Amongst bigger states, after Karnataka and Madhya Pradesh, the Maharashtra post-poll alliance named Maha-Vikas Aghadi between Shiv Sena, Nationalist Congress Party (NCP) and the Congress has fell prey to defection. Shiv Sena won 55 seats in the 2019 Legislative Assembly elections in Maharashtra and formed a post-poll alliance with the NCP and the Congress to form the government under the leadership of Shiv Sena party supremo, Uddhav Thackeray. However, after an internal rift, senior Shiv Sena party leader Eknath Shinde along with 40 MLA’s split from the Shiv Sena and formed the government with the Bhartiya Janata Party (BJP)—with which Shiv Sena had a pre-poll alliance, and Eknath Shinde took oath as the Chief Minister of Maharashtra on 30th June 2022 by winning the vote of confidence of 164 MLA’s out of 288 in the floor test.Continue reading “Guest Post: Maharashtra Political Crises, Anti-Defection Law and the Supreme Court”
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Guest Post: Damage Recovery Mechanism in India and the due process of law
In the recent past, India has witnessed a litany of violent protests that have caused a sizable amount of damage to public and private property. Tellingly, these protests have manifested the callous nature of protestors and the law enforcement officers governing them, and have subsequently thrown light on the lack of stringent laws that make it a strenuous task for the government officials to penalise the malefactors and claim damages from the same. The states of Karnataka and Uttar Pradesh underwent tumultuous agitations that led to a colossal damage to public property. Consequently, the respective state governments were under an obligation to act expeditiously and recover damages from the offenders. A recent investigation undertaken by the Indian Express shows the glaring misuse of authority on part of the State Government and how it had (mis)interpreted the age-old civil law principle of joint and several liability in the determination of damages and recovery of the money from the alleged culprits, thereby raising concerning questions on the adoption of due process. In this article, we analyse the constitutionality of the process or modus operandi adopted by the two governments to recover the damages and subsequently ascertain the pressing need for stricter and more comprehensive laws.Continue reading “Guest Post: Damage Recovery Mechanism in India and the due process of law”
Guest Post: Right to Equality of Persons with Gender Queerness
“There must remain a realm of private morality and immorality which is, in brief, and crude terms, not the law’s business.”—Lord Wolfenden
Last Constitution Day, one of the legal pillar of Calcutta High Court, Hon’ble Justice Soumen Sen, at the event organized by State Legal Service Authority at the Calcutta High Court on 26th November 2021, beautifully etched in our mind the history, law, and jurisprudence of the right to equality of persons with gender queerness. His speech was followed by a powerful and moving speech by Ms. Minakshi Sanyal, alias Malobika, founder member of Sappho for Equality. She shared the story of her struggle for identity as a lesbian and ardent quest to meet someone like her, which pushed her and her partner to stand outside the Cinemas showing the “The Fire” movie, desperately looking for someone just like them. This quest has brought her closer to genderqueer individuals and she has dedicated her life to the cause.Continue reading “Guest Post: Right to Equality of Persons with Gender Queerness”
Holding Sedition Law unconstitutional is not enough: Section 124A
A few months back, most of the national newspapers and twitter-feeds were filled with ‘positivity and praises of the Apex Court’ after the comments passed by the Hon’ble Supreme Court (CJI Ramana, Bopanna, and Roy JJ) in a hearing in which the colonial-era sedition law (section 124A of the Indian Penal Code) was under challenge. The bench of three judges expressed concerns about the ‘misuse’ and ‘lack of accountability of the executives’ under the law. The Court also questioned Attorney General KK Venugopal and asked him (as reported by the Indian Express), “It’s a colonial law. It was meant to suppress the freedom movement. The same law was used by the British to silence Mahatma Gandhi, Tilak, etc. Still, is it necessary after 75 years of independence?”Continue reading “Holding Sedition Law unconstitutional is not enough: Section 124A”