(Previously on this blog, we have discussed the meaning of the phrase “on grounds only of…” in Article 15(1) of the Constitution. In a two-part guest post series, Shreya Atrey discusses the possibility of a discrimination jurisprudence that is sensitive to...
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Experts & Views
Constitutional Law
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(In this guest post, Akhil Deo argues that the Second Judges Case got it wrong in treating judicial primacy over judicial appointments as a binding constitutional convention, and part of the basic structure.)—The GroundworkThe Supreme Court of India (SC) is currently hearing...
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(In this second post in a two-part series, Manasa Sundar Raman examines how, true to Agamben’s thesis, the “exceptional” remedy of making confessions to the police admissible has spilled over into “normal” judicial practice.)—In the previous post, the scope of right against...
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(Previously on this blog, we have discussed Giorgio Agamben’s theory of the state of exception, according to which “extraordinary laws” ostensibly meant for “extraordinary times”, characterised by concentration of power in the executive, bypassing of parliamentary oversight, and incremental erosion...
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Case summary
Title of the case
Common Cause v. Union of India
Citation
Writ Petition (Civil) No.13 of 2003 (Passed on 15th May 2015)
Relevant laws
The matter involves questions of law related to article 14, 21 & 142 of the...
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(This post is by Vasujith Ram, a student at NUJS Kolkata)—A few days ago the Delhi High Court delivered an oral order in People for Animals v Md. Mohazzim (birds’ case). The case was initiated back in October 2004, when...
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According to the classical model, constitutional rights are deemed to regulate the relationship between the individual and the State, acting as a check upon State power, and enforceable “vertically” by the individual against the State. They are not supposed to...
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(This is the second of a two-part series by Anindita Pattanayak on same-sex education and the right against discrimination)—In the previous post, we explored some of the arguments against state-aided same sex educational institutions. In this post, we will examine the issue...
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(In a two-part series, Anindita Pattanayak explores the issue of same sex schools and the guarantee against gender discrimination under Article 15(1) of the Constitution, and the judicial doctrine and reasoning in this area).—The constitutionality of state supported same sex...
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(This is a guest post by Manish, who is a legal researcher based in Ahmedabad, and a regular contributor to this blog)The one hundredth Amendment to the Constitution, passed by the Rajya Sabha on May 6 and the Lok Sabha on...
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When the Supreme Court struck down S. 66A of the IT Act in Shreya Singhal vs Union of India two months ago, the verdict was hailed as a landmark milestone in Indian free speech jurisprudence, for two reasons. First, for once, the...
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This is the second part of a series of analytical posts on Part IV of the Constitution – the Directive Principles of State Policy. In the first post, I examined the possible conceptual distinction between Part III (“civil/political” or “first-generation”...
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Bombay HC Upholds S. 20(3) of HAMA Featured
In a brief judgement today, the Bombay High Court rejected a challenge to S. 20(3) of the Hindu Adoptions and Maintenance Act. Under Sections 20(1) and 20(2), a Hindu is bound to maintain his children as long as they are...
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Net Neutrality and Public Highways Featured
(My thanks to Malavika Prasad for bringing this case to my attention)
With the recent release of the Telecom Regulatory Authority of India’s [“TRAI”] “Consultation Paper” on the regulatory framework for over-the-top [“OTT”] services, net neutrality is up for sustained...
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Recent judicial pronouncements on law of contempt have brought the issue to the center stage of public debate and discourse. Against this backdrop, Dr KD Singh ruminates retrospectively on some major judgments rendered by the Supreme Court of India in this...
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Yesterday, in Ram Singh vs Union of India, the Supreme Court overturned a government decision to grant reservations to the Jat community in nine states (by including them in the Central List of Backward Classes [“Central List”]). The judgment has created...
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