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 …
Continue readingTag: Constitutional Interpretation
Constitutionality of colonial laws
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 …
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Q&A on Naz Foundation judgment
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 …
Continue readingExtraterritorial application of High Court judgments: A riposte to Shivprasad Swaminathan
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 …
Continue readingGuest Post: Extraterritorial application of HC judgment
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 …
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Navigating the Noteworthy and Nebulous in Naz Foundation — Part II
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, …
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Navigating the Noteworthy and Nebulous in Naz Foundation — I
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 …
Continue readingFraternity in the Constitution: Cultural Policing in Dakshina Kannada
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 …
Continue readingThe EC imbroglio: Two commentaries
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 …
Continue readingIs there a lacuna in Article 74?
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 …
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