Constitution

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Secularism and the Constitution This piece was authored as a part of the Concerned Citizens Tribunal, Crimes Against Humanity, Gujarat 2002

The preamble of our Constitution begins with the expression ‘We, the People of India’ and states that it is the ‘People’ who have resolved solemnly to constitute India into a Sovereign, Socialist, Secular, Democratic Republic and to secure to all its citizens, – JUSTICE social, economic and political; – LIBERTY of thought, expression, belief, faith and worship; –…

Right to Health: The forgotten Constitutional mandate What is expected of the government, and how this mandate has been repeatedly violated

The second surge or wave of the Covid-19 crisis has been described in turn as a storm or even a tsunami. If the international news media is replete with accounts of the failure of governance by the Centre, regional news outlets have been graphically reporting the fallout of the devastation and tragedy on the ground,…

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…

Heroes without Capes: Human Rights Defenders

Heroes without Capes: Human Rights Defenders Rightscast, CJP's podcast series is out now!

CJP launched a campaign in solidarity with our human rights defenders whose basic rights are being infringed upon by the state. It is a call for strengthening dissent. Know more about the campaign at https://cjp.org.in/human-rights-defenders/ Podcast · Heroes without Capes: Human Rights Defenders

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…

Today we Renew our Pledge to Fight for All Indians A small message from CJP secretary Teesta Setalvad on Constitution day

Since its formation in 2002, CJP’s work has expanded and multiplied while its vision has only strengthened and deepened. You will find us active in the challenging work of legal literacy: engaging with hapless and unlettered persons being rendered stateless by Foreigner’s Tribunals (Assam’s Citizenship Crisis), forest dwellers and Adivasis in protecting their land and…

High Court striking down Central law: Impact on Jurisprudence Ramifications of recent SC direction in petition challenging Epidemic Act

The Supreme Court recently refused to entertain a plea challenging validity of a central law questioning why the petitioner had not approached the High Court where the cause of action had arisen. The petitioner was challenging the Epidemic Diseases Act and the bench of Justices DY Chandrachud, Indu Malhotra and Indira Banerjee were hearing  the petition. Justice Chandrachud…

Linking Aadhaar to Social Media From public welfare distribution to surveillance?

The State on numerous occasions has tried to impose the use of the Aadhaar card upon the citizens. While, the Supreme Court has upheld a few of such mandates of the State, the question of whether the imposition is valid on few other services keeps coming up before the Courts of the land vide myriad…

गांधीजी को किसने मारा और क्यों ? आज़ाद हिंदुस्तान का पहला आंतकवादी हमला

क्या आपको मालूम है की गाँधीजी को मारने की पांच विफल कोशिशों के बाद , छठा सफल हुआ। उन्हें मारने की पहली कोशिश 1934 में हुई थी। तो कौन था जिसे गांधीजी से इतने गिले शिक़वे थे ? किसकी संकीर्ण, खूनी विचारधारा में गांधीजी जैसे महानुभाव की कोई जगह नहीं थी। और वो कौन है…

Fringe groups booked for burning the Indian Constitution FIR has been lodged by Akhil Bhartiya Bheem Sena in Delhi against the hooligans

Burning the Indian Constitution is rejecting democracy and secularism which is what India stands for. An FIR has been lodged by Akhil Bhartiya Bheem Sena against the fringe groups who burned the Constitution in New Delhi on August 10th 2018. These hooligans also shouted anti-constitution, anti-Ambedkar and anti-SC/ST slogans while burning the Constitution.

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