Lately in Public Law | January’25

A fortnightly feature inspired by I-CONnect’s weekly “What’s New in Public Law” feature that addresses the lacuna of a one-stop-shop public law newsletter in the Indian legal space. 

What’s New at LAOT

1. Book discussion on Farrah Ahmed’s Chapter on Fraternity in the Indian Constitution:

i. Saranya Ravindra, Summary of Farrah Ahmed’s Chapter on Fraternity in the Indian Constitution (summarises the article “Fraternity” by Farrah Ahmed, forthcoming in The Cambridge Companion to the Constitution of India (Gautam Bhatia, Aparna Chandra and Niraja Gopal Jayal (eds)).)

ii. Elisa Arcioni, Fraternity in the Indian Constitution: Response by Elisa Arcioni (continuing the discussion on Dr. Farrah Ahmed’s Chapter on Fraternity forthcoming in the Cambridge Companion to the Constitution of India.)

iii. Rowena Robinson, Fraternity in the Indian Constitution: Response by Rowena Robinson (continuing the discussion on Dr. Farrah Ahmed’s Chapter on Fraternity forthcoming in the Cambridge Companion to the Constitution of India)                                                         

2. Prof. Alind Gupta, Housing Discrimination in India: A Clash of Two Competing Visions (aims to locate the issue of discrimination in the housing sector on the grounds of religion, caste, etc. in the context of a broader clash between the ideas of two scholars, Carl Schmitt and B.R. Ambedkar)

3. Nandan D and Archana B, Dissecting the Intent of Article 329(A): Judicial Review on Unconstitutional Delimitation Orders to Facilitate Lawful Elections (presents an overview of the way Article 327 and 329(a) have been interpreted and proposes a harmonious construction of the two that enables courts to review delimitation orders and notes judicial trends and key considerations courts take into consideration when reviewing such orders)

4. Nachiketa Narain, Mineral Area Development Authority Ruling: The Dilemma of “When Can They Tax” (analyses the Mineral Area Development Authority decision, specifically analyzing the question of when states can start taxing mining entities, along with an analysis of the doctrine of prospective overruling)

5. Aprameya Sheshadri, Beyond Proclamation Validity: Expanding the Scope of Judicial Review Under Article 356 in the Aftermath of the Article 370 Judgement Part – I and  Part – II  (critically examines the evolving scope of judicial review under Article 356, focusing on the Supreme Court’s interpretation of the same in the Article 370 judgment)

6. Eeshan Sonak, Remembering Bhulabhai Desai and the INA Trials (revisits the legacy of Bhulabhai Desai and his masterful defense at the Indian National Army Trials of 1945, exploring how Bhulabhai’s arguments not only reframed the INA’s actions as a legitimate struggle for liberation under international law but also galvanized public sentiment and weakened the foundations of British rule)

Elsewhere Online

1. Anshul Dalmia, The Supreme Court and Delimitation in Jammu and Kashmir, Indian Constitutional Law and Philosophy

2. Keerthi Sathvika Tammineedi, Compromising On Equality in Search of The Perfect Beneficiary: The Case Against Excluding the ‘Creamy Layer’ from SC, ST Reservations, Law School Policy Review.

3. Aparna Bhatnagar, ‘The Private is Political’: Horizontality of Fundamental Rights as an Antidote for Trans Discrimination in India, Oxford Human Rights Hub.

4. Ritwik Sharma, From Commodity to Fundamental Right: Is Denial of Access to Electricity a Violation of Article 21?, The RMLNLU Law Review Blog.

5. Jayna Kothari & Mathew Idiculla, Justice DY Chandrachud and Gender Equality in the Higher Judiciary, NLSIR Online.

6. Rohin Bhatt, A Quixotic Quest For Justice Chandrachud’s Legacy On Queer Rights, NLSIR Online.

Listen Up:-

1. All Things Policy, Reflections on the AI Guidelines Report by All Things Policy (Discusses AI governance in India and unpack recommendations of AI guidelines report and it implications).

2. All Things Policy, Reapportionment and Delimitation: Key Issues and Possible Pathways by All Things Policy (discusses key issues and possible solutions related to the political process of reapportionment and delimitation in India.

3. Decoding the Draft Digital Personal Data Protection Rules, 2025 – In Focus by The Hindu  (breaks down the key provisions of the 2025 draft data protection rules and their potential impact)

4. UCC was debated more in the Constituent Assembly than in Uttarakhand. Why it’s a problem  (explores how the Uniform Civil Code was more extensively debated in India’s Constituent Assembly than in Uttarakhand and why that matters) 

Lately in Academic Articles

1. Salman Khurshid, On the Supreme Court Judgment on the Status of AMU, Economic and Political Weekly (analyzes the recent ruling that overturned the 1968 Supreme Court decision, which denied Aligarh Muslim University’s minority status under Article 30(1). It contextualizes both judgments and presents legal and historical arguments in favor of recognizing AMU as a minority institution. It further discusses the implications of the case, as a regular bench now examines its factual background.)

2. Malcolm Katrak & Shardool Kulkarni, The Regulation of Influencer Labour in India: Situating a Novel Form of Labour Amidst Colonial Continuities of Informality, Elgar Online (examines influencer marketing within India’s platform economy, tracing its legal and regulatory challenges to colonial-era informality in labour laws, emphasizing the absence of robust protections for influencer workers and mapping the evolving legal landscape).

3. Gaurav Pathak, Bagavathy Vennimalai & Parkhi Saxena, The Need and Means for Pre-Legislative Consultation in India: MyGov and Beyond, Taylor & Francis (analyzes the gaps in India’s Pre-Legislative Consultation Policy, highlighting its non-binding nature and lack of enforcement, and advocates for strengthening public participation through MyGov, government platform and comparative international frameworks).

4. Nikita Sonavane et al., The Contours of Caste in the Criminal Legal System: The Supreme Court’s Ruling on Prison Practices, Economic & Political Weekly (examines the Supreme Court’s recent decision in Sukanya Shantha v. Union of India and Others (2024), which struck down provisions in prison manuals for perpetuating caste-based discrimination. The ruling highlights the historical connections between caste and criminality, particularly concerning de-notified tribes. The article explores the significance of this recognition and its implications for prison reforms and caste justice in India’s legal system.)

5. Shardha Rajam & Prabha Kotiswaran, Justice Within the New Factory Gates: How to Hold RWAs Responsible for Workers’ Welfare, Cambridge University Press (examines the role of Resident Welfare Associations (RWAs) in regulating reproductive labor in gated communities, highlighting their wage-fixing and surveillance practices while avoiding legal responsibility, and argues for holding RWAs accountable as public bodies under India’s labor and constitutional laws).

6. Kritika & Anjali Sharma, Review of Indian Studies on Environmental Impact Assessment, Integrated Environmental Assessment and Management (analyzes the effectiveness of Environmental Impact Assessment (EIA) processes in India, highlighting policy evolution, gaps, and areas for improvement under the Environment (Protection) Act, 1986, and EIA Notification, 2006, and providing recommendations for policy and research advancements in sustainable development and environmental management).

Opportunities and Other Things

1. Call for papers by Intellectual Property Law Review by NUALS. The last date for Submission is 2 March 2025.

2. Call for Papers: Indian Journal of Child & Youth Justice by CCYJ, NALSAR. The last date for submission is 10 March 2025.

3. Call for Papers by CLS Interdisciplinary Workshop Rethinking Gender, Sexuality, and the Law: A Conversation between Feminist Scholars in Postcolonial South Asia and the UK. The last date for abstract submission is 28 March 2025.

4. Call for Papers by Environmental Law and Practice Review Journal by NALSAR. The last date for Submission is 31 March 2025.

5. Call for Submission by 28ᵗʰ Annual H.M. Seervai Essay Competition in Constitutional Law of National Law School of India University. The last date for submission is 15 April 2025.

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