GS-2, Indian Polity, Public Admin 2, Uncategorized

Re-imagining: Cognizable Offences

Since one is presumed innocent until proven guilty, the criminal justice system is often faced with a dilemma that is, honouring the individual’s right on one side and effective law enforcement on another side The ideal criminal law would need to empower police to arrest suspects. However, this power must be qualified, so as to… Continue reading Re-imagining: Cognizable Offences

GS-2, Uncategorized

The collegium system

The collegium system The collegium system for appointment of judges to higher judiciary only came into existence following the Supreme Court’s judgment in what is known as the Second Judges Case (1993). Constituent assembly gave a central role to the Judiciary: These issues concerning the system employed to appoint judges to the Supreme Court and… Continue reading The collegium system

GS-1, Social Issue, Uncategorized

Beyond Gender Binaries

Context: A judgment made by the Madras High Court and an order issued by the government of Tamil Nadu aims to protect the freedom of intersex infants and children to choose their gender identity. The Court Verdict: A trans-woman and her husband had approached the Madurai Bench of the Madras High Court with a plea to instruct authorities to register their marriage. In April,… Continue reading Beyond Gender Binaries

GS-2, Uncategorized

Jurisprudence of the judicial rubber stamp

Context In August 2019, amendments to the Unlawful Activities (Prevention) Act (“UAPA”), India’s signature anti-terrorism legislation, allowing the Central government to designate individuals as “terrorists”, caused a furore. Critics warned that vesting such sweeping powers in the hands of the political executive would prove to be a recipe for abuse, and for political and social… Continue reading Jurisprudence of the judicial rubber stamp

Big Picture

Amnesty and Sedition Charges: Is It Vali

The notorious Section 124A of Indian Penal Code is back into limelight and this time Amnesty International India in Bangalore has been booked under this section. An event was organized as a part of its campaign for seeking justice against human rights violations in Jammu and Kashmir which ended with some heated arguments and slogans.… Continue reading Amnesty and Sedition Charges: Is It Vali

GS-2, Indian Polity, Uncategorized

L-G can’t claim immunity, says CIC

Issue Central Information Commission (CIC) has directed the L-G of Delhi and Union Home Ministry to disclose the report on the basis of which Delhi Assembly was dissolved in November 2014. L-G cannot claim immunity The information sought here is a report sent by the UT Administrator to Union Government or President. L-G cannot claim… Continue reading L-G can’t claim immunity, says CIC

GS-2, Indian Polity, Uncategorized

Why we must have the right to choose death

Livemint Issue: Legal provisions for euthanasia The proposed Medical Treatment of Terminally-Ill Patients (Protection of Patients and Medical Practitioners) Bill regarding passive euthanasia—its draft is posted on the health ministry website for public feedback—is one such instance. It is a step in the right direction, even if it has shortfalls to be addressed. The question… Continue reading Why we must have the right to choose death

Editorials, GS-2, Uncategorized

A blow against free speech

Article Link In a landmark verdict, the Supreme Court recently turned down a clutch of petitions challenging provisions of criminal defamation under the Indian Penal Code. The Supreme Court has ruled that the provisions are valid and do not violate the Constitution. The apex court’s verdict will have a significant effect particularly on politicians, activists… Continue reading A blow against free speech

Editorials, GS-2, Indian Polity, Public Admin 2, Uncategorized

The power to certify

The Hindu Context Recently, the Aadhaar Bill and the Finance Bill were passed as Money Bills, though they may not have met the strict criteria laid out in the Constitution. This meant that the Rajya Sabha had only a recommendatory role while discussing these Bills. While the Speaker has the power to determine whether a… Continue reading The power to certify

Editorials, GS-2, Indian Polity, Uncategorized

SC upholds law on criminal defamation + A disappointing verdict + Speak no evil

What happened? The Supreme Court has maintained the constitutional validity of Sections 499 and 500 of the Indian Penal Code which criminalise defamation. Section 499 defines defamation Defamation.—Whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm,… Continue reading SC upholds law on criminal defamation + A disappointing verdict + Speak no evil