Some thoughts on the Naz decision, here. In many ways, the shameful decision is a consequence of what has been unfolding in India for a few years now, where there an emphasis only on outcomes. The line between the legal process and the political process has been jettisoned and core judicial values like independence, rationality, and finality have been betrayed in the past three decades through forms of adjudication whose culprits are judges, lawyers, and litigants alike. The upshot of this has been that the Supreme Court no longer believes it needs to attend to matters like precedent, the textual content of legal materials, doctrinal coherence, and so forth. The running joke is that there is not one Supreme Court of India but many – the verdict you get will turn on which courtroom your matter gets listed in.
The Court’s Decline
Further reading
Summary: In this piece, we continue the discussion on Prof. Nivedita Menon’s latest book, Secularism as Misdirection: Critical Thought from the Global South. The summary of the book by Prof...
Blurb: The Bharatiya Nyaya Sanhita’s Section 104 revives the constitutional infirmities of the repealed Section 303 IPC, despite its ostensible reformist intent. By maintaining mandatory sentencing...
Blurb: This blog discusses the inadequacy of the current refugee law framework in addressing the pressing issue of climate refugees. It subsequently discusses the imminent need to develop regional...
Blurb: This blog discusses the inadequacy of the current refugee law framework in addressing the pressing issue of climate refugees. It subsequently discusses the imminent need to develop regional...
Blurb: The Essential Religious Practices (ERP) Test is scheduled to be reviewed by the Supreme Court of India. This piece highlights the inadequacies of the ERP Doctrine, and argues for a change...
Blurb: The article advocates extending euthanasia to non-terminally ill patients, emphasizing autonomy and dignity under Article 21. Critiquing current laws, it highlights ethical dilemmas and...