This post focuses upon a reported exchange in the Supreme Court hearing of the Naz case, between Chief Justice Balakrishnan and the lawyers supporting the High Court judgment in Naz Foundation. The specific issue involved the legitimacy of referring to foreign and international experiences while deciding controversial questions of domestic constitutional law. As Mr. Venkatesan…

The National University of Juridical Sciences (NUJS), Kolkata will host Susan Karamanian from the George Washington University law school on the 26th of February (from 4 to 6 pm in Room 006 of Ambedkar Bhavan). She is the Associate Dean for International and Comparative Legal Studies.Her talk titled “The US Death Penalty on the World’s…

On our 59th Republic Day, I thought I’d reflect, in my private capacity, on a disturbing trend concerning our country’s refusal to participate or to curb its commitment to key humanitarian agreements. The latest example is the recently adopted international convention on cluster munitions. My friend, Priya Pillai, has written an excellent note for the…

In these uncertain times, the Chief Justice KG Balakrishnan reminds us that ‘substantive due process is an essential part of our collective response to terrorism.’ Don’t think either of them will like the comparison, but Arundhati Roy makes a similar, if more eloquent, call: “Anti-terrorism laws are not meant for terrorists; they’re for people that…