I recently wrote 3 guest posts for the Indian Constitutional Law and Philosophy blog reflecting on the legal journey of section 377, culminating in the just-concluded hearings in the Supreme Court.  In the first post, titled “Inclusive Pluralism or Majoritarian Nationalism”, I argued that the Court should use an expansive reading of Article 15 when…

India’s new trafficking bill relies exclusively on the stick to achieve its goals. It will fail. Smt Maneka Gandhi, the Indian minister for women & child development, is likely to table ‘The Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill 2018’ (hereafter, the bill) in the monsoon session of parliament scheduled to take place be-tween…

In a recent piece for Bar and Bench, Arvind Datar examines whether a fundamental right can be waived. I had long assumed that this question was settled in Basheshwar Nath’s Case. The Court declared, we learnt many years ago in law school, that there could be no waiver of fundamental rights. But the issue has lingered…

The privacy hearings before a 9-judge bench (excellently covered by Ujwala Uppaluri on this blog) have excited much attention. Some thoughts on these hearings below: On the adjudicative form: This is how adjudication, especially in a constitutional court, should normally function–a reasonably large bench that takes it time to hear multiple voices on the most fundamental…

(This is the second post by Ujwala Uppaluri in a series on the ‘right to privacy’ hearings in the Supreme Court of India. The first post can be accessed here.)   On Tuesday and Wednesday last week, Petitioners in the Aadhaar cases presented arguments asserting the existence of a fundamental right to privacy before 9…

(This is the first post of a 3-part series by Ujwala Uppaluri on the ‘right to privacy’ hearings before the Supreme Court of India. Ujwala is a graduate of NUJS Kolkata and Harvard Law School. ) A bench of 9 judges heard arguments on the existence of a fundamental right to privacy on Wednesday and…