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

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On Maratha Reservations Judgment: Part-1

The Supreme Court’s constitution bench judgment striking down the Maharashtra government’s reservations for Marathas has affirmed and applied well-accepted tests laid down in the Indra Sawhney judgment. However, it has also missed an opportunity to re-examine the artificially imposed 50% limit on reservations in jobs and seats. The justification for retaining the same, however, could also affect reservations for the economically weaker sections.

Why History Matters

Supreme Court of India: The Beginnings by George H Gadbois, Jr; edited and introduced by Vikram Raghavan and Vasujith Ram, New Delhi: Oxford University Press, 2017; pp xxxii + 245, ₹ 795.

Contempt of Court: Does Criticism Lower the Authority of the Judiciary?

The law punishing contempt of court leaves ample room for interpretation at the discretion of judges. Such discretion has the potential to be used to curb criticism of the judiciary.

Hyundai and the Law of Resale Price Maintenance in India

The Competition Commission of India’s landmark order in the Hyundai case on resale price maintenance is analysed in light of the CCI’s broader decisional practice on RPM. It finds that, unlike in other cases, the CCI did not examine the possible benefits of RPM in increasing the sale of cars. In effect, the CCI presumed that the very existence of the discount control measure was unlawful, without the need to assess competitive effects. The Hyundai case is used to highlight the inconsistencies in the CCI’s decisional practice on RPM.

The Supreme Court

There is a tendency to view the threat to judicial independence in India as emerging from the executive branch, and occasionally the legislature. But when persons within the judiciary become pliable to the other branches, it is a different story altogether.

Understanding Citizenship and Refugees’ Status in India

The recent Rohingya crisis in South Asia raised questions regarding the refugee policies of the Indian state, which seem to take a very diplomatic position on the refugee problem. This article seeks to argue that India’s kindness for some refugee communities and ignorant behaviour for Muslim refugees has raised a doubt on its way of refugee dealings, and has posed question on the very secular face of the Indian state. How the Supreme Court as well as the Indian government has viewed and handled the refugee problem has been discussed in detail in this article.

The Myth of ‘Collective Conscience’

India’s legal doctrine of “collective conscience” cannot be traced back to the original concept as propagated by French sociologist Emile Durkheim. The consistency with which this concept has been used by the Indian judiciary while imposing the death sentence, compels us to contemplate how it has been applied. An attempt is made in this article to present the flaws in the concept of collective conscience and in its application in India.

A Decade of Decay

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 systemic failings have come to the fore as the Court enters a new decade in the midst of an existential battle for relevance.

Probing into the Freedoms of Queer Liberation in India

Reception of the reading down by the Supreme Court of Section 377 should be more circumspect, since there is much in the decision that offers reasons for concern. Rather than making a rupture with the contemporary majoritarian political climate, the decision is, in fact, a continuation of a longer nationalist project aimed at consolidating the ideal citizen subject of the Indian nation state.

PUDR Issues Statement Against 'Supreme Injustice' in Sexual Harassment Case Against CJI Ranjan Gogoi

"Today these are the rights of a working woman, but they set a precedent for the decimation of fundamental rights of all citizens and not just those who are already disadvantaged."

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