Supreme Court Justice Manmohan recently emphasised that the historic Kesavananda Bharati ruling played a decisive role in safeguarding the longevity of India’s Constitution. He noted that the judgment, which introduced the “basic structure doctrine,” created a vital constitutional safeguard by ensuring that although Parliament may amend the Constitution, it cannot alter its core identity. Justice…
By Sanjay Raman Sinha The constitutional dilemma at the intersection of affirmative action and the right to freedom of religion resurfaced sharply recently after the Allahabad High Court directed all district magistrates in Uttar Pradesh to identify cases in which individuals who converted from Hinduism to other religions were still using Scheduled Caste (SC) or…
By Kumkum Chadha If Congress MP Renuka Chowdhury brought a dog to Parliament, a BJP member decried the absence of “proper documentation”. It is difficult to measure the level of absurdity or judge who came out worse, but one thing is clear: Parliament and those who are elected to it, have touched a new low. …
By Kenneth Tiven President Donald Trump has escalated his so-called war on drug smugglers by designating them as terrorists and deploying a strengthened US Navy presence in the South Atlantic. Navy SEALs teams have reportedly been destroying small boats allegedly carrying drugs—often without regard for the survival of the crew. The strategy showcases force, but…
By Dilip Bobb The first-of-a-kind order by the apex court has put the Enforcement Directorate (ED) in a legal quandary. The judgment by the bench of Justices JK Maheshwari and Vijay Bishnoi says: “…this Court was of the view that if the petitioners are ready to deposit the amount as settled in one-time settlement (OTS)…
By Binny Yadav In a decisive act of judicial correction, the Supreme Court recently overturned what it described as an unwarranted intervention by the Patna High Court—one that threatened the architecture of autonomy and restraint underpinning India’s arbitration framework. By reinstating the arbitral process in the long-running dispute between Hindustan Construction Company Ltd (HCC) and…
By Inderjit Badhwar The Supreme Court’s decision to wipe clean all criminal and civil proceedings against Nitin and Chetan Sandesara in return for a payment of Rs 5,100 crore marks one of the most consequential judicial moments in recent years. On the surface, it appears pragmatic: after years of litigation, delays, extradition failures, and mounting…
The Kerala High Court has granted temporary protection from arrest to Congress MLA Rahul Mamkootathil, who is facing serious allegations of rape. Justice K. Babu issued an interim order preventing the police from taking Mamkootathil into custody until the matter is examined further by the court. This relief comes shortly after a Thiruvananthapuram Sessions Court…
A group of retired judges and senior members of the legal fraternity has written a strong letter to Chief Justice of India Surya Kant, expressing concern over remarks allegedly made by a Supreme Court Bench during a recent hearing involving Rohingya refugees. The signatories, which include former High Court judges and prominent lawyers, said the…
Supreme Court judge Justice A.S. Oka expressed concern over the growing tendency to portray efforts against superstition as interference with constitutional religious rights. Speaking at a recent public event, Justice Oka observed that whenever social reformers raise their voices against irrational or harmful practices, their interventions are often misrepresented as violations of Article 25, which…