Ashish Goel
@ashish_nujs
Lawyer. "True Indian". International tax law. Constitution. Alum @KingsCollegeLon, @wbnujskolkata. Old tweets being eaten up by termites
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This state-owned surveillance app is intended to create chilling effect on free speech in a country where state can imprison you for years for simply exercising democratic right to dissent. Not surprised this has come within a week of Justice Surya Kant's tenure as Chief Justice
Sitting judges of the Supreme Court, including Chief Justice (from Haryana), lending credibility and prestige of the institution of the court to a private law University run by a BJP MP (from Haryana)?
Absolutely. And not only the ten fundamental duties added in 1976 were retained in 1978, the eleventh duty we see in our Constitution today was added in 2002 through 86th amendment by the Vajpayee government
Further, immediately after the Emergency ended & Indira Gandhi was voted out of power, the Janata Party govt of which BJP predecessor - Jan Sangh was a part - brought in the 44th Amendment, which virtually negated the infamous 42nd amendment, but chose to retain SECULAR &…
Half-truth. Ambedkar rejected Brajeshwar Prasad's proposal to add secular because secularism was in-built in Constitution (liberty of thought, expression, belief, faith, worship, free speech, non-discrimination). Btw, 42nd amendment also added duties that Modi wants us to fulfil
Q: HONOURING UNCONSTITUTIONALITY ON CONSTITUTION DAY? Why the question. Well, on Constitution Day, they are reading a Preamble that wasn’t part of the Constitution our founders adopted. “Socialist” and “Secular” were inserted by the 42nd Amendment. Worse the Amendment itself was…
Chief Justice Surya Kant's first day of tenure makes a dog's dinner of fundamental right to religion and conscience. Second day of tenure, an absurd, anti-free speech approach. Both instances reek of judicial paternalism inspired by restrictions (not rights). It's a long tenure!
This thread paints quite a fine picture of the extent to which Supreme Court will go to abuse its jurisdiction to restrict free speech. Also, "anti-national" or "unpatriotic" speech is still constitutionally protected speech if you read the Constitution (& not WhatsApp forwards)
Supreme Court hears the Ranveer Allahabadia case: Adv Prashant Bhushan: I appear for a disabled professor. This is a very important issue on free speech and how such stakeholders need to be taken into confidence while having consultations SG Tushar Mehta: Right now we are not…
Please don't call it an interview if you cannot ask tough questions or do not follow-up on absurd, evasive responses
In an interview with Bar & Bench, Justice BR Gavai spoke the criticism he faced on being part of the collegium for elevation of his nephew to Bench. He also spoke about Governor’s verdict, Delhi crackers, Justice Sreedharan transfer, dissents and Collegium. Read the full…
Has any journalist asked former Chief Justice Gavai as to what he has to say about recommendation of his nephew as High Court judge? And did Bombay High Court judge who was brought to Supreme Court have any role to play? Both at a time when Justice Gavai was heading Collegium
Why is Prime Minister celebrating November 26, 1949, by invoking duties? Constitution, as adopted in November 1949, contained rights, not duties. Remained like that until 1976 when duties were added. Even after the addition, Constitution doesn’t say “rights after duties, please”
The right to freedom of conscience, religion to be tested on touchstone of jingoism to deny the right to anyone Supreme Court finds to be cantankerous. There was at least some pretense of constitutional reasoning in Delhi High Court's decision, but even the pretense is gone now
Dear Chief Justice, you literally brought a Gujarat judge to Supreme Court, superceding other women judges. You did that despite strong dissent by only woman Supreme Court judge & only woman Collegium member. And you suppressed the dissent despite her clear request to publish it
I regret I could not elevate any woman judge to Supreme Court: CJI Gavai Read here: barandbench.com/news/litigatio…
Cooperation on what? Actively capturing democratic institutions? Jailing students, activists, Opposition leaders on absurd charges? Not how democracy should work. That's how democracies die! Constitution or regular elections not sufficient to save democracy with weak Opposition
This is how democracy should work. Fight passionately for your point of view in elections, with no rhetorical holds barred. But once it’s over, & the people have spoken, learn to cooperate with each other in the common interests of the nation you are both pledged to serve. I…
In today's New Indian Express, a piece on why the advisory opinion expressed by a five-judge bench of the Supreme Court has reduced India’s representative democracy to a plaything in the hands of a governor newindianexpress.com/states/tamil-n…
newindianexpress.com
FOOTNOTE | A Judgment that lets governors stall bills at will
The advisory opinion issued by a five-judge bench of the Supreme Court has, for all practical purposes, reduced India’s representative democracy to a plaything
What is swadeshi interpretation of the law? To invoke Manusmriti and Vedas in judicial adjudication, and reduce the Constituion to a subservient document? A swadeshi court in a de facto Hindu rashtra seems to come straight from the RSS school of jurisprudence in Nagpur
Are we allowed to ask outgoing Chief Justice difficult questions on how he ran Collegium? Why Justice Pancholi was recommended superceding other women judges? Why was Justice Nagarathna's dissent not published? Did he participate in Collegium deliberations involving his nephew?
Quite a lot of tweets on today's advisory opinion. Let's be clear. A non-binding advisory opinion expressed by any number of judges can't overrule judicial decision, so Justice Pardiwala's decision continues to hold! Until reviewed, or reconsidered and unsettled by larger bench
Just before Chief Justice Gavai's retirement, Supreme Court's gift to Modi govt. Governor free to choke democratic will of people by sitting on bills. When challenge is filed, court will abdicate by not passing order. In rare event order is passed, governor will sit on that too
First signatory to open letter trivializing Rahul Gandhi’s powerful work exposing election fraud is former Supreme Court judge Adarsh Goel? When he was being considered for bench, this is what Intelligence Bureau reportedly said in reputation/integrity column: “corrupt person"
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