Author: Viejay Kumar Kaushal

The landmark case of Kesavananda Bharati v. State of Kerala (1973) remains one of the most significant judgments in Indian constitutional history. It introduced the Basic Structure Doctrine, fundamentally shaping the scope of parliamentary power and the sanctity of the Constitution. This judgment not only defined the boundaries for constitutional amendments but also ensured the preservation of the foundational principles of India’s democracy. Facts Forming the Background of the Case of Kesavananda Bharati The genesis of this case lies in the tussle between Parliamentary sovereignty and the protection of fundamental rights. In 1970, Kesavananda Bharati, the head of the Edneer…

The Indian government has taken a significant step towards streamlining the electoral process with the much-debated One Nation-One Election proposal. This agenda was presented in the Lok Sabha as a step to synchronize elections for the Lok Sabha and state assemblies, reducing the frequency of elections and minimizing disruptions to governance. The bill has sparked debates across the political spectrum regarding its feasibility, benefits, and impact on democracy. Agenda Presented in Lok Sabha regarding One Nation-One Election proposal The proposal of One Nation-One Election was introduced in the Lok Sabha with the aim of holding simultaneous elections across the country.…

Supreme Court Women Lawyers Association vs. Union of India Date: December 17, 2024The Supreme Court of India has issued a directive to the government to respond to a public interest litigation (PIL) filed by the Supreme Court Women Lawyers Association (SCWLA), which seeks stringent measures to combat crimes against women, including the implementation of chemical castration for sex offenders. The PIL also advocates for a complete ban on free online pornography and proposes withholding bail for individuals accused of heinous crimes against women until trial proceedings commence. A Bench headed by Justice Surya Kant directed that the petition be served…

In a groundbreaking turn of events, the geopolitical landscape of South Asia has witnessed a significant shift as the people of Pakistan-occupied Kashmir (PoK), Rawalakot, and Gilgit-Baltistan take to the streets to protest against Pakistan’s and China’s oppressive presence. What makes this movement extraordinary is the growing demand among these regions to be integrated into India—a development that marks a pivotal victory for India without engaging in a conventional war. The Affidavit filed by Pakistan Govt. on POK Shook Pakistan The momentum for this dramatic shift gained traction when Pakistan’s own government filed an affidavit in the High Court, categorizing…

A wave of petitions seeking surveys of historic mosques across India has ignited a heated debate, intertwining law, history, and religious beliefs. The origins of mosques such as the Ajmer Dargah, Adhai Din Ka Jhonpra, and others have come under scrutiny as claims emerge suggesting these sites were originally Hindu temples or Jain establishments. These petitions, admitted in courts across Uttar Pradesh and Rajasthan, are deeply connected to an oral observation by former Chief Justice of India D.Y. Chandrachud during the Gyanvapi Masjid case in 2022, which stated that the Places of Worship Act, 1991, does not bar the determination…

The debate over the Old Pension Scheme (OPS) has been a contentious issue in India, drawing sharp reactions from various stakeholders. The scheme, which guarantees a fixed monthly pension to retired government employees, has been replaced in recent years by the New Pension Scheme (NPS), a market-linked, contributory system. Despite mounting pressure from several quarters, the Modi government has consistently declined to reintroduce OPS. The reasons behind this decision are multifaceted, touching upon economic, fiscal, and governance considerations. The Old Pension Scheme and Its Implications The OPS was a defined benefit scheme that ensured a predictable and inflation-linked pension to…

A city known for its technological advancements and vibrant culture was shaken by the tragic death of Atul Subhash, a 34-year-old AI engineer, who took his own life under heartbreaking circumstances. Atul’s demise not only highlights the darker side of personal relationships but also raises significant concerns about the misuse of legal processes and systemic biases that can push individuals to the brink. Atul, a brilliant mind and a dedicated professional, was employed at a leading tech firm in Bengaluru. Friends and colleagues described him as a quiet, diligent, and innovative individual who was passionate about artificial intelligence and machine…

India, with its vast population and a burgeoning healthcare industry, is no stranger to medical scams. These scams range from the production of substandard medicines to the deployment of defective medical equipment. Such malpractices not only undermine the trust in the healthcare system but also jeopardize the health and safety of millions. Addressing these issues requires a comprehensive understanding of the problem, the existing checks and balances, and the measures that can be implemented to curb these unethical practices. Medical Scams: The Problem of Frivolous Medicines and Faulty Machinery One of the most alarming facets of medical scams in India…

Secularism, as a governing principle, ensures the equitable treatment of all religions by the State, aiming to foster harmony and safeguard individual rights in a pluralistic society. In the Indian context, secularism holds a unique meaning, diverging significantly from its Western counterpart. This article delves into the definition and meaning of secularism in India, explores key Supreme Court judgments that have shaped its interpretation, and highlights the distinctive features and benefits of Indian secularism compared to Western models. Secular-Definition and Meaning In India, secularism is embedded in the fabric of its Constitution and society, ensuring the State’s neutrality in religious…

The Waqf Boards Act, 1995, enacted with the noble intention of managing and protecting waqf properties for religious and charitable purposes, has come under scrutiny for alleged misuse. There have been reports of the Waqf Boards extending their jurisdiction to properties unrelated to Islamic charities, including those belonging to Hindu temples and private owners. This article examines the salient features of the Waqf Act, its mechanisms, case laws, and the rising concerns over its alleged misuse. Salient Features of the Waqf Boards Act, 1995: Determining Whether a Property is Waqf The Waqf Board relies on: Allegations of Misuse: Extending Claims…