This post is the fourth in a loosely-linked set of posts on colonial continuity in the Indian judiciary. Previous posts can be found here, here and here. In my previous post on India’s ‘British judges’ after Independence, I noted that the assumption of a rigid racial dichotomy between coloniser and colonised replicates colonial assumptions of…

Suresh Kumar Koushal v Naz Foundation (“Koushal”) is a bad decision which must be overturned. This is not a new or an original observation. (See, for example, most of December 2013 on this blog.) This post examines one particular aspect of Koushal – its use and abuse of evidence of discrimination, marginalisation and hardship suffered…

Abhinav Chandrachud’s Republic of Rhetoric: Free Speech and the Constitution of India (2017) is not Gautam Bhatia’s Offend, Shock and Disturb: Free Speech under the Indian Constitution (2016). Admittedly, both books are examinations of free speech law in India by young advocates who, between their legal practices and busy careers as legal writers, seemingly never…

I note at the outset that this blog post does relate back to this blog’s remit regarding ‘India’s laws and legal system’. (Or, at least, to the question of Indian political history and culture.) It just takes its time in doing so. I’ve recently had the opportunity to read two fascinating works – Brij V….

In recent years, asylum seekers from Bangladesh have comprised a significant portion of unauthorised maritime arrivals (that is, people arriving by boat without visas) in Australia. Their claims for protection have encountered significant resistance from decision-makers in refugee status determination (RSD), both at first instance within the Department of Immigration and Border Protection (DIBP) and…
Image of Supreme Court of India

This is the second post in an infrequent series on colonial continuity in the Indian judiciary. The first post can be found here.   In November, I posted what was, in retrospect, an embarrassingly effusive paean to the Indian Constitution, as delivered to the Indian Consulate in Sydney to mark Constitution Day. I said it…