Shreya Rastogi (V Year, NLU Delhi) and I co-authored an article titled ‘Diplomatic immunity in peril’ that appeared as the lead op-ed in The Hindu yesterday (20th March). We argue that the Supreme Court’s order restraining the Italian Ambassador and the ‘waiver of immunity’ argument in the contempt proceedings being considered are without basis in law….

The US Supreme Cout will hear arguments today (10th October) in  Fisher v. Texas concerning the constitutionality of using race as a factor in university admissions. Nine years after the ruling in Grutter v. Bollinger, the Supreme Court has the opportunity to revisit its ruling that the state has a compelling interest in promoting racial diversity…

Madhav in his response in The Hindu says — “Most seriously, though, Surendranath’s analysis ignores the crucial constitutional principle at stake here: equality of opportunity. Reservations seek to remedy unequal starting positions, but once introduced in promotions they do the inverse: they treat equals unequally.” Part of my reply is aimed precisely at that claim….

In this post, I intend to build on my preliminary response to the 117th Constitution Amendment Bill that appeared as an op-ed in The Hindu. Amongst all the points that P.S Krishnan has made in his article in the Frontline, my only serious disagreement with him is on his position that the State need not empirically demonstrate…

The US Supreme Court handed down its decision in National Federation of Independent Business v. Sebelius yesterday and upheld the individual mandate provision of the Affordable Care Act. In this post, my attempt is to provide a clear and simple analysis of the issues involved and the opinions expressed in the case. It would be stating the…

(I must thank Professor Ali Qazilbash at the Department of Law and Policy, Lahore University of Management Sciences for answering some of my basic questions concerning this controversy and constitutional law in Pakistan. Any inaccuracies, however, are my own responsibility.) To better understand the order of the Supreme Court of Pakistan disqualifying Prime Minister Gilani,…

The Supreme Court of Pakistan has cited Rajendra Singh Rana v. Swami Prasad Maurya (February 2007) and Jagjit Singh v. State of Haryana  (December 2006) in its order that reviewed the decision of the Speaker of the National Assembly (lower house) to not proceed with the disqualification of Prime Minister Gilani. It might be worthwhile to clarify the scope…

Two recent decisions, one from the Andhra Pradesh High Court and the other from the Supreme Court, might well radically alter the dynamic between the courts and the State in the context of reservations. In the judgment delivered yesterday in R. Krishnaiah v. Union of India, a Division Bench of the Andhra Pradesh High Court, comprising…