Tag: Constitutional


NAVTEJ SINGH RULING: Gaping Pitfalls Law

With Navtej Singh [Navtej Singh v. Union of India, Writ Petition (Criminal) No. 76 of 2016, Decided on: September 6, 2018] ruling the Supreme Court brought down the axe heavily and surely on Section 377 of the Indian Penal Code, 1860 shearing off in one fine blow all such undesirable aspects of the provision that did not agree with the constitutional morality, which the apex...

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THE NATIONAL ANTHEM ORDER: Bad in Law, Bad in Fact Law

First off, in stressing the need for the promotion of ‘constitutional patriotism’, the Supreme Court seems to have presupposed the existence of other kinds of patriotisms and to have also underscored the preferability of ‘constitutional patriotism’ to the other kinds, even if the apex court did not go as far as to deride or denounce the way ‘nationalism’ and ‘patriotism’ is being used as a...

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