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Category: Constitutional Law

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Regulation of re-employment of persons holding constitutional positions: An ignored element of democracy

POST-RETIREMENT jobs for judges of the higher judiciary always seem to make a couple of news cycles but are ultimately devoid of any sustained dialogue or tangible systematic change. This is probably due to the obvious benefits bridging over the arm’s length distance between the three pillars of democracy coupled with a system that works…
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[Read Petition] A K Bassi – Former IO in FIR against Rakesh Asthana moves the Supreme Court challenging his own transfer to Port Blair

AJAY Kumar Bassi, DSP CBI and former Investigation Officer (IO) in the FIR against the then special director CBI Rakesh Asthana, has filed a petition in the Supreme Court challenging his transfer to Port Blair, Andaman and Nicobar Islands. In his petition filed through advocate Sunil Fernandes, Bassi has challenged the transfer order dated January…
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CJI Ranjan Gogoi recuses himself from hearing a PIL seeking quashing of Nageswara Rao’s appointment as interim director CBI

CHIEF Justice of India (CJI) Ranjan Gogoi has recused himself from hearing a Public Interest Litigation (PIL) challenging the appointment of M Nageswara Rao as interim director of CBI. PIL was listed for hearing today, January 21, 2019, before a two-judge bench of the Supreme Court comprising CJI Gogoi and Justice Sanjiv Khanna. CJI Gogoi…
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Sabarimala: Not adhering to the Supreme Court judgment is flouting one of the constitutionally strongest verdicts of our times

IN his book titled, Politics Women and Well-Being: How Kerala Became ‘A Model’ , Professor Robin Jeffrey praises a politically active population, in which women have some degree of autonomy for the best quality-of-life figures in India. Kerala has the high literacy levels, low infant mortality rate, high life expectancy, highest human development index and a…
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[Read Petition] Appointment of M Nageswara Rao as interim Director CBI challenged in the Supreme Court

NGO Common Cause and noted RTI activist Anjali Bharadwaj have approached the Supreme Court of India seeking quashing of the appointment of IPS officer M Nageswara Rao as the interim Director CBI. Rao was given charge of the office of the Director CBI by an order dated January 10, 2019 issued by the Appointment Committee…
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The Right to Truth and the struggle against State impunity

SOMETIMES, indeed, you could put your finger on a definite lie. It was not true, for example, as was claimed in the Party history books, that the Party had invented aeroplanes. He remembered aeroplanes since his earliest childhood. But you could prove nothing. There was never any evidence.”  ~ 1984, George Orwell On November 12,…
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Why Parliament passing 10% quota Bill against ‘economic backwardness’ defeats the constitutional mandate of reservation

Both the Houses of Parliament have passed the current Minster of Social Justice and Empowerment, Dr Thaawarchand Gehlot’s Bill titled ‘the Constitution (One Hundred and Twenty Fourth Amendment) Bill, 2019’. The Bill sought to amend Articles 15 and 16 of the Constitution to provide a maximum of 10% reservation in public employment and higher educational…
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Babri Masjid-Ram Janmabhoomi case: Constitution bench to pass further orders on Jan 29; Justice UU Lalit recuses himself

A five-judge Constitution Bench comprising Chief Justice of India (CJI) Ranjan Gogoi, Justices S A Bobde, N V Ramana, U U Lalit and D Y Chandrachud today, January 9, 2019, adjourned the Ayodhya case to January 29, 2019 after a brief hearing in the matter and recusal of Justice U U Lalit from the case.…
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