This month, Law and Other Things published a number of interesting articles and hosted insightful discussions in the New Scholarship section. Below, we bring you an update on the blog’s activities over the month of November.
As part of our series marking 15 years of Law and Other Things, our Senior Editor Nick Robinson authored a piece titled Institutional Reform at the Supreme Court, tracing the institutional changes in the Indian Supreme Court over the past 15 years. This was followed by Prof. Arvind Elangovan’s piece titled Samvidhaan: Reflections on Shyam Benegal’s rendition of Indian Constitutional history, in which he reflects upon the famous television series“Samvidhaan: The Making of the Constitution of India” by Shyam Benegal.
Abhigyan Tripathi and Rishabh Chhabaria authored a two-part series on the National Digital Health Mission Policy. Part I introduces the policy and discussed privacy concerns arising from the same, and Part II focuses on other issues such as the lack of a legislative framework. Our reporter Shravani Shendye also brought you a succinct explainer on the Foreign Contribution (Regulation) Amendment Act, 2020.
This month we continued the book discussion on Jeffrey Redding’s book A Secular Need: Islamic Law and State Governance in Contemporary India, moderated by Prof. Rohit De. We published a two-part review by Shahrukh Alam (Advocate, Supreme Court of India), of which Part I can be found hereand Part II can be accessed here. We have also had response pieces from Arif A. Jamal (National University of Singapore), Farzana Haniffa (University of Colombo) and Shaunna Rodrigues (Columbia University).
We also published a response from Gurshabad Grover and Anna Liz Thomas to the arguments made by T. Prashant Reddy in his NLUD Journal of Legal Studies article titled Back to the Drawing Board: What should be the new direction of the intermediary liability law?. In their response, the authors counter two of the arguments made in the paper; first, that of ‘due diligence’ being a separate requirement from the intermediary guidelines and second, the interpretation of intermediaries as being obligated to proactively filter objectionable content.
We kicked off our discussion on Issue 2 of Volume 4 of the Indian Law Review, to be indexed here, with Dierdre N. Dlugoleski’s article titled Undoing historical injustice: the role of the Forest Rights Act and the Supreme Court in departing from colonial forest laws, introduced here. This was followed by a response from C.R. Bijoy, in which he emphasizes the importance of being familiar with the context when deciphering laws and court orders.
The blog will soon feature a series on India & Global Decline in Democracies as part of our 15 Year Series featuring many renowned public law scholars. Taking off from Prof. Tarunabh Khaitan’s article “Killing a Constitution with a Thousand Cuts: Executive Aggrandizement and Party-State Fusion in India”, the discussion shall feature posts from Mark Tushnet (Harvard Law School), Rivka Weill (Radzyner School of Law), Mark Graber (Yale), Tom Daly (Melbourne School of Govt.), Kim L. Scheppele (Princeton), Gabor Halmai (European University Institute), Dinesha Samararatne (Melbourne University/University of Colombo) and Samuel Issacharoff (New York University).