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Constitutional conversation—Part Three and final
Click here to read Part OneClick here to read part Two That is something for the government of the past to answer. This is the government of the present and we cannot…
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Constitutional conversation—Part Two
Click here to read Part One It is not the BJP which is keeping them pending. It is not BJP which decided Babri Masjid, Gyanvapi, Article 370: the judiciary did. So, it…
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Constitutional conversation—Part One
Siasat.com brings to you an imaginary debate between two individuals, one who believes in the Constitution as it is and the one who says it can and should be changed to suit…
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Defending Constitution: When does State inaction qualify as abetment?
Erosion of judicial objectivity seems a possibility when we consider the impact of extreme judicial restraint, if it is indeed that, on society. Events seen include mob lynching, vigilante groups harassing students…
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Defending Constitution: Frequent amendments mar its spirit
What is the constitution? How did it come into being? Were the people behind the constitution able to foresee the India of today as the India of the future? What measures does…
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Naya saal mubaarak: Bas Itna Sa Khwaab Hai…
In addition to the nayé saal ki shubhh kaamnaayeiñ, I want for myself (selfish fellow?) Absence of lockdowns, free availability of oxygen, enough hospital beds, civic sense ensuring masks all the time…
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Part 4 of UCC 4: UCC is politically camouflaged unconstitutional attack on constitution
Click here to read Part 1 Click here to read Part 2 Click here to read Part 3 Such has been the importance of customary divorces in Hindu law that even after…
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Part 3 of 4 UCC: Iqbal asks whether the law of Islam is capable of evolution
Click to read Part 1 Click to read Part 2 The Courts know that reformers play persuasive roles, bringing about a change in perception that leads in turn to change in conduct. …
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Part 2 of 4 UCC: Uniform does not mean one or even identical
Click to Read Part 1 However, when we come to Art 44, we learn that the State shall endeavour to secure for citizens a uniform civil code throughout the territory of India.…
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India does not need Uniform Civil Code—Personal law is not foreign
Art. 44 of the Constitution came up for comment two decades ago and in Ms. Jordan Diengdeh vs. S. S. Chopra AIR 1985 SC 935 the court (two judges comprising the bench)…
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Hijab: Attempting to conclude an inconclusive debate
Maneka Gandhi “…It is indeed difficult to see on what principle we can refuse to give its plain natural meaning to the expression ‘personal liberty’ as used in Article 21 and read…
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Debating Hijab: A matter of choice
In recent times a political group has been in the news. It has been called names, and there are allegations. The court notes that “suddenly in the middle of the academic term,…
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Debate over hijab: State can make law that regulates secular activity
I ask myself why the Court needed to ask whether the fundamental rights of freedom of expression under Article 19 (1) (a) and the right of privacy under Article 21 are mutually…
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Debate over hijab: Kiskay rokey ruka hai savera
Not mere passive religious tolerance, secularism is a positive concept in the Indian constitution: equal treatment of all religions, and Santosh Kumar v. Secretary, Ministry of HRD quoted Justice H.R. Khanna: secularism…
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Debating hijab: Raat bhar ka hai mehmaaN andhera/Kiskay rokey ruka hai savera
The Supreme Court of India was Considering Civil Appeal No. 7095 of 2022 with a number of other cases bunched together. The verdict was split. The matters will now go before a…