The debate surrounding the comments by BJP spokespersons Nupur Sharma and Naveen Jindal have put the spotlight on the law that deals with criticism of or insult to religion.   Details – India does not have a formal legal framework for dealing with hate speech. However, a cluster of provisions, loosely termed hate speech laws,… Continue reading Section 295A of IPC

As the Maharashtra political crisis continues, with the Shiv Sena on the verge of splitting and the Chief Minister possibly losing majority, the Governor’s constitutional power to call for a floor test takes centre stage.   Constitutional provisions – There are two provisions in the Indian Constitution that deal with a Governor’s power to summon,… Continue reading Power of Governor

The Election Commission of India (ECI) recently delisted 111 more registered unrecognised political parties (RUPPs). These parties were discovered to be non-existent upon verification of their registered addresses. Furthermore, the ECI referred three parties allegedly involved in financial impropriety to the Department of Revenue, Ministry of Finance, for necessary legal and criminal action.   Registration… Continue reading Delisting of political parties by Election Commission

In June 2022, the West Bengal Assembly passed the West Bengal University Laws (Amendment) Bill paving the way for making the Chief Minister the Chancellor of universities run by the state government, replacing the Governor from the position. Ironically, the Bill will become law only after it receives Governor’s assent.   What powers do Governors… Continue reading Chancellor of State Universities

The Supreme Court (SC) of India recently refused to hear pleas from two former Maha Vikas Aghadi (MVA) ministers, to be released and vote in the Maharashtra Legislative Council elections. The two ministers are in judicial custody on money laundering charges, However, the SC stated that it would consider whether some exceptions could be made… Continue reading Right to vote for prisoners

Tamil Nadu Chief Minister M K Stalin wrote to Prime Minister Narendra Modi, asking that at least three meetings of the Inter-State Council should be held every year to “strengthen the spirit of cooperative federalism”.   What is ‘Inter-State Council’? Inter-State Council is a constitutional body which possesses representatives from the Union Government as well… Continue reading Inter-State Council

Recently, the Election Commission of India asked the Union Law Ministry to consider limiting the seats from which a candidate can contest to just one.   Section 33(7) of the Representation of the People Act, 1951 – Constitution allows the Parliament to make provisions in all matters relating to elections to the Parliament and State… Continue reading Contesting from multiple seats

The Union Home Ministry has issued a set of guidelines to the States and the UTs on the grant of special remission to prisoners. These guidelines have been issued to commemorate the 75th year of Independence.   What is ‘remission’? Remission is the complete ending of a sentence at a reduced point. Remission is distinct… Continue reading New Norms for Remission

Ahead of Rajya Sabha elections in four states i.e., Maharashtra, Rajasthan, Karnataka, and Haryana, various parties have accommodated legislators from at least three states in resorts, away from potential poaching by rival parties.   Seats contested in the current elections — Of the 57 vacancies in Rajya Sabha, 41 candidates in 11 states have so… Continue reading Elections of Rajya Sabha

Supreme Court has invoked its extraordinary powers to do complete justice under Article 142 of the Constitution and ordered the release of A.G. Perarivalan in former Prime Minister Rajiv Gandhi assassination case.   Details – The Supreme Court ordered the release of Perarivalan, invoking powers under Article 142 of the Constitution. The court was of… Continue reading Article 142 of the Constitution