Kaleeswaram Raj
When the Court stands with the State
The task before the SC is to carry out an emancipatory role when faced with the content of the law, which on the face of it, negates the constitutionally guaranteed freedom.
17 Apr 2023
If fraternity is a constitutional virtue, politics of the day is divorced from Constitution
The tragedy is that today’s politics is divorced from the Constitution, with striking contradictions between the two.
06 Mar 2023
‘Basic Structure’ as democratic defence
Since Kesavananda Bharati, the SC has been filling a vacuum in India’s basic law with a sense of pragmatism.
17 Feb 2023
Demonetisation verdict: Rhetoric and reality
By turning a blind eye to human suffering, the majority verdict is without a sense of constitutional compassion.
13 Jan 2023
Reform the court while protecting it
The court is not fault-free. Its collegium system should be replaced by a more democratised system.
02 Jan 2023
Legislating religious revivalism
The Constitutional lens of common brotherhood gets replaced by a religious lens coloured by divisiveness.
19 Dec 2022
Drawing the line: Hate speech is not free speech
For aggressive speeches other than those amounting to offences, we need to evolve an institutional mechanism.
25 Nov 2022
Choosing the umpires of democracy
Judicial mysticism has fenced out many meritorious persons and blocked their access to the bench. There are no criteria or assessments of moral or intellectual calibre
09 Nov 2022
Democracy is a mosaic of languages
History tells us that any decision on language should not be taken lightly by disregarding linguistic federalism. Conflict in the name of language is a reality worldwide.
20 Oct 2022
Just to remind, bail is the rule of democracy
Jail is not merely an exception; it is a predicament that a mighty state imposes upon a helpless individual.
26 Sep 2022
Remission and the notion of justice
To put it plainly, there is a lack of fairness in the process that led to the Gujarat government’s decision. Its basis, which is the circular of 1992, can hardly pass constitutional muster.
31 Aug 2022
The future of the Indian Constitution
The Constitution is a document of compassion and understanding. It is the negation of hate in black and white. It is a unifying force, not a divisive weapon.
28 Jul 2022
When bulldozers threaten to raze democracy
The point, however, is the glaring dichotomy between the text of the law and judgments on the one hand, and their complete negation by the state at the ground level, on the other.
04 Jul 2022
Casteism threatens constitutionalism
Indians have exported the prejudices of casteism abroad and the oppressed castes across the world need legal protection against this menace.
11 Jun 2022
Draconian laws must go forever
The trajectory of the cases in the Supreme Court challenging the sedition law (Section 124 A of the IPC) has been curious.
15 May 2022
Why Karnataka marital rape verdict is problematic
Case was not one challenging constitutional validity of exception under Sec 375. But what was not an offence at time of its commission cannot be termed as an offence by way of an interpretive process
15 Apr 2022
A case for reforming Lokpal and Lokayukta
The ombudsmen, brought in after the 2011 anti-corruption movement, have become powerless both at the Centre and in the states. What should be done to revive the institutions?
09 Mar 2022
Clothing and the right to religious freedom
Religious freedom is the hallmark of pluralism. While legitimate restrictions are to be accepted, irrational intrusion into religious notions should be averted.
07 Feb 2022
Legislating equality and fraternity
Communalism can be resisted, not by a different version of it, but only by constitutionalism. The politics of hatred need to be checked by politics of love and inclusiveness.
10 Jan 2022
AFSPA, a law warranting immediate repeal
The pity is that the statute as well as the forces that were designed for the people of the country unreasonably and unjustly burden them instead
14 Dec 2021