary...
Five high courts across India have uniformly held that women employees who have children through surrogacy would be entitled to maternity benefits in accordance with the rules. How they have arrived...
By issuing a contempt notice to Justice Markandey Katju for his over-the-top criticism of its judgment, in the manner that it did, the Supreme Court has only diminished its institutional dignity...
The demand for reservations in jobs and education being made by agitating "middle castes" overturns the logic of affirmative action on its head. Instead of addressing historic discrimination, it is...
Across India, high courts are interpreting Article 21 of the Constitution to give depth and detail to the “inner” aspects of the right to life, namely, the right to privacy and to make one’s own...
The Supreme Court's judgment in the Singur land acquisition case reflects two parallel strands of thinking that have informed its land acquisition jurisprudence: the state's model of "development"...
While the union government repeatedly emphasises its commitment to “cooperative federalism,” its role in the destabilisation of, and interference in, opposition-ruled governments in Arunachal Pradesh...
Given the abusive behaviour, harassment and stalking women face from men on the internet, there is a need to take appropriate measures to address this. While the laws criminalise such behaviour,...
Back to Top