Earlier this year, Daksh India (of which blog member Harish Narsappa is a founder) conducted the ‘Access to Justice’ Survey. Through a method of random sampling,researchers interviewed about 9000 litigants, spread over 300 locations across the country. Of these, 4696 litigants had civil disputes pending before the courts. In this piece Rishabh Sharma and I analyse these…

Last week, in Hiralal Harsora v. Kusum Harsora, the Supreme Court held that Section 2(q) of the Protection of Women from Domestic Violence Act, 2005 is unconstitutional to the extent that it defines “respondents” under the Act to only include “adult males” and the relatives of an aggrieved woman’s husband/domestic partner. In effect, the judgment…

The Law Commission has come out with its 245th Report, titled “Arrears and Backlog: Creating Additional Judicial (Wo)manpower.” The Report largely reflects the submissions made by the Law Commission to the Supreme Court as per the Court’s directions in Imtiyaz Ahmad v. State of UP. This case started as a petition against delays in criminal…

The Vidhi Centre for Legal Policy (“Vidhi”) invites applications for the post of “Reporter-cum-Blog Administrator”, a fully-paid and full-time engagement based out of Vidhi’s offices in New Delhi. The Reporter-cum-Blog Administrator will be an integral part of the day-to-day running of SCOIblog.in, Vidhi’s new initiative, a website dedicated to the focused coverage and analysis of…

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…

The Journal of National Law University, Delhi (“JNLUD”) is a faculty run, peer-reviewed journal published by the National Law University, Delhi. The Journal seeks to provide a platform for engaging in multi-disciplinary discussions on themes of law, society and justice. Towards this end, the Journal welcomes submissions from academicians, practitioners and research scholars (including PhD…

Guest Post by Manish G.   On 22.08.2013, the Supreme Court Registry issued a notice listing certain pending matters before a Constitution Bench that will commence hearings w.e.f. 03.09.2013. The list is nearly ten pages long and broadly involves five sets of cases. This post takes a look at these and briefly summarises the points…