In a new book published this month, “Republic of Rhetoric: Free Speech and the Constitution of India” (Penguin, 2017), I argue that the enactment of the Constitution in 1950 made little substantive difference to the right …
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Author: Abhinav Chandrachud
Advocate, Bombay High Court
Substantive Due Process Update
Two interesting, recent cases tell a very different story about the incorporation of the U.S. doctrine of substantive due process in Indian constitutional law. In Rajbala v. Haryana, (2016) 2 SCC 445, a two-judge bench …
Continue readingLitigation 101: Bombay High Court Practice and Procedure
The following is a brief introduction to the practice and procedure of litigation at the Bombay High Court. CMIS Date: When a case or “matter” is filed at the Bombay High Court, it is usually …
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Book Launch: Bombay High Court’s History
For anyone interested in Indian legal history, please come to the launch of my book, “An Independent, Colonial Judiciary: A History of the Bombay High Court During the British Raj, 1862-1947”, this Thursday, 18th June, …
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History of the Bombay High Court
In a new book published this month, “An Independent, Colonial Judiciary”, I explore the history of the Bombay High Court during the British Raj. The book seeks an answer to one central question: why did …
Continue readingCiting American Authorities in Free Speech Cases
The Supreme Court’s judgment in the section 66-A case was striking to me for one particular reason. Indian courts have long held that the judgments of American courts can’t reliably be used as precedents while …
Continue readingSupreme Court Law Clerks
A paper I wrote on the institution of the law clerkship on the Supreme Court of India was published in the International Journal of the Legal Profession, and is now available for free online. A …
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