[This post follows up on my previous post on this judgment on this blog.] In Koushal v Naz—the case being touted as one of its worst judgments—a two-judge bench of the Supreme Court recently...
[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...
Some thoughts on the Naz decision, here. In many ways, the shameful decision is a consequence of what has been unfolding in India for a few years now, where there an emphasis only on outcomes. The...
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...
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...
On 28th April 1976, during the Emergency imposed by Indira Gandhi, a Supreme Court bench decided by majority of four to one judges that the state had the right to detain any person without...
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...
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...
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...
A copy of today’s Naz Foundation judgment overturning the Delhi High Court and upholding 377 can be found here. Others on this blog have followed this case far more closely than me and I will...