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 line between the legal process and the political process has been jettisoned and core judicial values like independence, rationality, and finality have been betrayed in the past three decades through forms of adjudication whose culprits are judges, lawyers, and litigants alike. The upshot of this has been that the Supreme Court no longer believes it needs to attend to matters like precedent, the textual content of legal materials, doctrinal coherence, and so forth. The running joke is that there is not one Supreme Court of India but many – the verdict you get will turn on which courtroom your matter gets listed in.
The Court’s Decline
Further reading
Summary: The persistent intrusion of work into personal time not only erodes an individual’s temporal boundaries, but also puts to test the inadequacies of the existing labour safeguards...
Summary: This article examines the discriminatory framework of the Maternity Benefit Act, 1961 which grants maternity leave to adoptive mothers only when the adopted child is below three months of...
Summary: This article examines the discriminatory framework of the Maternity Benefit Act, 1961 which grants maternity leave to adoptive mothers only when the adopted child is below three months of...
What happens when a Constitution promises rights, but the systems built around it keep concentrating power? In this episode, LAOT host Arnav Mathur speaks with constitutional scholar Dr...
In this article, the authors examine whether the Indian Space Research Organisation qualifies as an industry under the Industrial Disputes Act 1947. They argue that space exploration in India...
The Law and Other Things Blog (LAOT), in collaboration with the Community for the Eradication of Discrimination in Education and Employment (CEDE), is inviting applications for the position of Legal...