Legal resources

To empower citizens with knowledge of the law, in both simplified and detailed formats, helps fights injustice in all forms.

CJP’s vast archive and resource base gives all Indians, regardless of caste, gender, class or community factsheets, ready reckoners and more elaborate judgement primers to understand how our judiciary and legislature, both, are furthering fundamental freedoms and rights.

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Personal Laws vis-à-vis Fundamental Rights, Part III of the Constitution Analysing State of Bombay v. Narasu Appa Mali, 1951

In India, personal laws deal with marriage and divorce, maintenance, guardianship and succession, joint family and partition etc. These are broadly be characterised as ‘family laws’. While India is a secular country otherwise; in the context of its personal laws, it is essentially pluralistic. Thus, while the Indian Constitution guarantees equality before the law, and…

When rights weigh down laws and bail is granted When courts invoke discretionary jurisdiction to uphold right to liberty

The grant of bail to 82-year-old Telugu Poet Varavara Rao on medical grounds has highlighted that a prisoner is not denuded of his fundamental rights, just because he has been remanded to custody through due procedure of law. It is relevant to examine how courts have upheld the rights of prisoners despite the crimes alleged…

Bail under UAPA: Does the new SC judgment offer a ray of hope? CJP compares two SC judgements on bail under UAPA: Watali, 2019, and Najeeb, 2021

The Supreme Court recently passed a judgment upholding Kerala High Court’s order granting bail to an accused charged under the stringent Unlawful Activities (Prevention) Act (UAPA). This judgment has set a new precedent for consideration of bail of persons charged under UAPA, the number of which has been on the rise since the 2019 amendment…

Ordinances that mocked the Constitution Were they promulgated as per prescribed procedure?

In Indian Constitution, the power to enact laws has been primarily given to Parliament and state legislatures as they enjoy the mandate of the public vote in their respective territories. At the same time, to meet the extraordinary situations demanding immediate enactment of laws, the Constitution empowers the President and Governors to enact laws in…

Ramifications of Bom HC judgement on ‘media trials’ Court warns news channels against abusing Right to Freedom of Speech

A Bombay High Court bench headed by Chief Justice Dipankar Dutta delivered a rather lengthy judgment analysing media trials and whether the media over stepping and obstructing investigation in criminal cases amounted to criminal contempt of court. While the court refrained from issuing any notice of contempt of court for obstructing administration of justice, it…

“Love Jihad” laws curb individual and collective freedoms A comparative table of Anti-Conversion laws of four Indian states

As the courts of law gear up to hear petitions against new anti-conversion laws of Uttar Pradesh and Uttarakhand, the States of Himachal Pradesh and Madhya Pradesh have also formulated their anti-conversion or ‘love-jihad’ laws. While the common thread in these four laws is that they make religious conversion by marriage to be illegal, there…

क्या संवैधानिक कसौटी पर खरा उतर पाएगा यूपी का ‘लव जिहाद’ विरोधी कानून? अध्यादेश व्यक्ति की आज़ादी, स्वायत्तता, निजता और पसंद के अधिकार के खिलाफ

यूपी का ग़ैरक़ानूनी धर्मांतरण प्रतिबंध अध्यादेश, 2020 को नवंबर के आखिर में गवर्नर ने मंजूरी दे दी है. कानून बनने के बाद इसके तहत अब तक दो लोगों के खिलाफ मुकदमे दर्ज हो चुके हैं यूपी के बाद उसी तर्ज़ पर अब मध्य प्रदेश, हरियाणा, कर्नाटक और असम भी ऐसे ही ‘लव जिहाद विरोधी’ कानून…

Why is a private member Bill of 2018 relevant to the farmers today? It seeks guaranteed remunerative MSP, regulated costs, grievance mechanism and compensation

Swabhimani Shetkari Sanghatana (SSS) chief and former Member of Parliament Raju Shetti has said that the farmers and the Union can reach a consensus only if the Prime Minister guarantees a Minimum Support Price (MSP) for farmers to cushion them from unexpected calamities and volatile market changes. SSS is one of the prominent unions under…

NRC for Assam: A flawed design A process with an inherent potential to exclude millions of genuine citizens

The exercise for preparation and updating of NRC for the state of Assam was directed and also monitored by Supreme Court Bench consisting of Justices Ranjan Gogoi and Rohinton Fali Nariman (in the ongoing matter, the judgement dated December 17, 2014 in the case of Assam Public Works Vs. Union of India & Ors (Writ…

“Be Wise and in Love” – The Sovereign An assessment of Laws on Interfaith Marital Unions and Freedom of Marriage in India 2020

Abstract: The present paper aims to understand the legal jurisprudence around interfaith marriages in India by analysing recent legislations passed by several States. It further discusses the roots of such legislations, ideology behind them and what purpose they seek to achieve viś-a-viś the secular Special Marriage Act which is already in effect. The author tries…

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