The Supreme Court’s split decision in this case raises some interesting issues. In this article, I touch upon two such issues within the limitations of space. One is why the CJI has never been in a minority. I would agree that the CJI being in a majority in most cases cannot be just a coincidence. But I am equally intrigued what could convincingly explain this phenomenon. The second issue is what I think many have missed in this debate – except those campaigning against death penalty. When the Supreme Court admitted Sangma’s petition against Mukherjee, should it not have restrained Mukherjee from taking irreversible decisions till it disposed the petition?
P.A.Sangma vs. Pranab Mukherjee
Further reading
The first part of this analysis delved into the Supreme Court’s judgment in Ashok Kumar Sharma & Ors v. Union of India, where it misread the International Rule of Law (IRoL) by focusing on...
Blurb: A petition was filed in the Supreme Court, seeking the suspension of military exports from India to Israel in light of the unfolding armed conflict in the Occupied Palestinian Territory. The...
Blurb: In his recent rejoinder, Dalmia clarifies the “expressed an opinion” standard to better define when recusal may be appropriate. He addresses the four rebuttals that the author raised and...
Blurb: In his recent rejoinder, Dalmia clarifies the “expressed an opinion” standard to better define when recusal may be appropriate. He addresses the four rebuttals that the author...
A fortnightly feature inspired by I-CONnect’s weekly “What’s New in Public Law” feature that addresses the lacuna of a one-stop-shop public law newsletter in the Indian legal...
A mass movement led by students has ushered in a new dawn in Bangladesh. What began as a claim for reform of the quota system transformed into a national movement to oust Bangladesh’s long-standing...