In Conversation: ‘Why the Constitution Matters’ – Justify Season 4, Episode 2
THE 'BASIC' STRUCTURE
by Swapnil Tripathi
3d ago
In conversation with Dr. Arghya Sengupta and Lalit Panda on Justify: Law and Politics (Vidhi Centre for Legal Policy ..read more
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India’s PIL Mess: The Court’s own wrongdoing that needs fixing
THE 'BASIC' STRUCTURE
by Swapnil Tripathi
1w 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
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Chandigarh Mayor Polls: Supreme Court ruling a rightful and timely exercise of inherent powers (For Moneycontrol)
THE 'BASIC' STRUCTURE
by Swapnil Tripathi
1M 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
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Electoral Bond Judgment: Supreme Court promotes increased democratic participation (For Moneycontrol)
THE 'BASIC' STRUCTURE
by Swapnil Tripathi
1M 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
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Remembering H.M. Seervai – India’s ‘Authority’ on Constitutional Law
THE 'BASIC' STRUCTURE
by Swapnil Tripathi
2M 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
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On National Voters Day – The Role of the Constitution in Shaping Good Citizens (VIDEO)
THE 'BASIC' STRUCTURE
by Swapnil Tripathi
2M 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
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24 January 1950 – Signing of the Constitution and National Anthem
THE 'BASIC' STRUCTURE
by Swapnil Tripathi
2M 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
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On International Hindi Diwas: Hindi and the Constitution of India
THE 'BASIC' STRUCTURE
by Swapnil Tripathi
3M 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
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When a President exercised ‘Pocket Veto’ over the Post Office Bill
THE 'BASIC' STRUCTURE
by Swapnil Tripathi
3M ago
Earlier this week, the Parliament passed the Post Office Bill, 2023 which empowers the government to intercept any item. However, 37 years ago, a President had refused to grant his assent to the Bill on the same ground, making it the first instance of ‘pocket veto’ in India. In the year 1984, Rajiv Gandhi was sworn in as the sixth Prime Minister of India (‘PM’) and commanded a thumping majority in the Lok Sabha with 414 out of 541 members. In 1986 under his government, the Parliament passed the Indian Post Office (Amendment) Bill, which amongst other things allowed the government to intercept ..read more
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Views on Article 370 Judgment in Bottom Line with Barkha (Mojo Story)
THE 'BASIC' STRUCTURE
by Swapnil Tripathi
4M ago
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