The Case when a seat was reserved to Sangha in Sikkim Legislature after its merger to India- Minority View
After Sikkim’s merger to India and constitution of its legislature’s seats, a seat was also reserved to sangha. A writ Petition was filed against this reservation. The Court decided the…
The Case of Special Electorates and why it was not introduced in constitution
The Preamble The Preamble, which is the key to understand the Constitution, emphasises by the very opening words, the democratic nature of the Republic guaranteeing equality of status to all…
Constitutional Validity and Special Provisions: The Sikkim Merger under the Thirty-Sixth Amendment
The Supreme Court in the case of ‘R.C. Poudyal v. Union of India (1993)’ while deciding the issues related to special provisions of Sikkim state after its merger to India…
A Brief History of Sikkim State’s Merger to India and its Legislative Representation
Sikkim, during the British days, was a princely State under a hereditary monarch called Chogyal, subject to British paramountcy. The Chogyal, also described as Maharaja, was a member of the…
Supreme Court on the Continued Prevalence of Caste-Based Discrimination in India
This is an excerpt from the case of ‘Sukanya Shantha v. Union of India (2024)’ What does the future hold for India? Dr Ambedkar had expressed this concern in his…
The Role of Legal Service Authorities in Prisons
In order to ensure that the fundamental rights of prisoners are not violated, the role of legal services authorities is crucial. The importance of free legal aid has been emphasized…
The Origin of the word ‘Habitual Offender’ under Indian Laws
The classification of “habitual offender” emerged prior to the repeal of the Criminal Tribes Act. Several Provinces had enacted their habitual offender laws. The Madras Restriction of Habitual Offenders Act,…
Whether caste based division of labour/work is forced labour? – Supreme Court Answers
The question was answered by Supreme Court in the case of ‘Sukanya Shantha v. Union of India (2024)’, when the petitioner, Sukanya Shantha, a journalist, who wrote an article “From…
Is it violative under Article 14 to classify Prisoners on the basis of Caste? – Supreme Court Answers
The question was answered by Supreme Court in the case of ‘Sukanya Shantha v. Union of India (2024)’, when the petitioner, Sukanya Shantha, a journalist, who wrote an article “From…
Caste in Colonial Indian Prisons and the Legacy of Discrimination
(i) History of “Caste” in Prison Manuals According to the Committee on Prison Discipline 1836-38, to force a man of ‘higher caste’ to work at any trade would ‘disgrace him’…