Author: The Mandamus

Dolly Rani v Manish Kumar Chanchal (2024) is a watershed case under the Hindu Marriage Act (HMA) that underscores the mandatory nature of certain Hindu marriage rituals. The Supreme Court held that Saptapadi – the seven steps around the sacred fire – is an indispensable element under HMA s 7, and that a marriage cannot be legally valid without it. The Court therefore invalidated the parties’ union and all registration certificates issued under the Uttar Pradesh Rules, reaffirming that civil registration (s 8) is merely evidentiary, not a substitute for ceremonies. This commentary critically analyses the judgment, situating it in…

The podcast provides an extensive analysis of the crippling case backlog crisis within the Indian judiciary, which currently exceeds fifty-three million pending cases and threatens citizens’ fundamental right to timely justice. It examines the crisis’s root causes, identifying systemic failures such as an acute judge deficit, inadequate infrastructure, and pervasive government-led frivolous litigation. The text then structures its discussion around three core pillars of reform: systemic re-engineering through specialized courts and highly successful Alternative Dispute Resolution (ADR) mechanisms like Lok Adalats; the technological disruption promised by the multi-phase e-Courts Project, which aims for a unified, digital judiciary; and finally, grassroots…

I. Introduction: The New Era of Legal Scholarship A. Defining the Landscape: The Digital Transformation of Law The practice of law, particularly in specialized and intellectually demanding fields such as constitutional research, has undergone a fundamental transformation in recent decades. The shift from traditional, book-based research to digital and, more recently, to AI-assisted methodologies represents a profound evolution that is changing the very nature of legal work. This transformation is not merely about making tasks faster; it is about re-evaluating legal methodology itself. The modern legal professional must now navigate a complex ecosystem of digital tools, databases, and AI platforms…

The podcast provides an extensive overview of the intense legal and philosophical conflict surrounding artificial intelligence and copyright law. The primary issues discussed are the challenges to the concept of authorship, as courts worldwide, particularly in the US, have affirmed that only human beings can be granted copyright protection for creative works, even if AI is used as a tool. The most critical legal battle centres on whether training AI models using vast quantities of copyrighted material constitutes legitimate “fair use” or illegal mass infringement, a debate currently being tested in numerous high-profile lawsuits across different creative sectors like journalism,…

The podcast provides an extensive overview of the existential threat posed by deepfakes, synthetic media generated by advanced AI, which is rapidly eroding public trust in digital evidence. It begins by illustrating real-world examples of financial fraud and political manipulation, noting that the technology is challenging the legal system and democratic processes. The text then explains the technical foundations of deepfakes, primarily Generative Adversarial Networks (GANs), and charts their rapid evolution from a novelty into a tool of global concern. Finally, the source analyses the constitutional crisis deepfakes present, exploring the conflict between First Amendment protections for free speech and…

The podcast provides an extensive analysis of the systemic and global threat posed to judicial independence by intense political polarization. It explains that this polarization transforms the judiciary from a neutral arbiter into a primary battleground of partisan conflict, where institutions are viewed as political assets rather than guardians of the rule of law. The text illustrates this challenge through case studies detailing how governments in Poland and Hungary systematically captured their judiciaries via legislative and procedural changes, contrasting these methods with the long-term ideological stacking of the US federal courts. Furthermore, the source examines how traditional safeguards, such as life tenure and budgetary control, have become vulnerabilities…

Introduction: The Writ of Prohibition as a Constitutional Safeguard In the constitutional architecture of the People’s Republic of Bangladesh, the writ jurisdiction of the Supreme Court stands as a formidable bulwark against the arbitrary exercise of state power. Among the remedies available, the writ of prohibition serves a unique and critical function: it is a powerful, preventive legal instrument designed to restrain judicial, quasi-judicial, and administrative bodies from acting in excess of their lawful authority. This report provides a definitive and exhaustive analysis of the writ of prohibition in Bangladesh, examining its constitutional underpinnings, scope of application, procedural intricacies, and…

Introduction Federalism represents a sophisticated solution to the age-old problem of governance: how to unite disparate political communities under a single national framework without extinguishing their regional autonomy. This institutional arrangement, which creates two relatively autonomous levels of government, each possessing the capacity to act directly on behalf of the people, is designed to balance the imperatives of national unity with the benefits of local diversity. Yet, inherent within this dual-sovereignty model is a foundational challenge—the inevitable emergence of conflicts when the laws and policies of the national and sub-national governments collide. A federal system cannot long endure without a…

Introduction: The Enduring Principle in a Transformed World The right to freedom of expression, long hailed as a cornerstone of democratic society and a bulwark against tyranny, has entered its most transformative and turbulent era. Enshrined in foundational documents from the United States Bill of Rights to the Universal Declaration of Human Rights, this principle was forged in an age of print, pamphlets, and public orators. Its core tenets were designed to constrain the power of the state, ensuring that governments could not silence dissent or impose an official orthodoxy. The digital revolution, however, has not created a new right…

Introduction: The Living Constitution and the Role of Landmark Jurisprudence The United States Constitution is not merely a historical document; it is a living charter that adapts to the evolving challenges and values of the nation. This vitality is maintained through the process of judicial interpretation, a continuous dialogue between the past and the present conducted primarily within the chambers of the Supreme Court. At the heart of this dialogue are the landmark cases—decisions of such profound consequence that they fundamentally alter the legal landscape, establish new principles of constitutional law, or resolve, at least for a time, a major…