Constitutional Interpretation | Law and Other Things

Justice Sinha’s legacy: Strict Scrutiny, Death Penalty, Counter-majoritarianism

On August 6, 2009 By Tarunabh Khaitan In Uncategorized

Update: See link to yesterday’s death penalty judgment below. Justice Sinha, arguably one of the most interesting judges on the Supreme Court today, retires on the 9th of August 2009. He has written many important …

Constitutionality of colonial laws

On August 2, 2009 By Tarunabh Khaitan In Constitutional Law, Delhi High Court, Discrimination, Equality, Fundamental Rights, Privacy

The Law Minister, in apparent agreement with the Delhi High Court’s verdict in Naz Foundation, has remarked that: We have a Constitution, many a times the Constitution runs parallel to many laws which were enacted …

Q&A on Naz Foundation judgment

On July 12, 2009 By V.Venkatesan In Constitutional Interpretation, Constitutional Law, Delhi High Court, Discrimination, Equality, Fundamental Rights, Privacy

I found Vikram Raghavan’s three posts analysing the Naz Foundation judgment extremely useful to understand its significance. What I attempt in this post is to answer some of his concerns, as well as that of …

Extraterritorial application of High Court judgments: A riposte to Shivprasad Swaminathan

On July 10, 2009 By V.Venkatesan In Uncategorized

Guest Blogger Subramanian Natarajan I have been following with quite some fascination what is probably the only purely theoretical question to have faced the Indian constitution since the much vexed question of its amendability. I …

Guest Post: Extraterritorial application of HC judgment

On July 9, 2009 By Tarunabh Khaitan In Uncategorized

It is my pleasure to post on behalf of Shivprasad Swaminathan [LLB (ILS , Pune) B.C.L (Oxford)]. He is a Doctoral Student studying jurisprudence at Balliol College , Oxford. He is working on The Normativity …

Navigating the Noteworthy and Nebulous in Naz Foundation — Part II

On July 8, 2009 By Vikram Raghavan In Comparative Law, Constitutional Interpretation, Delhi High Court, Discrimination, Equality, Fundamental Rights, Privacy

Having celebrated Naz Foundation’s glorious ramparts yesterday, I turn now to critically appraise the decision’s side streets and alleys. I thought I would be able to complete that task in a single post today. However, …

Navigating the Noteworthy and Nebulous in Naz Foundation — I

On July 6, 2009 By Vikram Raghavan In Constitutional Interpretation, Delhi High Court, Discrimination, Equality, Fundamental Rights, Privacy

There have been few, if any, cases whose proceedings have been closely followed and judgment keenly awaited as Naz Foundation. The verdict was eagerly anticipated, not just by lawyers and court watchers, but also by …

Fraternity in the Constitution: Cultural Policing in Dakshina Kannada

On April 5, 2009 By Tarunabh Khaitan In Uncategorized

A recent report by the PUCL-Karnataka on ‘Cultural Policing in Dakshina Kannada: Vigilante Attacks on Women and Minorities 2008-9‘ released in March 2009 fills in the gaps on the cultural policing debate by providing valuable …

The EC imbroglio: Two commentaries

On February 3, 2009 By Arun Thiruvengadam In Uncategorized

Ramaswamy R. Iyer has a clear and compellingly written op-ed in today’s Indian Express where he seeks to take on some of the views that have been articulated about this continuing controversy. Iyer first argues …

Is there a lacuna in Article 74?

On January 24, 2009 By V.Venkatesan In Uncategorized

With the Prime Minister, Dr.Manmohan Singh having been hospitalised, he will be virtually absent from office on health grounds for a month at least. My friend, Manoj Mitta has suggested in Today’s Times of India …