Research Director at Vidhi Centre for Legal Policy
@vidhi_india
; Host of JUSTIFY- a podcast on law and politics; Author; Columnist; Strong views on most things.
The roof collapse at Delhi’s T1 airport is not a technical failure. It is a systems failure. Every time a passenger uses the airport, they pay a fee (usually in the range of 150 rupees) that goes to the airport. In 23-24, delhi airport handled 7.36 crore passengers so that’s
A new fad at Indian conferences: Fireside chats. At 11am in the morning in 40 degrees heat in a country where no has a fireplace. This is why our future is bleak- we're simply unable to think for ourselves! To organisers of such conferences: How about calling it an adda instead?
Ambedkar is the father of the Constitution but did not draft the entire document himself. Like India’s win in the Asia Cup yesterday, it was a team effort with one standout performance.
At the conclusion of the innings of the Constituent Assembly on 26th November 1949, its
The Bar Council of India said this today: “Today, the standard of Legal Education in India is second to none.” Unless there has been a revolution in the last fifteen years, this statement shows exactly what is wrong with legal education in India (1/n)
Shyam Divan is absolutely right in his live arguments before the Supreme Court just now. The Chief Justice of India cannot simply think a judgment by a 5 judge bench of the Supreme Court is wrong, place it before 7 judges and look to correct the error. That is simply creating an
Make our laws SARAL- draft easy to understand laws and write short judgments on them. My plea that in the 75th year of independence let’s not continue outdated colonial drafting methods. My oped it
@TOIIndiaNews
today.
The Bengal Governor has as much power to sanction arrests of state ministers as the Commissioner of Police Kolkata has to arrest union ministers in Delhi. His act is unconstitutional, illegal and unconscionable. It is a disgrace to the Constitution.
Just finished watching the full record of the same sex hearings in Court. I’m left with one overriding feeling- our judges are sharp and clear, but our lawyers, bar some, are underprepared & incapable of clear legal argument. This is not how constitutional law is done.
When I was growing up, watching Karan Thapar on Devil’s Advocate used to be a real highlight. A few decades later it was a joy to be sparring with him for his interview. My view that the constitution is a colonial document unsettles many and Karan was no exception. But I’m
When Indian lawyers who have won scholarships promising to change India are thrilled to announce their jobs with foreign governments, I wonder how long we have to go before we can really get rid of our colonial hangover.
Answer: very, very long.
There has been a lot of chatter recently on the first Rhodes Scholar to become an MP in India. Whether someone is a Rhodes Scholar from Oxford or a graduate of Jogomaya Devi College doesn't matter. What matters is whether they can genuinely be a voice of the people. In this, the
The new parliament building has lost some of its sheen because of Ramesh Bidhuri. It will always be the building whose first notable act was passing the women’s reservation bill but whose first notable speech was Ramesh Bidhuri spewing hate against Muslims.
Just back from Ahmedabad. The better team won on the day but it’s a lesson for the BCCI to choose its final venue wisely. This may be the largest stadium but the stadium noise isn’t the kind that will intimidate any opposition. The acoustics are poor, the crowd, by and large is
The new criminal law bills bring about far reaching changes to what crime & punishment mean in India. These are not bills that should be rushed through the houses at a time many MPs remain suspended. They need consensus. Not trying for it would be criminal.
Following the suspension of 46 MPs (33 yesterday and 13 on December 15), Lok Sabha to discuss bills to reform criminal laws in the country.
Lok Sabha agenda also includes:
-The National Capital Territory of Delhi Laws (Special Provisions) Second (Amendment) Bill, 2023
-The
The Supreme Court has recently delivered a landmark judgment on free speech. It held that Javed Ahmed Hajam, a professor in Kolhapur, could not be prosecuted for criticizing the abrogation of article 370 or for wishing happy Independence Day to Pakistanis. Unlike many other SC
The judgment of the Supreme Court in the Article 370 judgment was wrong. I have written earlier why this was a hard case for the Court with a complex question that straddled constitutional law, history and politics. But its judgment fell short on all three counts- it got its
1. Delusion- there is a fine line between confidence in oneself and refusal to accept one’s shortcomings. Legal education in India is stuck for the last three decades with minimal changes in curricula and teaching methods (2/n)
Since the govt is set to continue building the new parliament in the middle of a pandemic that has killed 270319 Indians and counting, here’s an idea for all sensible parties for their manifesto- we will turn the new parliament into a national COVID memorial. Lest we forget.
I went to National Law School, Bangalore from 2003 to 2008. Those were the best years of my life. But the legal education we got was below par. There were some great professors who really challenged us, but they were outnumbered by some who were very poor. (4/n)
5 takeaways from today:
1. The Indian citizen despises hubris.
2. The traditional wisdom of keeping politicians on their toes is back. Keep them honest by showing them who’s boss.
3. Electoral reforms are a must. This includes audit of EVMs and active deliberation on how to
Indians, particularly in the media who think of Rishi Sunak as one of us need to think again. Just watch his video to become PM littered with “our country” (England), “my values” (British) in his posh British accent. Rishi Sunak is not Indian. Get over it.
The rule of law in my home state of West Bengal has plumbed a new low today. The Aparajita woman and child amendment bill was passed by the West Bengal assembly today unanimously by all political parties. A key section of the bill that deals with rape that leads to the victim
The BCI should not get defensive about the criticism of its curriculum by the Kerala judge. They should take it as encouragement to innovate in giving Indian law students the education they need to solve ordinary problems and make meaningful social change in India (n/n).
The Supreme Court order that resident doctors in Calcutta should stop protesting by 5 pm today if they want to remain immune from disciplinary action is wrong as a matter of law. It may be wise advice but the court is a court of law that decides according to legal principles, not
If kejriwal remained in prison, he would have been able to contest the delhi election but would not be able to vote. Isn’t that absurd? But that is exactly how the law is. A person who is not convicted of any crime but is in jail cannot vote but a person convicted of a minor
The vast majority were mediocre. And as students we were happy to while away our time, make sure we got attendance, take some notes and rattofy for the exam. Some really core legal subjects like contracts were taught in a way that I could never come to love it (5/n)
2. Litigation-centric- the Kerala HC judge who remarked that legal education in India is centered around litigation is right. The law and jobs in law today have moved well beyond litigation. But the curriculum has not kept up and is hardly useful for these new professions (3/n)
Vidhi is delighted to announce that applications for the Samvidhaan Fellowship are now open. It is a one year, full-time & paid fellowship that will support legal scholars to sustainably work on key constitutional law issues. Read more here: . THREAD
My new book The Colonial Constitution is out today! I hope you enjoy reading it as much as I have enjoyed writing it. If it provokes some original thinking about our constitution, it will have served its purpose.
A short excerpt:
The Colonial Constitution is the story of why
Roe v wade goes. No right to abort for women but the right to carry guns for all. America- the vanguard of liberal democratic values in the world proudly advertising itself from 1789.
Finally the most boring course in college was ironically the most important- legal ethics. There were no difficult fact situations presented, no innovative teaching methods, no provocative readings. If NLS was this bad, maybe others were bad too (7/n)
The School Review Commission announced by
@NLSIUofficial
captures all that is wrong about legal education in India. The review commission was much needed as nlsiu has really not pushed on as it should have by this time. (1/n)
Recolonise, not decolonise: This is what the three new criminal law acts have done. They haven't changed Macaulay and Stephen's basic structure very much; where they have, they have changed numbers (420 is no longer 420) which will require comprehensive re-training of police
India isn’t going to become a world power by remaining thin skinned about what the economist or some other commentator feels about our shortcomings. India will become great when it has original ideas and believes in itself. Arise awake and stop not until that goal is reached.
The roof collapse at T1 delhi airport was not an accident, it was an act of institutional killing. As I’ve said before, accountability starts at the top. A culture of safety will only develop when the CEO of the airport is hauled up. Otherwise very little will change and this
Got a call from someone claiming to be from the DMs office. Wanted to check whether I had covid. Started asking details of family members. When I refused, she said give me any name- friend, cousin, anyone “to close the file”. Beware of data thieves posing as govt employees.
This is exactly the kind of misleading pontification that afflicts the best of scholars who want to comment on things from far away. Tarun is a great scholar but no longer has a handle on how things work in the Supreme Court. The advocacy team in
#marriageequality
were not to
Much later I realize how much I missed. Equally the curricula was dated. There was little on how law operated in India, no meaningful clinical courses & really little understanding of how society in which the law operates views law. On all these I’m still playing catch up (6/n)
Criticism of an erroneous Supreme Court judgment in the NJAC case by the VP does not amount to contempt of court. This seeming standoff on collegium appointments is overall healthy for democracy. Excessive closeness between the two organs is not.
Why does a country need a Constitution?- On hearing this question as a student at NLS Bangalore, I recall being stumped. More than two decades later, Amit Varma asked me the same question on the latest episode of Seen and Unseen. I was slightly less stumped this time! With my
There might be an urge to take the judgment of the Supreme Court in the SEBI case as part of a larger pattern of the court submitting to the government. That would be a mistake. The Court is absolutely right as a matter of law that there was no basis for it to direct SEBI to
I had an illuminating discussion with one of the counsels in the case. He said that what the court is currently hearing is a curative petition that was tagged along with the main appeal and reference heard by the 5 judge bench. That curative (to cut a long story short) would
If the Supreme Court is serious about stopping bulldozers and promoting justice, it has to do more than lay down guidelines on bulldozer usage. Guidelines won’t help- governments know that bulldozing houses without notice is illegal. They don’t need guidelines to drive home the
One of the pleasures of being part of
@BalliolOxford
is that one is always in great company. Was quite chuffed when
@sakpataudi
and I popped up in the same frame in alumni news yesterday!
How political is the Indian judiciary? A special issue of
@Outlookindia
curated by
@Vidhi_India
with pieces by the finest judges, lawyers and commentators. Buy your copy now or read here:
Remembering Pranab Mukherjee today. At a time when it’s easier to abuse rather than engage someone with a different view. As he told me in chaste Bengali when we met, “in public life always be careful of what you say,tomorrow it’ll be directed at you!” Rest In Peace Mr President.
On a day when one legal luminary passed away, I remember another, equally luminous star of the legal fraternity- less remembered than Fali Nariman, but equally independent & wise. My tribute to Radhabinod Pal, the sole dissenting judge in the Tokyo Trials.
You know you’re speaking to someone very wealthy on zoom when you see a lot of empty space in the background. Empty space is a luxury only the rich can afford in India.
Fali Nariman, you will be missed for your grace, wit & sharpness. Equally you will be remembered-for your independence, mentoring generations of youngsters & your belief in the rule of law. It was a privilege to have known you Sir. May that twinkle forever remain in your eye!
I just read the order of Justice Siddharth of the Allahabad High Court denying anticipatory bail to Aparna Purohit, Head of Originals on Amazon Prime. 2 thoughts: first, every time anyone says High Courts are great protectors of liberty and the SC is not, remember this judgment +
Just finished reading the tax proposals in the budget. On the whole I find them reasonable. the reason for widespread public dissatisfaction doesn’t seem to be the provisions themselves. If taxes are the price we pay for a civilized society, then our taxes are not creating a
Very gratified that Bhishma Pitamaha himself, Prof Upendra Baxi, did a full review of my book on Judicial Independence for EPW. His description of the book as one that- "bristles with new thoughts, insights, measures and methods"meant a lot. The review:
After two years of terrific in house pieces, the Vidhi blog is spreading its wings and invites anyone who has something new to say about law and governance to contribute. Let’s build a civil & argumentative space for public policy discussion together!
Those following the marriage equality case in the SC would have just witnessed a bizarre few minutes of “bargaining” by eminent lawyers on how much time they should get. This ad hoc allocation of time makes no sense in any court least of all the Supreme Court of India (1/2)
Proud of our boys. Sreejesh is a hero. Rupi is a hero. Harman is a hero. Manpreet is a hero. Hardik is a hero. And everyone associated with the team- thank you for the greatest run in Indian men’s hockey in my lifetime. In gratitude. Bleed 🏒 blue.
It’s deeply disappointing when the editor of
@LiveLawIndia
an otherwise great public service displays a basic inability to comprehend a legal argument.
@manuvichar
says that I advocate that the judiciary needs people who display open bigotry. I’ve said nothing of the sort…
Our courts are infra vires. The CJI has made a sensible suggestion that without toilets and courtrooms, there is no point of talking about access to justice. Some data and suggestions for him to consider:
The Government of India is driving Delhi to the ground making the LG the de facto CM of the capital in the face of a SC judgment. The LG then is responsible for the lack of public health facilities that killed 22579 delhiites. My take in the
@EconomicTimes
today with
@AdityaPB_1
If you’re still doubting whether we should have judgments in SARAL language, read this gem of a page from the Himachal Pradesh High Court. Prizes going for cryptographers who can decipher this sheer brilliance!
#SupremeCourt
hears an appeal against a Himachal Pradesh HC verdict
KM Joseph J.: How do we understand this judgment? Is this in Latin?
Sr Adv Nidhesh Gupta: we are unable to understand a word
SC: We may have to send it back to the HC for it to be re-written
Matter adjourned
The GOI has issued the Aarogya Setu Emergency Data Sharing Protocol just now. Was delighted to be part of a
@Vidhi_India
team to assist. Clear sunset clause, collection limitation, purpose limitation, hard anonymisation. Hope this is the first step towards a data protection law.
On the farm laws repeal:
1. Real change happens through politics and not courts
2. Elections are a great reason to change policy
4. Indian agriculture requires large reforms
4. All reforms must be consultative
5. The fine print of the law should match the frankness of the PM.
Indigo CEO stands by the decision of his airport manager. Says “whether it is a physically challenged child or a normal child or a pregnant woman, it all depends on whether the passenger is normal and composed”. Offers to buy an electric wheelchair to compensate. (1/2)
There have been some very arbit decisions from the Supreme Court recently. Perarivalan was suddenly freed, income tax officers received a reprieve despite acting illegally. What’s common is the court’s usage of the power to do complete justice.
@somesortofpanda
and I write in ET:
There is no point in declaring national mourning if the prime minister is going to conduct a Jan chaupal with the people of UP and Rahul gandhi is going to do a virtual rally in Punjab. If national mourning must mean something, let it at least mean no election campaigning.
Of course the judiciary is ramshackled. We live in a world of belligerent ‘rams’ and his actions as CJI have ‘shackled’ the judiciary like nobody else. Mr Gogoi lost all right to say anything about the judiciary.
Former Chief Justice of India Ranjan Gogoi called the judiciary of the country 'ramshackled' and went to the extent of suggesting that even he won't go to the courts.
Read more:
Those who have been saying on Twitter that the Supreme Court is itself to blame for its order to stop demolition in jahangirpuri not being followed are neither honest commentators nor responsible lawyers. They are unreflective Twitter provocateurs economical with the truth…
Karan Thapar has a piece in HT today on our book Hamin Ast, where he summarizes our argument that Article 370 was not nullified properly. The question of 370 is not primarily a q of law, it is a q of history & needs context. My piece in TOI today
I've argued in
@timesofindia
today that the SC cannot solve the problem of migrants walking home no matter how many judges and lawyers think and write otherwise. It's simply not their turf.
@mkatju
@Preddy85
@amitabhk87
Today I was in a matter scheduled for 1030 am in which I was told at 1035 am that the judge was on leave. This is not an uncommon occurrence. People face much worse on a regular basis. Krishnapriya Nair from NLS has an excellent piece on Mayo Hall, a local court in Bangalore,
Indigo as an airline and not its ranchi manager alone thinks special needs children who require care are not normal. 2. Indigo thinks dignity can be bought by a freebie. For its continuing insensitivity I will
#BoycottIndigo
till a full apology is issued.
Very proud moment for all of us at Vidhi as we launch our Maharashtra office today. Join a stellar launch panel moderated by
@sardesairajdeep
at 530 pm today with a keynote by Dr. Vijay Kelkar. Talking reforms, courts and public health. Join here:
Guess the NIA Court is waiting for Teltumbde to turn 84, get Parkinson’s, contract COVID and then consider sending him to a hospital for medical treatment while considering interim bail. Of course the trial wouldn’t have begun by then given how important the case is.
Draupadi Murmu is an excellent choice for President. Someone who has seen a lot of life & is an inspiration to millions. Also shows how far BJP is ahead of the opposition. They’ve picked Ishan Kishan to open a t20 innings but the opp, stuck in the 70s, has picked Geoff Boycott.
In the 21st century, despite a tribal lady as President, Indian laws continue to consider tribes to be “uncivilized races”. There is an urgent need to repeal such laws. Our op Ed in Times of India today.
For Twitter and FB to grow a pair only when the outgoing Prez is a goner after barely raising a whimper when he was in power is just opportunistic. They have no basis to dump trump now not having acted all this while. Trump should ban them for a few days to show them their place.
Happy new year folks!
@Vidhi_India
turned 10 in December and this piece in The Telegraph captures our journey- the highs & lows & the people who have made this institution. A big shoutout to our ecosystem-your support & your criticism have made us better.
When governments complain about judicial activism, they should remind themselves not to kowtow to the court when it suits them. The Supreme Court was hearing a bail plea. It now wants to review the OTT regulations because they don’t have “teeth”. Wah!
Always the saddest evening of the year when ma Durga leaves, yet there’s victory, companionship, fraternity and above all the hope that next year we will do this all over again, as beautiful, as resplendent, as reflective as this one. Shubho bijoya everyone.
The exchange between
@KapilSibal
and
@IJaising
in court duplicating the negotiations that happened in Calcutta yesterday in the Supreme Court today is futile and meaningless. Two senior grandees who have nothing to do with the protests and frankly have very little understanding
I am really excited to share my podcast episode with the music director of the terrific film Court Balladeer Sambhaji Bhagat. 40 mins of music, Ambedkar, the constitution, Dalit activism, the relevance of Marx, judicial delays and more. Enjoy!
4th place in Olympics women’s hockey for India is no less than a bronze. Incredible heart shown by our heroes! Hope there’s a day when 4th place makes us unhappy but today is not that day. Govts and federations- celebrate our women equally with our men. Each one is a champion!
Speaking at the idyllic Ward’s lake in Shillong as part of the Shillong Litfest. What a beautiful venue- the perfect site for an invigorating discussion on the colonial constitution!
@CyrilDiengdoh
@MaryTKurkalang
A touching tribute from a son to a father, both household names in Indian quizzing. Also, a love letter to Calcutta.
@derekobrienmp
do write more! Your dad's life has the makings of a film script!
Will miss you Keshav Desiraju. One of the first bureaucrats I met in delhi who set the standard so high that very few could match up. Someone you could disagree with without any resentment, chat with as a friend, learn from as a student. A true son of India. Go well, my friend.
Kunal kamra may be enjoying the attention that the contempt case is giving him but his actions have been facilitated by irresponsible commentary on the Supreme Ct by some. The ones who claim to stand for freedom but not when it’s used to give Goswami bail. Kamra is only wittier.
Why we’re still a colonial state- bridge collapses and the police arrests- 2 managers, 2 contractors, 3 security guards and 2 ticket window clerks. Owner of the company that renovated the bridge- scot free. Municipal administration that gave the repair work to him- scot free.
The
#UCC
debate has for long been hampered by the absence of a base draft. My colleagues & I have come up with a draft model code that is gender just & inclusive. We will be hosting public consultations & seminars in law schools. Read the paper & join us.
On a day when the freedom of muslim women to dress as they please was turned down by the Karnataka HC, it seems appropriate to point out the woeful lack of gender diversity amongst judges. For the SC- don’t become an Archies gift shop and commemorate made up days- walk your talk.
With the Supreme Court of India commemorating the first ever 'International Day of Women Judges' - watch the video below to learn what you need to know about the absence of gender diversity in the Indian Judiciary.
Since we love renaming things in India here are new names to mark today-
1. Sunder nursery👉🏾Washington sunder nursery
2. Pant Nagar👉🏾Rishabh Pant Nagar
3. T nagar👉🏾thangarasu nagar
4. Rajasthan 👉🏾sirajasthan
5. Buland darwaza👉🏾Cheteshwar Pujara
6. Central vista- Rahane raah!
Virat Kohli gets paternity leave 3 weeks before baby is born. Umesh yadav gets injured accidentally and returns home 1 day before child is born. T Natarajan sees newborn 2 months after she is born. BCCI giving paternity leave is a great start. Next step: apply it equally!
With Bojo cancelling his Republic day appearance, let us have a guest-less republic day. It's been an extraordinary year and having no guests is the second best thing to having no soviet-era military parade to celebrate the day our constitution came into force!
But appointing three stellar law professors who are wonderful academics but with very little idea about India should make one wonder- who is NLSIU for? Is it only to play a prominent global role? What about providing legal education in a manner that works in India, for India?
Was it so hard to find one good Indian rep for the commission? The optics of this are so bad that I doubt what NLS visualizes for itself. NLS must remain true to Prof Menon s vision of creating lawyers who are social engineers for India. I hope the SRC remains true to that. (N/n)