The Judiciary in India has yet again engaged in their assumed duty - in the matter of religious freedom - of curtailing practices. The ancient and uninterrupted practice of Pashubali or sacrifice of animals in the temples of Tripura has now been banned. This decision has been based on the principle of 'Essential Practices Test'... Continue Reading →
Article 30: Test of Validity or Applicability?
There has been some discussion on social media recently wherein some people have questioned the voices against Article 30 of the Constitution. The question is "What is the problem with Article 30? It is only a protective right to ensure no minority community is deprived of educational rights". This post will attempt to explain why... Continue Reading →
The Core Manifesto
(Will be implemented when those who are pretending to be sleeping wake up) Core promises to extend the rights guaranteed towards religious freedom and to establish educational institutions under Articles 29 and 30 to all citizens, including SCs, STs, OBCs and minorities. Suitable amendments to the Constitution will be made to bring this to effect.... Continue Reading →
Minorities in India: Who Decides?
In the year 2017, Sri Ashwini Upadhyay, a lawyer and senior BJP leader had filed a PIL in the Supreme Court of India asking, primarily, for section 2(c) of the National Commission for Minorities (NCM) Act of 1992 to be declared as void and unconstitutional. He later withdrew the petition stating that he would approach... Continue Reading →
Appointment of Supreme Court Judges: Options Before The Constitution Makers
Article 124(2) of the Indian Constitution deals with the method of appointment of Judges to the Supreme Court. Its form, prior to the failed NJAC Constitutional Amendment Bill of 2014, was as follows: "Every Judge of the Supreme Court shall be appointed by the President by warrant under his hand and seal after consultation with... Continue Reading →
Justice Loya Judgement: Thwarting An Attempt to Cast Aspersions on Judiciary
Two days ago, a 3-judge bench of the Supreme Court, that included the honorable Chief Justice, dismissed a ‘PIL’ related to the death of Justice Loya, a district judge of Maharashtra. Justice Loya was handling the Sohrabuddin case in which Amit Shah, the President of the BJP, was an accused. Several articles have been published... Continue Reading →