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Underperforming MLAs Should Be Ousted, But Only In Strong-Led Parties

Sayani ChakrabortyNovember 16, 20220

The BJP's approach to elections is distinguished by its clinical evaluation of the likelihood of reelection for each existing lawmaker. Fear has spread among several of the BJP's Karnataka legislators after the party lost over 30 sitting MLAs in Gujarat. Only 149 out of 312 UP MLAs from BJP's 2017 triumph were re-elected earlier this year. In general, this is a decent method. As many MLAs run for office under the party's symbol, the party has a responsibility to the electorate not to re-nominate an underperforming member. Keeping the party at arm's length from any local anti-incumbency against the candidate is a plus as well. In most cases, this is possible only for parties with exceptional leadership. It was reported in 2021 that the CPM in Kerala has expelled 38 of its sitting MLA...

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Supreme Court Ordered Release Of Murders Of Rajiv Gandhi, Supported By Tamil Nadu Government!!

Gunjan ChaudharyNovember 11, 20220

Today the Supreme Court gave a big verdict in the former Prime Minister Rajiv Gandhi assassination case. The court has ordered the release of all the six convicts in the murder case. Let us tell you, Nalini Sriharan and Ravichandran had moved the Supreme Court demanding their premature release in Rajiv Gandhi assassination case. Justice BR Gavai and Justice BV Nagarathna while giving the verdict said, the order of release of convict Peranivalan is also applicable to other convicts in this case. On May 18, the apex court ordered the release of Perarivalan. He had already served more than 30 years of his life in prison. The court has said that till now no decision has been taken by the Governor regarding this matter, so we are giving our order on this. Let us tell you, seven convicts o...

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Collegium And Issue With Court Proceedings: Questions On Mechanism Of Judiciary

Pooja YadavOctober 20, 20220

Justice UU Lalit, when suggested Justice D Chandrachud as his replacement when the mechanism intended for the collegium of the Supreme Court and described in the 1999 Memorandum of Procedure, was put into motion by the present Chief Justice of India (CJI). Because of this, the institution of the "collegium" system, which controls nominations in the higher judiciary, has once again gained attention. The term 'Collegium' refers to a system for the appointment and transfer of judges within India's higher courts that was created as a result of Supreme Court (SC) rulings rather than a statute approved by Parliament or a provision in the Constitution. The collegium has frequently been referred to as an extra-constitutional or unconstitutional group that was established as a result of Sup...

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Why Supreme Court’s Decision On Abortion Is A Monumental Victory?

Sayani ChakrabortyOctober 17, 20220

The Supreme Court's ruling that unmarried women have the same right to abortion access as married women in the event of a medical emergency. This action is required to rectify a discrepancy between the law as written and as it is actually being applied. This ruling, which has been praised by feminists and medical professionals all over the world, marks a turning point in India's progress toward gender equality and the advancement of women's health. The Supreme Court held that there is no basis to exclude single or unmarried women from the categories of women who can seek abortion treatment after 20 weeks, but before 24 weeks, based on the equality provision of the Constitution and women's rights to dignity, privacy, and bodily autonomy. This Supreme Court ruling will go a long...

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Supreme Court’s Landmark Judgement: Right To Abortion For All!! Married Or Unmarried Women!!

Gunjan ChaudharySeptember 29, 20220

The Supreme Court today gave a landmark judgement by giving the right to abortion to all the women of the country, whether they are married or unmarried. The apex court said that under the Medical Termination of Pregnancy (MTP) Act, everyone has the right to abortion at 24 weeks. Under this right it does not matter whether the woman is married or unmarried. The apex court held that the marital status of a woman cannot be made a ground to deprive her of the right to terminate an unwanted pregnancy. Single and unmarried women all have the right to abortion under the said law at 24 weeks of pregnancy. The Supreme Court has said regarding abortion that the wife can get an abortion within the prescribed limit of 24 weeks even in the case of 'marital rape' by the husband. And this should be c...

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Hijab Row: “Educational Institutions Have The Right To Determine The Uniform”, Says Supreme Court!!

Gunjan ChaudharySeptember 15, 20220

The matter of ban on hijab in educational institutions was heard in the Supreme Court today. During this, the top court said that the rules say that educational institutions have the right to prescribe uniforms. And Hijab is different from the uniform. The hearing of the case in the Supreme Court will continue on Monday (September 19). The hearing on the Hijab case is going on in the Supreme Court for the last several days. The right not to wear clothes will also exist In a case challenging the ban on hijab in educational institutions of the Karnataka government, the Supreme Court had earlier told the petitioners that if the right to wear clothes is claimed as an absolute fundamental right under Article 19 of the Constitution, then the right not to wear would also exist. During this, t...

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Don’t Compare Sikh Turban, Kirpan With Hijab, Says Supreme Court: Report Suggests

SHIVANI UJJAINWALSeptember 9, 20220

Comparing people to Sikhs might not be appropriate, according to Justice Hemant Gupta, because the Constitution recognises the right to carry a kirpan. The judge noted, "So don't compare practices." As a five-judge Supreme Court panel ruled that wearing a turban and kirpan is acceptable for Sikhs, the Supreme Court stated on Thursday that there is no connection to be made between the turban and kirpan worn by Sikhs and the hijab. According to news agency ANI, the comments were made as a bench of Justices Hemant Gupta and Sudhanshu Dhulia heard different petitions contesting the Karnataka High Court decision upholding the hijab ban in educational institutions. Advocate Nizamuddin Pasha, who is studying Islam and Arabic and is representing one of the petitioners, attempted to compare

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Can Religious Clothing Be Worn In Secular Public Schools?: Supreme Court On Hijab Row

Sayani ChakrabortySeptember 6, 20220

Multiple petitions were being heard by the Supreme Court, all of which aimed to overturn the Karnataka high court's decision to sustain the ban on the hijab. The Supreme Court, while hearing several petitions Monday challenging the Karnataka high court's decision to uphold a ban on hijab, noted that a person has a right to practise religion, but the question is whether it can be taken to a school which has a set uniform. The highest court in the land wanted to know if a hijab-wearing student could attend a school that required students to wear uniforms. It's possible that you have the freedom to practise whichever religion you choose. But can you put that into practise in a school that requires a uniform? A panel consisting of Justices Hemant Gupta and Sudhanshu Dhulia said that thi...

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Supreme Court To Set Up Bench To Hear Appeals Against Hijab Ban

Sayani ChakrabortyAugust 2, 20220

India's Supreme Court on Tuesday, Aug. 2, said that it will set up an appellate panel to examine a number of appeals challenging the Karnataka high court's decision not to overturn the state's prohibition on students wearing the hijab in public schools. Senior counsel Meenakshi Arora, representing one of the appellants, made her arguments before a bench that included Chief Justice N.V. Ramana and Justices Krishna Murari and Hima Kohli. "A bench will be built by me. A judge is ill, according to the Chief Justice of India. Arora stated that the appeals against the high court judgement had been submitted back in March, but had not yet been scheduled for hearing. “Wait. According to CJI Ramana, if the judges had been okay, the subject would have come up. An agreement was made by Indi...

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The CJI Ramana Calls Media ‘Kangaroo Courts’ Amid Criticisms Of Judiciary

Vikas DeshwalJuly 26, 20220

Chief Justice Of India Ramana also told out that there has been an expansion in the number of physical aggression on judges and announced that non-filling up of judicial emptiness and not enhancing the infrastructure were the primary causes for the pendency of issues in the nation. Chief Justice of India N V Ramana Saturday, while documenting problems confronting the present-day court, stated that several media societies in the country were operating "kangaroo courts… on problems actually encountered judges find hard to settle on". Addressing an occasion at the National University of Study & Research in Law in Ranchi, the CJI stated: "Ill-informed and agenda-driven debates on problems involving justice delivery are demonstrating to be dangerous to the healthiness of democracy. Pe...

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‘If Children Can Go To School At 7AM, Why Can’t Court Be Held At 9’, Know Why Justice Lalit Said This?

Gunjan ChaudharyJuly 15, 20220

A bench of the Supreme Court on Friday gave a big message to the careless people, citing the example of school children. In fact, Justices U U Lalit, Justice S Ravindra Bhatt and Justice Sudhanshu Dhulia reached the court early on Friday and their bench started hearing the cases from 9.30 am. During this, Justice U U Lalit, remarking that if children can go to school at 7 in the morning, then why can't lawyers start their work at 9 in the morning. Significantly, Justice Lalit is at the top of the order of seniority to become the next Chief Justice of India. Justice Lalit said, 'According to me, we should ideally sit down (for work) from 9 am. I have always said that if children can go to school at seven in the morning, why can't we come at nine in the morning.' After the hearing was ove...

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Nation Seeks Clarity From Indian Court Over Court Judgement On Zakia Ahsan Jafri

Sayani ChakrabortyJuly 15, 20220

More than 450 pages of "annexures" are included in the Supreme Court of India's ruling in Zakia Ahsan Jafri v State of Gujarat (2022). For those who don't know what they're looking at, it would appear like Narendra Modi and Amit Shah were acquitted after a lengthy trial in which they were charged with crimes against humanity. It's not, unfortunately. It is, ironically, putting together all the facts and evidence to prove that these two political leaders do not need to face any criminal charges. When the Court dismissed the necessity to look into the circumstances behind Judge Brijgopal Harkishan Loya's death, it used the same manoeuvre (Tehseen Poonawalla v Union of India [2018]). In both the Loya and Jafri cases, the petition was to begin an inquiry rather than to reach a conclusion on...

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