Capital Punishment, the Need or Necessity

The present condition in India is such that one should support the abolishing of capital punishment in all cases, except for cases in which public conscience and national security is at stake. Crimes such as treason, rape and mutiny tend to create public outrage in the society. The Supreme Court in its landmark judgment and the legislature in amending the Code of Criminal Procedure in 1976 made it clear that death sentence would be prescribed only in rarest of the rare case.

Judicial Independence or Judicial Supremacy?

The Supreme Court has recently strike down NJAC (National Judicial Appointments Commission), a legal body that decides the appointment of Judges of Supreme Court and High Court. The Court in its categoric statement, held that the NJAC was ultra vires of the basic structure of the constitution, for not allowing Judicial to enjoy its independence, for reasons of unwarranted interference in deciding the appointments by the Executive. Before getting into the merits of their arguments, let’s just understand why the NJAC was made in the first place?

Constitutional Validity of Triple Talaaq System

On 16th October, 2015 the Supreme Court of India passed a verdict with regard to equal rights for daughter in relation to partition of ancestral properties in Hindu’s. The second part of the judgement however concentrated on the gender discrimination faced by Muslim women due to the “arbitrary divorce system and second marriage of their husbands during the prevalence of their first marriage”. The Supreme Court has directed the registration of a Public Interest Litigation as well as asked Chief Justice H. L. Dattu to put in place a special bench to contemplate gender discrimination which Muslim women are subjected to.