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MR Shamshad
Articles by MR Shamshad

Rethink the immunity granted to governors

This widely worded provision of immunity can be attributed to our colonial past which functioned with the concept of the “king can do no wrong”.

Serious allegations of sexual harassment and molestation have been levelled against the governor of West Bengal (Raj Bhavan West Bengal)
Published on May 26, 2024 10:53 PM IST

Two SC orders reset crucial principles on arbitration

Both SC judgments on arbitration law are landmark and authoritative with clarificatory declarations in the arbitration jurisprudence of India.

The Supreme Court (Sonu Mehta/HT PHOTO)
Published on Jan 02, 2024 09:56 PM IST

Law doesn’t bar states from counting castes

Caste censuses are essential for addressing socioeconomic inequalities and informing policymaking

An enumerator staff marks a house during the first phase of the caste-based census in Bihar, in Patna, January 7, 2023 (PTI)
Published on Nov 01, 2023 10:53 PM IST

Homogeneity under UCC can be tricky legal terrain

The political push for UCC wants to create a homogeneous class of citizens in a diverse society. But such homogeneity is tricky legal terrain.

The framing of the UCC debate is always in stark terms — gender justice versus the apprehensions of minorities(Shutterstock)
Published on Aug 09, 2023 10:40 PM IST

Fortify the justice system to ensure bail is the norm

Making a new law much like a Bail Act is desirable, but there is an immediate need for effective regulation on fixing accountability. No new law for bail will be effective if our system has little inclination to fix accountability 

In 1979, SC stated that it was high time that the public conscience was awakened and the government and the judiciary realise that, in dark prison cells, several men and women are waiting, often in vain, for justice. (Sanchit Khanna/HT File Photo)
Published on Aug 03, 2022 09:08 PM IST

What minority tag for Hindus means for India

If the claim succeeds, India will become an example of a country where the dominant religious and political community needs constitutional safeguards essentially meant for minorities, to protect them from majoritarianism

In the pending case before the Supreme Court, initially, the central government appears to have taken the stand that Parliament and the state legislatures both have concurrent powers to decide on this. However, in a subsequent affidavit, the Centre held that the ability to notify minorities is vested with it. (REUTERS FILE PHOTO)
Updated on May 23, 2022 07:13 PM IST
ByMR Shamshad

Every final judgment may not necessarily be right and just

The judgment delivered by the Hon’ble Supreme Court of India on the Ram Janmabhoomi-Babri Masjid civil dispute in Ayodhya has given finality to the dispute over 1480 sq yds of land.

Devotees touch bricks with 'Shri Ram' embossed and engraved on them during a visit to the Ram Janm Bhoomi Nyas workshop at Karsevak Puram on the day of the Supreme Court verdict in the Ram Janmabhoomi Babri Masjid case, at Ayodhya, Uttar Pradesh.(Deepak Gupta/ HT Photo)
Published on Nov 10, 2019 12:57 PM IST
Hindustan Times, | ByMR Shamshad

For most Muslims, mosque crucial for namaz

In 1994, in the case of Dr Ismail Faruqui vs Union of India, the Supreme Court made two serious observations. One, that a mosque is not an essential part of Islam; and two, that the protection of law to religious places can be tested on the basis of “particular significance”.

The Supreme Court has declined to set up a larger bench to revisit a 1994 verdict which held that a “mosque is not an essential to the practise of Islam”, ruling that the top court had made the observation in the limited context of acquisition of land.(Praveen Bajpai)
Updated on Sep 28, 2018 07:23 AM IST
ByMR Shamshad
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