Talaq-E-Hasan

The Supreme Court of India has agreed to hear a series of petitions challenging the practice of Talaq-e-Hasan as unconstitutional. The petitions have raised concerns about whether this form of divorce, which is a traditional practice in Islam, violates the rights of women and whether it should be reconsidered under the Indian legal framework. What is Talaq-e-Hasan? Talaq-e-Hasan is a for

Legal Insanity

The Chhattisgarh High Court recently acquitted a man of double murder charges on the grounds of legal insanity, underscoring the importance of mental state during criminal trials. This case brings attention to the defense of legal insanity in criminal law, which can excuse individuals from criminal responsibility if they are proven to be mentally unfit at the time of committing a crime. Wha

India Justice Report 2025

The India Justice Report (IJR) 2025, released by Tata Trusts in collaboration with other organizations, sheds light on the critical flaws and challenges facing India’s justice system. The report underscores how delays, overcrowding, and lack of accountability have made justice increasingly inaccessible for millions of citizens across the country. About the India Justice Report (IJR)

Doctrine of Merger

The Doctrine of Merger is a significant legal principle in the Indian judiciary, and the recent emphasis by the Supreme Court on its application highlights its complexities and limitations. About the Doctrine of Merger The Doctrine of Merger is grounded in the idea of judicial discipline and ensures the proper functioning of the judicial and quasi-judicial system. This doctrine states th

India's Criminal Justice System

The recent acquittal of the 12 men convicted in the Mumbai Train Blast Case (2006) by the Bombay High Court has reignited debate over the effectiveness and integrity of India's criminal justice system. The court's decision to acquit all the men, citing the prosecution's failure to provide sufficient evidence, underscores the growing concerns about the backlog of cases and judicial

Election of Vice-President of India

Article 64 of the Constitution of India specifies that the Vice-President's post cannot remain vacant for any period of time, as it is essential for the functioning of the Rajya Sabha (Council of States). When the office of Vice-President is vacant, it is necessary for the Election Commission of India to conduct an election as soon as possible With the resignation of Vice-President Jagdeep

Right to Privacy

The Madras High Court's judgment quashing the 2011 phone-tapping order issued by the Union Ministry of Home Affairs (MHA) marks a crucial turning point in the interpretation of the right to privacy and the limitations of executive powers in India. This ruling aligns with the growing body of constitutional jurisprudence that places the right to privacy as an intrinsic part of the fundamenta

Report on Groundwater Contamination

Report on Groundwater Contamination The Central Groundwater Board (CGWB) recently released a report highlighting alarming levels of groundwater contamination across India. It indicates a troubling rise in nitrate contamination, among other pollutants, affecting both public health and the environment. Key Findings of the CGWB Report Increase in Nitrate Contamination: By 2

Dissent in the Indian Judiciary

Dissent in the Indian Judiciary Context Dissent within the Indian judiciary is a key aspect of its functioning and an important feature of its role in a democratic society. It represents the diversity of thought among judges, the independence of the judicial system, and a mechanism for ensuring a pluralistic and evolving legal system. Nature of Dissent in the Indian Judiciary Judicial

Interpreting the Places of Worship Act, 1991

Interpreting the Places of Worship Act, 1991 The Places of Worship (Special Provisions) Act, 1991 is at the center of ongoing legal challenges, particularly highlighted by the Shahi Jama Masjid dispute in Sambhal, Uttar Pradesh. The dispute revolves around the historical and religious status of the Shahi Jama Masjid, a 16th-century mosque, and whether its religious character can be changed base

Waqf (Amendment) Bill, 2024

The Waqf (Amendment) Bill, 2024, aims to amend the Waqf Act of 1995 and has been referred to a Joint Committee of Parliament (JCP) amidst criticism from opposition parties who label it as “unconstitutional,” “anti-minority,” and “divisive.” Understanding Waqf Waqf refers to a property dedicated to God for religious and charitable purposes, enabling Muslims

Legislative Impact Assessment (LIA)

Why in the News? A recent Supreme Court ruling called for a comprehensive statutory audit of the Maharashtra Slum Areas Act, highlighting systemic issues in its implementation, such as land identification and accommodation for displaced slum dwellers. The Court emphasized that reviewing laws is essential for upholding the Rule of Law and called for Legislative Impact Assessment (LIA) as a syste

Sub-Classification of SC/STs

Recent Judgment In a significant ruling (State of Punjab v. Davinder Singh), the Supreme Court of India, through a seven-judge bench, has allowed states to create sub-classifications within Scheduled Castes (SC) and Scheduled Tribes (ST) categories. This decision aims to provide better protections and targeted benefits to the most backward communities within these categories via fixed sub-quota

Karnataka’s Domicile Quota in Jobs Bill

Overview of the Bill Bill Name: Karnataka State Employment of Local Candidates in the Industries, Factories, and Other Establishments Bill, 2024. Key Provisions: Local Candidate Definition: Individuals born in Karnataka or residing in the state for at least 15 years and proficient in Kannada. Quota Requirements: Management Categories: 50% of positions must be filled by local candidat

Expunction Powers in Parliament

The recent expunction of remarks made by opposition leaders in both the Rajya Sabha and Lok Sabha has stirred significant debate and controversy. Expunction Powers in Parliament 1. Definition and Purpose: Expunction refers to the removal or cancellation of certain remarks or statements from the official records of Parliament. These records, known as the "Hansard," serve as the

Lok Adalats

Lok Adalats in India are a significant part of the country's legal framework, designed to facilitate the amicable settlement of disputes outside the conventional court system. Overview of Lok Adalats Purpose: Lok Adalats aim to resolve disputes in a less formal, quicker, and more cost-effective manner compared to traditional court proceedings. Legal Framework: Established under the

Cabinet Committee on Security

The Cabinet Committee on Security (CCS) is a key body in the Indian government responsible for making critical decisions on matters related to national security and defense. Here's a concise overview based on your details: About the Cabinet Committee on Security (CCS) Headed by: Prime Minister Narendra Modi Members: Union Ministers of Home Affairs Defence Finance Fore

Bilkis Bano case

Context: The Supreme Court has struck down the Gujarat government’s remission orders that allowed the early release of 11 men convicted in the Bilkis Bano gangrape case of 2002. A Bench of Justices B V Nagarathna and Ujjal Bhuyan on Monday (January 8) said the Gujarat government’s August 10, 2022 decision to remit the convicts’ sentences was “illegal”. Ba

NEEDED REFORMS TO SPECIAL AND LOCAL LAWS

Why in the News? The bills proposing reforms criminal laws such as Indian Penal Code (IPC), Code of Criminal Procedure (CrPC) and Indian Evidence Act (IEA) have been tabled in the Parliament. But the proposed bills do not suggest any reforms in critical offences and procedures that are encompassed within the Special and Local Laws (SLLs). Special and Local Laws (SLLs): Nearly,

THE NATIONAL COMPANY LAW TRIBUNAL (NCLT)

NCLT has been constituted by the central govt. under section 408 of the Companies Act, 2013. The body was established based on the recommendation of the V. Balakrishna Eradi committee on law relating to the insolvency and the winding up of companies It is a quasi-judicial body that adjudicates issues relating to Indian companies. The body deals with all proceedings under th

TRANSFER OF HIGH COURT JUDGES

The Supreme Court (SC) collegium has recommended transfer of 24 judges across various High courts in spite of requests for reconsideration of the move. Article 222 of the Constitution: Deals with transfer of a Judge (including Chief Justice) from one High Court to any other High Court. The proposal for transfer of a High Court Judge originates from the Chief Justice of India, who have a

Curative petition

What is Curative petition It acts the last resort for a petitioner for protection from the compensation of injustice in the court after the review petition is dismissed or has been exhausted. It is a judicial innovation by the Supreme Court of India in Rupa Ashok Hurra vs. Ashok Hurra and Anr. (2002) case. Such petitions are considered to cure gross miscarriage of just

Concerns about govt.’s fact check unit

Concerns about govt.’s fact check unit     Why in the News? Recently, the Bombay High Court has reserved its verdict relating to challenging of the constitutionality of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023 (IT Rules). IT Rules, 2023: The Rules permit a Fact Check Unit (FCU) of the

Use of Draconian laws & Law Enforcement agencies

Use of Draconian laws & Law Enforcement agencies     Why in the News? Recently, a media outlet called NewsClick has been booked under UAPA, the anti-terror law for allegations of receiving funds from organisation which are is an arm of the Chinese propaganda machinery.  Considerations for the use of draconian law by the enforcement agencies: The

The triumph of Vachathi over a hostile state

The triumph of Vachathi over a hostile state     Why in the News? The Madras High Court’s judgment recently upheld the human rights of the people of Vachathi in Tamil Nadu by recognising that coordinated and large-scale repression by uniformed forces cannot take place without orders from the top levels of the government. What was the issue? Vachath

Criminal law Bills and a hollow decolonisation

Criminal law Bills and a hollow decolonisation   Why in the News? Three criminal law Bills were introduced in the Parliament in 2022, after an earlier attempt of setting up the Committee for Reforms in Criminal Law in 2020. Colonisation: It is a process of oppression where the colonised become vehicles for the supreme colonial power to fulfil its desires. The colon

Counting deaths in India’s prisons

Counting deaths in India’s prisons Why in the News? As per the Supreme Court Committee on Prison Reforms, suicide was found to be the leading cause of ‘unnatural’ deaths (deaths other than ageing or illnesses) among Indian prisoners. Uttar Pradesh recorded the highest number of suicides between 2017 and 2021. The no. of custodial deaths has seen a steady rise since

Animals’ rights to Live without fear

Why in the News? The Madras High Court has ordered relocation of 495 families of Thengumarahada village within the eastern boundary of the Mudumalai Tiger Reserve (MTR) draw special attention to the right of animals to live free from fear and distress.   News in Detail: The court ordered the total compensation amount of ₹74.25 crore be released from the Compensatory Afforesta

New Bills for holistic revamp of Criminal laws

Why in the news? Three new bills have been introduced in the Lok Sabha seeking to replace the colonial era laws – the Indian Penal Code, Criminal Code of Procedure and the Indian Evidence Act.   News in Detail: An Expert committee was formed in May 2020 to undertake public consultations and make recommendations to the Government regarding the reform of criminal laws in In

Transfer of High court judges

The Supreme Court (SC) collegium has recommended transfer of 24 judges across various High courts in spite of requests for reconsideration of the move. Article 222 of the Constitution: Deals with transfer of a Judge (including Chief Justice) from one High Court to any other High Court. The proposal for transfer of a High Court Judge originates from the Chief

Higher judiciary suffers from Diversity-deficit

Higher judiciary suffers from Diversity-deficit Why in the news? A Parliamentary committee report has reported that the higher judiciary suffers from diversity deficit as the representation of SCs, STs, OBCs, women and minorities are below the desired levels. Observations of the Parliamentary Committee report: A declining trend has been observed in the rep