Law and Other Things

Ghost Report in Rafale deal

On December 15, 2018 By Tarunabh Khaitan In Judgment Analysis, Supreme Court of India

This short post analyses the judgement by the Supreme Court of India regarding the Rafale deal and it’s apparent reliance on an allegedly non-existent report.

Constitutional Resilience in South Asia Workshop: Call for Papers

On December 13, 2018 By Tarunabh Khaitan In Announcements, Call for Papers, Uncategorized

5-7 December 2019 at Melbourne Law School The organisers are pleased to announce a workshop on “Constitutional Resilience in South Asia”. Concerns about the stability of democracies, even long-established democracies, have been rising globally. As a …

Indian Equality Law Visiting Fellowships

On December 13, 2018 By Tarunabh Khaitan In Announcements, Call for Applications, Uncategorized

Applications are invited for 2-3 visiting fellows to spend 4-5 weeks at Melbourne Law School in 2019, as part of the Indian Equality Law Programme. The Indian Equality Law Visiting Fellowships are designed for advanced-stage …

Religious Denomination – Multiculturalism, Group Rights and the Constitution

On November 5, 2018 By Vivek Anandh In Constitutional Interpretation, Constitutional Law, Discrimination, Equality, Fundamental Rights, Judgment Analysis, Religion, Supreme Court of India, Women's Rights

This post analyses the Supreme Court’s attempt to reconcile its dominant liberalism/individualism based approach towards fundamental rights as against the group right claims under Article 26, in the recent Sabarimala verdict.

Sabarimala and the Essential Religious Practices Test

On October 31, 2018 By Vivek Anandh In Constitutional Interpretation, Constitutional Law, Discrimination, Equality, Fundamental Rights, Judgment Analysis, Supreme Court of India, Women's Rights

In this post, Vivek Anandh thematically analyses the important doctrinal conclusions on the ‘Essential Practices’ test and its discursive impact on the constitutional jurisprudence in the context of the Sabarimala Judgment.

Social Dimensions Of Judicial Decisions: The Navtej Johar Template

On October 19, 2018 By Adil Saifudheen and Pranav Tanwar In Constitutional Interpretation, Constitutional Law, Discrimination, Equality, Fundamental Rights, Privacy, Supreme Court of India

In this post, the authors argue that while the Navtej Johar judgment is tool for social change, it may be unable to function as an effective measure for social acceptance.

Understanding the Sabarimala Verdict- Part III

On October 17, 2018 By Bhavisha Sharma In Constitutional Interpretation, Constitutional Law, Discrimination, Equality, Fundamental Rights, Privacy, Supreme Court of India, Women's Rights

This post is the concluding part of a three part series deconstructing the Sabrimala Verdict which opened the gates of temple to women devotees.