ISSN (Print) - 0012-9976 | ISSN (Online) - 2349-8846

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The Politics of Sedition

Sedition laws need to be viewed in light of their political, and not merely legal, uses and abuses.

Of Merit and Supreme Court: A Tale of Imagined Superiority and Artificial Thresholds

In his thought-provoking work, the Tyranny of Merit, Michael Sandel raises a fundamental question—would a perfect meritocracy be just? Sandel answers in the negative based on the following reasoning—the meritocratic ideal does not remedy inequality rather justifies it. But inequality, even of the type that results because of merit, is not justified for it “ignores the moral arbitrariness of talent and inflates the moral significance of effort.” Though Sandel has challenged the utility of merit powerfully, he is not the first one to do so. The utility of merit as an ideal in achieving an equal society has been questioned since much earlier. Interestingly however in the Indian constitutional jurisprudence on reservation, merit has been consistently invoked and treated as an inviolate ideal. The Supreme Court has rarely, if ever, questioned the idea of merit itself and its utility for the Indian society. Even the Court’s most transformative pronouncements on reservation have remained limited to either broadening the rigid understanding of merit or remedying social and institutional inequality by enhancing the scope of doctrine of equality of opportunity so that meritocratic ideal may be truly achieved. However, this approach of the Court has ensured that importance of the idea of merit remains intact. The article argues that the emphasis of the Supreme Court on merit is responsible for the situation where reservation is evaluated through a meritocratic lens leading to a dilution of the empowering nature of reservation.

Fresh Challenges to the 50% Limit on Vertical Reservations

The judicially imposed ceiling of 50% on vertical reservations in India has been questioned recently in two ways—the Supreme Court’s upholding of the 103rd Amendment Act, which allowed economically weaker section reservations beyond 50%, and the state legislations in Jharkhand and Karnataka, whic

A Step Forward for Abortion Rights and a Blow to the Marital Rape Except

The Supreme Court of India has recently held that Rule 3B of the Medical Termination of Pregnancy (Amendment) Act, 2021, which details the categories of women who are eligible for termination of pregnancy up to 24 weeks, should be interpreted to include any woman who has undergone a material change of circumstances. It also holds that marital rape would be rape for the purposes of the MTP Act.

Fragmenting the Principle of Reservations

The majority judgment of the Supreme Court favouring the 10% reservation quota for economically weaker sections (EWS) may be considered by some as a welcome step on the grounds that it addresses the question of economic disadvantage.

Assessing Justice N V Ramana’s Term as CJI

This article analyses the track record of Justice N V Ramana as the Chief Justice of India on the metrics of judicial appointments, progress on major constitutional challenges, and transparency in the exercise of the CJI’s prerogative as the master of roster. The article argues that on these metrics, there was only marginal improvement over the track record of his immediate predecessors.

Crusade against Environmental Pollution in Patancheru in Hyderabad City

Despite protests and legal battles by the residents of Patancheru industrial area in Hyderabad against the polluting industries, Supreme Court orders, and the National Green Tribunal (south zone) judgment, not much has been done to improve the environment and quality of life of people.

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