articles by Raghav Pandey

India

Kafeel Khan case: UP's refusal to comply with court order grim example of how states can subvert Constitution

Deciding on the punishment is the job of the courts and a state government cannot assume that responsibility.

India

Constitutionality of Citizenship Act is too nuanced, protesters don't have agency to decide complex legal issues

Those on the streets are functioning on the premise of a simplistic understanding that the CAA is 'blatantly' or 'inherently' unconstitutional. The protestors, much like all of us, do not have any agency to determine this question, simply because it has complex legal issues, which can only be settled in a court of law. My piece tried to bring forth the fact that the case of protesters may not be the only case in the court.

India

CAA and NRC: Those arguing that the two are discriminatory and tools of persecution must read up on Constitution and Indian law

The debate over Citizenship Amendment Act and the issue of NRC has been raging for over two weeks now, but there is still dearth of legal scholarship on the constitutionality or unconstitutionality of the CAA and the proposed NRC

Politics

Maharashtra government: After shocker from Devendra Fadnavis and Ajit Pawar, new combination may have to pass through legal scrutiny

The correct political position will determine the development of legal issues, which no doubt will be open to scrutiny by courts.

India

Delhi Police vs lawyers: Clashes a reflection of substandard quality of legal education in India, occur regularly in small towns

Conflicts between lawyers and the police such as the ones in Delhi are not at all uncommon and happen routinely in smaller towns, the Delhi incidents got traction because they happened in the national capital

India

Hindi 'imposition' debate: Schools can play key role in promoting integration through 3-language formula

The language debate has again assumed significance in the light of remarks made by Home Minister Amit Shah.

India

Route taken by government to scrap Article 370 isn't only constitutional, it also complies with all legal requirements

The Union government's decision to effectively scrap Article 370 through a Presidential Notification has intrigued a lot of experts in the legal domain. However, sifting through the technicalities, it can be understood that this move is constitutional in toto and complies with all the legal requirements that were to be respected

Business

PSB recapitalisation: Why Narendra Modi govt must look at outright privatisation of state-run banks rather than experimenting with taxpayers' money

Globally, all the major banking and financial systems are manned and run by private players and not by state-run corporations.

Politics

The uniquely Indian concept of 'anti-incumbency' and how Narendra Modi's BJP bucked the trend, returned to power

'Anti-incumbency' is a term that to the surprise of many, is used mostly in India only. It is evident from the Wikipedia entry for 'anti-incumbency' that runs just four lines

Politics

Naxalism cannot be wiped out with violence, development alone: Education and popularisation of Constitution is key

The conclusion of the Lok Sabha polls in Chhattisgarh saw a campaign that inter alia involved Naxalism as one of the prominent issues

India

Irrespective of outcome, sexual harassment charge against CJI Ranjan Gogoi should set strong precedent in such cases

If the allegations of sexual harassment against CJI Ranjan Gogoi are proved, the apex court should not hold back from levelling punishment on one of their own

India

Code violations do not mean that the EC has lost its fangs

The EC is aware of the ramifications of its actions, so it usually takes a liberal view when it censures candidates or parties but it doesn’t mean it has lost its fangs

Politics

Article 370 was introduced temporarily in good faith; repealing it is political choice, not a legal one

Article 370 was added to the Constitution as a gesture of goodwill to show India's commitment to respect plebiscite in Jammu and Kashmir, but since demilitarisatin of the state is unlikely, the provision makes no sense today

Politics

Delhi statehood demand: UT's hybrid model is constitutional, special administrative treatment also found in other jurisdictions

Delhi was a Union Territory till 1991 and then made into a hybrid after that, considering the special nature of it being the seat of the Union government. The special administrative treatment of the seat of the Union or the federal government is not something new and is also found in other jurisdictions.

India

SC holds advocate guilty of contempt: Judicious use of law by courts renders reexamination unnecessary

The test which is thus applied by the court to decide on the contempt action is the “test of erosion of public confidence”.

India

SC Collegium's focus on discipline, behaviour in judges' appointments commendable, but refusal to set benchmarks reeks of irony

It is ironical that the higher judiciary routinely sets aside or reinstates appointments to various government offices but refuses to set even a benchmark for appointments to a high court or the Supreme Court

Politics

SP, BSP tie-up comes with in-built risks of Mayawati's fickle nature and history of bitter rivalry at ground

Both the SP and BSP are strong players in state politics, which means that there is a strong presence of both the parties on literally every seat in the state.

Politics

Congress won 8 of 39 Assembly polls under Rahul Gandhi; recent victories due to anti-incumbency, not strategy

Assembly Election Results 2018: There is also no clear trend in the rise of the fortunes of the Congress under the leadership of Rahul Gandhi, be it the victories in Punjab and Karnataka, the performance in Gujarat or the wins in Madhya Pradesh, Chhattisgarh and Rajasthan this week

India

Ayodhya ordinance: In light of manifest judicial inaction, Centre’s move can be questioned on morality, not legality

In addition to the legality, it is also democratically expedient for the government to take a call on this issue.

India

SC allows deportation of Rohingya: Prashant Bhushan's arguments flawed as international laws hold no water in Indian courts

On grounds of non-interference with the executive policy, the dualistic form of the State as well as the fact that India is non-signatory of the Refugee Convention, the Supreme Court is right in its judgment in allowing the deportation of the Rohingya refugees