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Law and Other Things

A Blog About India's Laws and Legal System, its Courts, and its Constitution

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Douglas McDonald-Norman

Book Review: Kama Maclean, “British India, White Australia” (UNSW Press, 2020)

On August 15, 2020 By Douglas McDonald-Norman In Uncategorized

India’s and Australia’s different experiences in the British Commonwealth revolved around race: British India and White Australia were based on race ideologies that justified forms fo colonialism and exclusion. (p 234) This month, Law and …

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Foreigners Tribunals, Refugee Status Determination and the ‘Surveillance of Authenticity’

On January 4, 2020 By Douglas McDonald-Norman In Comparative Law

A woman in Assam is determined not to be a citizen of India by the NRC. She seeks review by a Foreigners Tribunal. She faces a formidable task. She bears the burden of proving that …

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The Citizenship Amendment Act and ‘Persons Belonging to Minority Communities’

On December 28, 2019 By Douglas McDonald-Norman In Comparative Law, Constitutional Law, Discrimination, Equality, Fundamental Rights

The Citizenship Amendment Act alters the definition of ‘illegal immigrant’ for the purposes of the Citizenship Act 1955. It provides that ‘persons belonging to minority communities, namely, Hindus, Sikhs, Buddhists, Jains, Parsis and Christians from …

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Seeking Refuge in India: Ulaganathan and ors v Ministry of External Affairs

On July 14, 2019 By Douglas McDonald-Norman In Uncategorized

Introduction In August, the Supreme Court will hear petitions on whether “illegal immigrants” in India are entitled to recognition as refugees. These proceedings are intrinsically linked to the Centre’s broader efforts to remove stateless Rohingya …

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“Intensely Human”: A Brief Biographical Sketch of Edmund Elmar Mack

On July 9, 2018 By Douglas McDonald-Norman In Uncategorized

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’ …

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Seeing Persecution: Koushal, s 377 and Evidence of Human Rights Abuses

On November 11, 2017 By Douglas McDonald-Norman In Constitutional Law, Discrimination, Equality, Fundamental Rights, Privacy, Right to Equality, Supreme Court of India

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 …

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Review: Abhinav Chandrachud’s Republic of Rhetoric: Free Speech and the Constitution of India

On October 21, 2017 By Douglas McDonald-Norman In Book Review, Free Speech

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 …

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The Exception: Ferdino Rebello and a Call for Help

On June 25, 2017 By Douglas McDonald-Norman In Uncategorized

My first post for this blog was about Indian judges who had previously served in state and Central legislatures. At that time, I noted that ‘despite the fact that no Supreme Court judge appointed since …

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South Asia, South Pacific, South Australia: Resistance to Imperial Racial Hierarchies and Australian Politics

On April 29, 2017 By Douglas McDonald-Norman In Uncategorized

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 …

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Who Was Basil James?

On April 17, 2017 By Douglas McDonald-Norman In Uncategorized

This is the third of a series of posts on colonial continuity in the Indian legal system. Previous posts in the series can be found here and here. Basil Reginald James was admitted to the …

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