Category Archives: Constitution

“Veiled Threat”

Nussbaum’s piece for the NYTimes on why the burqa ban does not suit the liberal democracies of Europe. Great read – she rips apart legal and moralistic arguments for such a ban, piece by piece. I’ve pasted disjunctive extracts here. The criticism is based primarily on inviolable philosophical underpinnings, and how the said reasons fail [...]
Also posted in Civil liberties, Court, Democracy, Human Rights, International law, religion | Leave a comment

The Supreme Court: India’s Dark Knight

So much for the notion that all of constitutional law lies there in the Constitution waiting for a judge to read it fairly […] That is why the simplistic view of the Constitution devalues our aspirations, and attacks that our confidence, and diminishes us. A week back, Justice David H. Souter, who stepped down from [...]
Also posted in Civil liberties, Court, Democracy, Featured, Human Rights, Law, Rights, Rule of Law, india | Tagged , , | 7 Comments

Nepal’s Constitutional Crisis: Why India Should Be Worried

Members of Nepal’s Parliament have reached a consensus, ending an impasse that might have resulted in its dissolution. The ‘deal’, struck well past the midnight deadline of May 28, ensured that the country will not plunge into yet another political crisis that looked a certainty till yesterday.  For now, the people of Nepal, the Governments [...]
Also posted in Civil liberties, Democracy, Featured, Foreign Affairs, Human Rights, india | Tagged , , | Leave a comment

Law Clerks and the Indian Supreme Court

If Elena Kagan’s nomination to the US Supreme Court is confirmed by the Senate, the Court will comprise Justices who are all either from Harvard or Yale. Naturally, there has been intense debate on whether the Supreme Court is being fortified in an exclusionary philosophy that favours products of elite, expensive Ivy League education – [...]
Also posted in American Courts, Court, Featured | Tagged , | 2 Comments

Kasab, Afzal Guru and more musings on the death sentence

As the Delhi government reaffirmed its stance on Afzal Guru’s death penalty by returning his file to the Lieutenant Governor, lawyers and political commentators are once again faced with that old and difficult question: is the death penalty justified? This comes quickly in the wake of the Bombay trial court condemning 26/11-prime accused, Ajmal Kasab, [...]
Also posted in Civil liberties, Human Rights, Terrorism | 1 Comment

Problems with a ‘truly’ Constitutional Court

Somnath Chatterjee, Former Speaker of the Lok Sabha, propogated yesterday, in the Economic Times, the establishment of circuit benches with apex appellate jurisdiction, leaving the Supreme Court at the Centre to decide on “questions of constitutional importance”. From his article: I was asked whether it was necessary to curtail the SC’s jurisdiction to only very [...]
Also posted in Court | 2 Comments
  • RSS
  • Twitter
  • Facebook
  • NetworkedBlogs