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Reforming India's Sports Bodies: The Lodha Committee's Enduring Legacy
The IPL Betting Scandal and the Birth of the Lodha Committee In May 2013, Indian cricket was rocked by revelations of spot-fixing and illegal betting during the Indian Premier League (IPL). Delhi Police arrested three Rajasthan Royals cricketers, and investigations soon implicated Gurunath Meiyappan, son-in-law of then BCCI President N. Srinivasan, along with individuals linked to the Chennai Super Kings ownership. The scandal exposed a deep conflict of interest at the heart
Diya Daniel
Jul 65 min read


Does long incarceration under UAPA trump the statutory condition of bail? 3 Judges will deliberate again
With the repeated rejection of bail applications of Umar Khalid and Sharjeel Imam, the Unlawful Activities Prevention Act, 1967 [‘UAPA’] has been under the constitutional scrutiny for some time. Similar to other special statutes, S. 43-D(5) of UAPA makes grant of bail more onerous than other criminal offences[1] and restrains the Court from granting it if there are reasonable grounds to believe that the allegations are prima facie true. A threshold assessment of the merits of
Shivani Vij
Jul 48 min read


Women Reservation in Parliament & State Legislature
By way of the Constitution (106th Amendment) Act 2023, passed on 28th September 2023, women reservation has been introduced in the Parliament and State Legislative Assemblies. Salient features of the Amendment Act are as follows: 1) 1/3rd Quota The Amendment Act provides that, (i) 1/3 of the total number of seats to be filled by direct election in the Legislative Assembly of NCT of Delhi shall be reserved for women [Article 239AA(2)(bc)], (ii) 1/3 of the total number of se
Shivani Vij
Oct 29, 20243 min read


The 'right' to abortion in India
In India, the Medical Termination of Pregnancy Act 1971 (MTP Act) read with MTP Rules 2003 govern the right to terminate pregnancy. India ranks high in the list of countries where abortion is legal & permitted till 24 weeks of pregnancy (even beyond sometimes). Under the MTP however, abortion is available as a permissive right i.e., subject to opinion of a medical practitioner and of the woman’s choice only. This is because the focus of the legislature in 1971 was to ensure s
Shivani Vij
Oct 12, 20244 min read


Act on 'aid and advice' says the Constitution
In its crucial decision on 18th May 2022, the Supreme Court of India directed the release of AG Perarivalan, convicted in connection with the assassination of former Prime Minister Rajiv Gandhi. It did so by exercising its extraordinary powers under Article 142 of the Constitution. Perarivalan was before the Court against the Governor’s immense delay in deciding his petition to remit sentence under Article 161, albeit the State Cabinet recommending such release. The Governor
Shivani Vij
Oct 12, 20244 min read


Anticipatory bail - are monetary conditions unreasonable?
The basis of AB under S.438 is the right to personal liberty under Article 21. To grant AB, Courts must consider whether the accusation has been made to harass or humiliate the accused by having him arrested, antecedents of the accused, if any, and a possibility of him fleeing from justice. The Court may also weigh in the nature and gravity of accusation. The legislature acknowledges that while granting AB, the Court may in its discretion impose conditions under S.438(2), suc
Shivani Vij
Oct 12, 20242 min read


Supreme Court redeems voter's confidence
The Lok Sabha elections 2024 have resurfaced the discussion on free and fair elections in India. The focus has been on ensuring transparency and independence throughout the election process, from the lead-up to election day itself, and the roles of constitutional authorities involved. This attention stems from the belief that democracy relies heavily on the integrity of elections, which is fundamental to the Constitution. But where does the Indian voter fit into all of this?
Shivani Vij
Oct 12, 20244 min read


Bail is the rule, reminds the Supreme Court
9th August 2024 was the eventful day when the Delhi Legislative Assembly Member, Manish Sisodia, was released on bail by the Apex Court in the Delhi Excise Policy Scam 2021-22. Sisodia, who spent 17 months in jail as an undertrial accused, has been booked under provisions of the Prevention of Corruption Act, 1988 (PC Act), the Indian Penal Code, 1860 (IPC) as well as the Prevention of Money Laundering Act, 2002 (PMLA). The arrest of Sisodia, many other Delhi MLAs lately, and
Shivani Vij
Oct 12, 20244 min read
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