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THE 'BASIC' STRUCTURE
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My name is Swapnil Tripathi and I am a lawyer based out of New Delhi. I take an active interest in the subjects of Constitutional Law and Legal History. During my time in law school I have tried contributing towards the scholarship on Constitutional Law through academic writing.
THE 'BASIC' STRUCTURE
5d ago
The decision of Biju Janata Dal leader and former Chief Minister of Odisha, Naveen Patnaik, to formally appoint a shadow cabinet in the state legislature is a welcome move that should be replicated in Parliament and other states. A shadow cabinet promotes government accountability, increases the relevance of the opposition, and provides citizens with an alternative government.
Earlier this week, Biju Janta Dal (‘BJD’), led by former Chief Minister Naveen Patnaik, formally assigned its members to different departments to mirror the positions held by members of the Cabinet Ministers in the stat ..read more
THE 'BASIC' STRUCTURE
1M ago
Earlier this week, the Madhya Pradesh High Court issued a concerning order in a case concerning an interfaith couple. An interfaith couple, consisting of a Muslim man and a Hindu woman, desirous of getting married, approached the High Court seeking protection from the woman’s family (Respondent No.5), who were threatening the couple. The couple had approached the Marriage Registration Officer to solemnise their marriage under the Special Marriage Act, 1954. However, due to the objections raised by Respondent No.5, they were unable to do so. The couple had also sought a direction to the author ..read more
THE 'BASIC' STRUCTURE
3M ago
In conversation with Dr. Arghya Sengupta and Lalit Panda on Justify: Law and Politics (Vidhi Centre for Legal Policy ..read more
THE 'BASIC' STRUCTURE
4M ago
It must be a rough week in heaven for Justices Krishna Iyer and PN Bhagwati. The two must be intently looking down at the recent discussion over Public Interest Litigation (PIL) in the country and wondering where they went wrong. The two Judges were responsible for the creation of the Court’s PIL Jurisdiction wherein any member of the public can approach the Court highlighting (a) a violation of fundamental rights of someone who due to social handicaps cannot approach the Court, or (b) public injury due to breach of constitutional or statutory provisions by the state. The intention behind its ..read more
THE 'BASIC' STRUCTURE
5M ago
The Supreme Court’s prompt intervention and its decision to exercise its inherent power ensured the protection of the democratic mandate. The three weeks that it would have taken the high court to hear the matter would have led to horse-trading, as was already happening.
Read complete article here – https://www.moneycontrol.com/news/opinion/chandigarh-mayor-polls-supreme-court-ruling-a-rightful-and-timely-exercise-of-inherent-powers-12316901.html ..read more
THE 'BASIC' STRUCTURE
5M ago
The judgment is important for two reasons. First, it is rooted in the reality of politics and money, and second, it furthers the citizen’s right to information for a meaningful participation in a democracy. SC also discussed viable alternatives like Electoral Trusts. However, the Court’s job ends with suggestions as creating policy is within the domain of the Executive.
Link to the complete article – https://www.moneycontrol.com/news/opinion/electoral-bond-judgment-supreme-court-promotes-increased-democratic-participation-12284811.html ..read more
THE 'BASIC' STRUCTURE
6M ago
Happy 75th Republic Day to all Indians. The Constitution of India came into force on 26 January, and it is no surprise that its foremost expert shares a connection with this date. On the same day in 1996, Shri H.M. Seervai, a Padma Vibhushan awardee, former Advocate General and most importantly, the Constitution’s foremost expert passed away at the age of 89. The name ‘Seervai’ is synonymous with Indian constitutional law. Whenever someone is stuck on a proposition of constitutional law, it is Seervai’s writing that is invoked to find a solution.
Seervai appeared in several landmark cases. In ..read more
THE 'BASIC' STRUCTURE
6M ago
My address to the teachers from across India on the eve of National Voters Day. I describe our constitutional journey and the provisions of the Constitution, to argue that following the spirit of the Constitution can make us better citizens.
Views are personal ..read more
THE 'BASIC' STRUCTURE
6M ago
(As India celebrates its 75th Republic Day later this week, this post recalls events of another historic date i.e., 24 January 1950)
“The House will stand adjourned now, sine die.” These were the last words spoken by Dr. Rajendra Prasad as the President of the Constituent Assembly on its last working day i.e., 24 January 1950. The Constituent Assembly first met on 9 December 1946 and over the next 2 years and 11 months, drafted, debated and ultimately passed the Constitution of India. Although, the Constitution was passed on 26 November 1949, it came into force on 26 January 1950. T ..read more
THE 'BASIC' STRUCTURE
7M ago
10 January is globally celebrated as World Hindi Day to honour the third most spoken language in the world. In this post, I discuss the status of Hindi in the Constitution of India. I take you through the story of intense debates in the Constituent Assembly wherein the ghost of Macaulay was invoked. I also discuss Hindi’s journey from a prospective national language to an official language with a hope to replace English eventually. I also discuss the events that made Prime Minister Nehru furious over the use of word ‘subsidiary’ for English and Home Minister Pant’s remark that ‘Hindi will nev ..read more