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Judicial Subversion of Affirmative Action Jurisprudence


  Bobby Kunhu “Constitutional morality is not a natural sentiment. It has to be cultivated. We must realise that our people have yet to learn it. Democracy in India is only a top-dressing on an Indian soil which is essentially undemocratic.” ~ Dr. B. R. Ambedkar, Annihilation of Caste The jurisprudence around reservations and affirmative action …


Contagion and Constitution – Pandemic and Preamble

jas simran kehal may 2021

Dr Jas Simran Singh Kehal The architect of our constitution felt that it is workable, flexible and strong enough to hold the country together both in peace and war time. If in recent times we have Covid-warriors and Covid war-rooms that means we are indeed at war. Let us analyze how our constitution has fared …


Crumbling Social Justice and the Need for Representative Higher Judiciary

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  Dr. Ayaz Ahmad  and Dr. Yogesh Pratap Singh This article attempts to explain the discursive role of higher judiciary in shaping the constitutional discourse on reservation which finally culminated in the form of 103rd constitutional amendment for upper-caste quota. Such patent assault on constitutional goals of social justice through the Supreme Court and the …


The Bahujan have a common enemy: Kuffir

EWS Mumbai event edited

Kuffir  (Transcript of his speech at the ‘Discussion on the Constitutionality and Progressiveness of the EWS Quota for the so-called Upper Castes and the Repercussions for the SC/ST/OBC/Pasmanda Representation‘ held on 25th of Feb, 2019 at the Mumbai Marathi Patrakar Sangh, Fort, Mumbai.) Thank you. Jai Bhim. I have listened to all the speakers. They …


Caste and Judiciary: Looking for Dalit and Adivasi Judges in Supreme Court of India

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  Adv C Ahamed Fayiz The role of the judiciary is to make decisions in accordance with the letter of the law. While the law formulates general regulations, legislations allow enough discretion to the judiciary to exercise their independent reasoning and provide justice to the unique factual circumstances in individual cases. It is in exercising …


Social Justice: Judicial Anxiety and Judicial Foreshadowing

abhishek profile

Abhishek Juneja In this article, I attempt to unpack the vanguardist anxieties of Indian Judiciary and examine its role in the perversion of the Indian Constitution’s design for social justice. The rigid, hierarchical social order with the Brahmin on top, or the caste system, has traditionally been understood and normalized by the knowledge apparatuses as …


Caste & Communal Dimensions of Death Penalty – Tsunduru vs Chilakaluripeta

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  Dr. B Karthik Navayan (This article is the updated version of my speech delivered in the meeting organised by People’s Union for Civil Liberties (PUCL) and Alternative Law Forum (ALF) in Bangalore on 28 July 2018) ‘Raktakshetram’, the place where nine of the Tsunduru martyrs were buried, right in the heart of the village …