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

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Isreal Conflict