-The Indian Express What is Article 131, under which Kerala has moved SC against the CAA? How does this challenge differ from the other petitions filed against the law? What aspects of India’s federal structure does the case throw up? On Tuesday, Kerala became the first state to challenge the Citizenship (Amendment) Act(CAA) before the Supreme Court. However, the legal route adopted by the state is different from the 60 petitions already...
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Private property is a fundamental right: Supreme Court -Krishnadas Rajagopal
-The Hindu 'Grabbing private land and claiming it as its own makes the State an encroacher’ A citizen’s right to own private property is a fundamental right. The state cannot take possession of it without following due procedure and authority of law, the Supreme Court has held in a judgment. The state cannot trespass into the private property of a citizen and then claim ownership of the land in the name of ‘adverse...
More »SC for transparency, raps 'secret statutes'
-The Telegraph Don’t casually curb rights, govt told The Supreme Court on Friday frowned on the Centre and the Jammu and Kashmir governments for claiming statutory immunity from revealing the reasons for the restrictions imposed in the region, quoting legal philosopher Lone L. Fuller to say “there can be no greater legal monstrosity than a secret statute”. “A democracy, which is sworn to transparency and accountability, necessarily mandates the production of orders as...
More »No country for procedural justice -Anuj Bhuwania
-The Hindu Due process is widely seen as a hindrance to rough and ready solutions promising substantive justice In early December 2019, the Supreme Court heard a petition on the extrajudicial killing of four men who had been arrested on charges of rape and murder of a veterinarian near Hyderabad. Following the incident, the Telangana government had assured the courts that it had already initiated an investigation and inquest into the killing....
More »Justice Madan Lokur, former judge of the Supreme Court, interviewed by Bhadra Sinha (Hindustan Times)
-Hindustan Times Article 14 of the Constitution is not limited only to reasonable [actually rational] classification. What is important is that the rational classification must have a reasonable nexus with the object sought to be achieved by the legislation, says Justice Lokur Justice Madan Lokur, a former judge of the Supreme Court, says the proviso to the definition of illegal immigrant in the amended citizenship act is unconstitutional if one agrees with...
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