The Revival of Ray III

George H. Gadbois, Jr., chronicler of 93 Judges of the Supreme Court of India, had this to say once: “When I first wrote to Justice A N Ray requesting an interview, I included a couple of articles I had published earlier. This enabled him to see that I was rather well-informed about him and the Court. […]

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Clear and Present Danger

A single revolutionary spark may kindle a fire that, smouldering for a time, may burst into a sweeping and destructive configuration. It was the judgment of Holmes J. in Schenck v. United States, 249 US 47 at 52 (1910) that gave rise to the test of “clear and present danger” for determining whether restrictions on liberty would be […]

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Reasonable Restriction II

Rewarded with the presence of Justice A.N. Ray, a Constitution Bench in Himat Lal K. Shah, (1973) 1 SCC 227 held: “public meeting in open spaces and public streets forms part of the tradition of our national life… the State and the local authority have a virtual monopoly of every open space at which an outdoor meeting can be […]

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The Strange Alchemy of Life and Law

“A distinguished South African Judge, Albie Sachs has spoken of the importance of understanding the value of constitutional transformation. In his book titled ‘The Strange Alchemy of Life and Law’, explaining the role of the constitutional court, Sachs has this to say: “It is difficult to analyze the impact that court decisions have on actual […]

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Aggression of SC Judges I

Judge 4 of the Indian Supreme Court, Justice Lokur, will retire in December this year. Earlier, he questioned the integrity of the Chief Justice. In April, he yet again interestingly worded a judgment. Mukul Rohtagi (Gautam Gambhir too) went to his school. We have forever expected aggression. “The couldn’t-care-less and insouciant attitude of the Union […]

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