articles by Raghav Pandey

Opinion

EWS quota verdict: SC arrived at proper conclusion but did not address correct issues

Ending caste-based discrimination is and should be a goal of the Indian state, but it can't be the only goal under the equality code of the Constitution. Ending income inequality is also a goal to establish an egalitarian society

India

Parliament has all the authority to repeal the Places of Worship Act, whenever it may want to

Here’s why the doctrine of basic structure is in no way stopping Parliament from repealing the Places of Worship Act

India

Why the law of sedition should not be entirely done away with

Considering the geo-political sensitivities of India, where we are surrounded by adversaries, it is difficult to argue that the law of sedition should be completely scrapped

Politics

Why Uniform Civil Code should be implemented and it would be in the spirit of Indian Constitution

If a policy objective, such as the UCC, is mentioned in the Constitution itself, it is nearly impossible to argue that its enactment will be unconstitutional

World

Sri Lanka’s Opposition barking up the wrong tree by blaming presidential system for current mess

The chief Opposition party of the island nation has proposed a constitutional amendment to change its presidential system to a parliamentary system

Politics

How anti-incumbency is a common phenomenon in Indian politics, but BJP is able to buck it

If we analyse the election results in the recent past, we can see that the BJP-ruled states are more likely to buck this trend of anti-incumbency

India

Why Delhi High Court is within its rights to intervene on the issue of Uniform Civil Code

If there is a violation of a fundamental right, the writ jurisdiction of the High Courts and the Supreme Court can be invoked to address that violation and remedy it

India

Opinion| How Karnataka’s anti-conversion bill doesn’t violate Constitution or impede Freedom of Religion

There is no fundamental right to convert someone else under the Constitution. This means that there can be no challenge of a law that restricts conversion activity.

India

Disha Ravi-Greta Thunberg toolkit case: Can't prosecute intent to commit crime, argues lawyer

A critical question which arises is whether Disha shared the toolkit with an intention to incite violence or public disorder; these being the essential requirements of the crime of sedition

India

Freedoms of speech and expression, right to protest have constitutional limits that mustn't be crossed

Disagreements with the government or with the courts can’t ever assume extra-constitutional proportions in the name of liberty

India

Union Budget 2021: Banks should not escape cost incurred by system due to bad loans

The key to the efficient functioning of a bad bank is that it should never be looked at as a funding institution where bad loans are routinely transferred

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