The argument that engaging with merely the “Constitution” is not enough to make sense of how constitutional tasks are performed in legal systems may, at first blush, seem surprising to some. Two recent pieces of …
Continue reading
Tag: Constitutional Interpretation
Naz Foundation Case: Update and links
Hearings on the Naz Foundation case are currently underway in the Delhi High Court. The May round of hearings formed the basis of prior posts on the blog (available here, here and here). Here is …
Continue reading
Unenforced legislations – reconsidering AK Roy
In a recent post on a related matter, I mentioned the judgment in AK Roy: ‘In AK Roy v Union of India the duly enacted 44th Constitution Amendment Act 1978 provided that it shall come …
Continue reading
Dhavan’s response to Venkatesan
Dr. Dhavan has sent the following in response to Venkatesan’s critique. I have his permission to post it on the blog: “Wrong But Delightful: A Response to V. Venkatesan– By Rajeev Dhavan 1. What a …
Continue reading
Strict Scrutiny after Thakur
Has Ashoka Thakur buried the concept of stict scrutiny in Indian jurisprudence? In this recent article published by the Journal of the Indian Law Intitute, I argue that it is a good idea that may …
Continue reading
Official Secrets Act invalid?
A very interesting article in the Outlook claims that the Official Secrets Act, 1923 was never notified in the Official Gazette and is therefore not law. To quote: ‘Here’s the untold story of the Official …
Continue reading
Reflections on the litigation strategy in Naz Foundation, and comparative notes
I believe the Naz Foundation case has the potential to become one of the most significant cases in Indian constitutional jurisprudence, and I am glad that we are following its route through our legal system …
Continue reading
Report on first day of hearing in the Naz petition
The Lawyers’ Collective report on the first day of hearing in the challenge to s. 377 is available on their website, which promises to provide daily updates of the hearing. Arvind Narrain criticises the continued …
Continue reading
Venugopal v. Union of India
The judgment in P. Venugopal v. Union of India delivered on Thursday is obviously interesting because it causes political embarrassment to the government by striking down an ill-advised piece of legislation. But it is also …
Continue reading
Temporary shift in focus: Important case for property rights and SEZs
We are now beginning to delve into the details of the Thakur case, and I do not mean to obstruct that process. But, as with much else in life, things go on and we should …
Continue reading