Is judiciary part of the ‘State’ under Article 12?

The Daily Guardian

On the basis of this history, it can be reasonably stated that Part III of the Constitution, which deals with fundamental rights and the remedies to enforce them, has been crafted with a view to protect fundamental rights from unreasonable and summary abridgement by legislative and executive bodies of all grades who form the “State”. The role of the judiciary is limited to exercising its power of judicial review under Articles 32 and 226 to assess the constitutional validity of such State action. …

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The places of Worship Act 1991, decoloniality and indigenous rights

The Daily Guardian

The Bhoomi Pujan for the proposed Shri Ram Temple in Ayodhya is scheduled to take place in five days, marking the culmination of a five-century old indigenous movement to reclaim a site which is of both religious and civilizational importance…

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The deep-seated coloniality in the Indian legal system

The Daily Guardian

Last week, this author had the occasion to take part in a virtual panel discussion on the intersection between faith and law organised by the department of law of a Pune-based institution. The specific theme of the discussion was the continued relevance of the Bombay High Court’s well-known and widely debated judgement in The State of Bombay v. Narasu Appa Mali (1951)…

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Protecting a civilisation in the age of mercantilism and global citizenship

The Daily Guardian

Earlier this week, the Indian Government banned 59 mobile applications of Chinese origin invoking its powers under the Information Technology Act 2000. The ban, which is seen as part of Bharat’s retaliatory measures against Chinese aggression at the border, has initiated certain serious conversations and debates both in public and private…

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A Dharmic Document : What’s constitutional morality?

Openthemagazine.com

The year 2019 proved that the battle for the soul of this country and its identity is far from over and perhaps has reached a point of inflection, hopefully for the better but not before it gets worse. Some would say 2014 marked the point of inflection, and they may be right …

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Constitution is meant to preserve integrity of nation and institutions; romanticising it is like confusing medium for message

Firstpost

Every value, concept, construct, ideology, language or even faith, no matter how universal or universalist it may be or claims to be, necessarily goes through a process of nativisation. That is the nature of things because human beings are prone to viewing and processing the world through the prism of their worldview…

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