The sentencing of Dr. Binayak Sen involves unverified charges, and unreasonable and unconstitutional findings. The constitutional validity of the charges of sedition and conspiracy that were used to implicate rights activists such as Binayak Sen merely for their anti-establishment political thoughts needs to be challenged. The action ridicules the constitutional guarantee of freedom of expression. The sections of the Indian Penal Code that deal with “conspiracy to wage war against the government”...

The historian Ramachandra Guha has famously described India as a fifty-fifty democracy. But even admirers of India as a functioning democracy will perhaps be forced to admit that certain events in 2010 forced the needle to move beyond fifty against democracy. Threats to democracy and democratic rights have never been as evident, and as powerful, since the dark days of the Emergency in 1975-76 as they were in the course...

The Supreme Court on Monday asked Attorney-General G.E. Vahanvati to produce in a sealed cover a copy of the complaint received against corporate lobbyist Niira Radia, which formed the basis for the Income-Tax Department to tap her telephonic conversations.A Bench comprising Justices G.S. Singhvi and A.K. Ganguly said this to the A-G after perusing the Centre's counter-affidavit in the petition filed by industrialist Ratan Tata, alleging that the publication of...

The Assange saga may be as good for the jurisprudence of rape as the whole WikiLeaks issue may be for the strength of free speech and the Internet.Julian Paul Assange's life as a hacker and “rogue journalist” (as he is to some people) had the makings of a classic Hollywood potboiler, initially. Eventually, it appeared to have turned into high drama, with two women alleging rape and molestation, a Swedish...

‘Independence of judiciary and right to free speech are of great value' A Constitution Bench of the Supreme Court will decide the conflict between the right of citizens to obtain information under the Right to Information (RTI) Act and the right to immunity enjoyed by the judiciary not to disclose information pertaining to appointment of judges. A Bench comprising Justice B. Sudershan Reddy and Justice S.S. Nijjar on Friday referred to the...