[The following is an announcement from the Indian Journal of International Economic Law] The Indian Journal of International Economic Law is now accepting submissions for its upcoming issue – Volume 6. The Indian Journal of International Economic Law (IJIEL) is an annual law journal published by National Law School of India University, Bangalore (NLSIU) under…

Today, Justice Rajiv Shakdher found the Indian Supreme Court’s policy for appointing law clerks was unconstitutional. The petitioner in the case was the top of her class at the Army Institute of Law in Mohali and wished to clerk at the Supreme Court. However, the Supreme Court’s Registrar’s policy was to only accept applications for…

I ended my earlier post asking the Court to review de-novo the jurisdictional basis for the Koushal appellants to maintain their case. In this post, I will go further and look at the text of the opinion and discuss various issues that it tackles. It now seems obvious that Justice Singhvi drafted his Koushal opinion in a great hurry….

On Wednesday morning, Justice Ganpat Singh Singhvi donned his black robes one last time. The judge with a smiling face had a busy day ahead of him. After hearing several cases, he would attend a late-afternoon retirement party on the Supreme Court’s lawns. But Singhvi’s first appointment was in the Chief Justice’s Court. Retiring judges…

The Supreme Court’s recent judgment in Suresh Kaushal v. Naz Foundation on the constitutional validity of Section 377 of the Indian Penal Code, which criminalizes “carnal intercourse against the order of nature”, has dismayed the LGBT community and its supporters, as much for its vapidity and lack of intellectual rigour, as with the conclusion it…

The following points struck me as the most problematic in what passes for legal reasoning in Koushal v. Naz: 1. The Classification test for Article 14: The classification test provides for very limited scrutiny of state action (as opposed to alternatives like strict scrutiny and proportionality review). But, as Koushal recognizes, even this limited standard requires two conditions to…