Skip to main content

Posts

Showing posts with the label Judiciary

Judiciary losing its Credibility: on Justice Arun Mishra's praisal of PM Modi

Justice Arun Mishra of Supreme Court gave a speech at the ‘International Judicial Conference 2020’, the topic of which was - “Judiciary and the changing world.” This was not an ordinary conference.  That speech has come into controversy now.  In that speech, Justice Arun Mishra said, ‘the  PM Modi  is a versatile genius, who thinks globally and acts locally’. The union government is the biggest litigant before the Supreme Court and there is something called presumption of the constitutionality which is not healthy for a democracy like India. Also Read:-   AAP और BJP के 'प्रयोगों' का नतीज़ा है दिल्ली हिंसा! Presumption of Constitutionality Whenever parliament passes a law, the SC assumes that this law is constitutional. It is for the petitioners to prove that this law is unconstitutional and if the petitioners prove that this law is unconstitutional, SC will strike that law down. But if a SC Judge praises the member of the executive , t...

The CAA Narrative is a Watershed Moment for the judiciary not to falter

The recent enactment of the amendments to the Citizenship Act of 1955 has left many very disturbed. The legislation itself is undoubtedly problematic and is when compounded by the linkages with the National Register of Citizens (NRC), creates a sense of fear in a particular community.  The  CAA  is touted as a “fast-track” means of granting citizenship by naturalization to what it identifies as persecuted minorities (Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians) from three neighboring countries (Afghanistan, Bangladesh, and Pakistan). Those belonging to these communities from these countries will not, as per the law, be regarded as “illegal immigrants”. It is arbitrary and violates the right to equality before law enshrined in Article 14 of the  Indian Constitution . It deliberately marginalizes Muslims as a minority community and uses religious identity as the basis for granting citizenship The protests that have followed the  Citizen...