Constitution
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Constitution as a Proponent of Women Empowerment in India
The framers of our Constitution have incorporated certain provisions within the Constitution to ensure the enforcement of Fundamental Rights; the most important of which is the Right to Constitutional Remedies under Part III, which has been made a Fundamental Right. This is the most unique feature of our Constitution. A citizen has the right to…
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India’s Slow March Back to ADM Jabalpur
50 Years Later, What Have We Learned? This year marks the 50th anniversary of the National Emergency imposed by Prime Minister Indira Gandhi under Article 352 of the Indian Constitution. This 21-month period is often touted as the “blackest era” in India’s democratic history. During this phase, several constitutional provisions and laws such as the…
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“Scandalising The Court”: A Colonial Relic In The 21st Century
In the world’s largest democracy, the judiciary occupies a revered position as the sentinel of constitutional values. Yet, its enduring authority to punish for criminal contempt, particularly through the archaic and amorphous doctrine of “scandalising the court”, invites renewed scrutiny in 2025, a year marked by both institutional introspection and public unease. Under Section 2(c)(i)…
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Constitutional Disruptions And Institutional Amnesia: A Study Of India’s Democratic Fragility
Abstract “If I see the constitution being misused, I shall be the first to burn it.” This is a well-renowned quote from Dr. B.R. Ambedkar, which incorporates the essence of possible misuse of the constitution and the chances of constitutional breakdowns. India is widely accepted as the largest among democracies and a country that incorporates…
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The Journey of Right to Information in India
Right to Information (hereinafter RTI) can be referred to as a tool to ‘Empower the General Masses of the country. ‘It is a surprising fact that in such a vast country like India, which is also the world’s largest democracy, there was no any prescribed way through which the general public could access the information…
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Right to Shelter: To be or not be?
In India, the Constitution is a living document which guarantees every citizen a bundle of rights which have been described under Part-III of the Constitution. It is the most important segment of the Constitution where certain rights, like equality, freedom to express and other connected rights have been guaranteed against any arbitrary state action. The…
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Free Speech and Internet Shutdown
“If the freedom of speech is taken away then dumb and silent we may be led, like sheep to the slaughter”[1] – George Washington This profound statement emphasizes the significance of free speech, a fundamental right that has been perpetually under siege by those in power. It highlights the dangers of suppressing free speech and…
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The Measure of Justice and the Question of Minority Rights in India
Before we delve into the discussion of rights of minorities in India, it is appropriate to understand what defines a minority. Internationally, there is no consensus upon the definition of a minority group. The United Nations has emphasized the rights of minorities and addressed the characteristics required for a group to be recognized as a…
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Judicial Appointment: Conflict and Suggestions
The conflict between the government and judiciary over the appointment of judges is not new to our democracy. The passing of the National Judicial Appointment Commission Act (the “NJAC”) in 2014 marked an intense confrontation between them. India has seen significant discontent over the manner of appointments of judges in higher judiciary. In October 2022, the…