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Tag: Constitutional Interpretation

The Indian Constitution “outside the Constitution”

On October 25, 2008 By Madhav Khosla In Uncategorized

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 …

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Naz Foundation Case: Update and links

On September 29, 2008 By Arun Thiruvengadam In Uncategorized

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 …

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Unenforced legislations – reconsidering AK Roy

On August 30, 2008 By Tarunabh Khaitan In Uncategorized

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 …

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Dhavan’s response to Venkatesan

On August 27, 2008 By Tarunabh Khaitan In Uncategorized

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 …

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Strict Scrutiny after Thakur

On August 22, 2008 By Tarunabh Khaitan In Uncategorized

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 …

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Official Secrets Act invalid?

On August 16, 2008 By Tarunabh Khaitan In Uncategorized

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 …

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Reflections on the litigation strategy in Naz Foundation, and comparative notes

On May 24, 2008 By Arun Thiruvengadam In Comparative Law, Constitutional Interpretation, Delhi High Court, Discrimination, Equality, Fundamental Rights, Privacy

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 …

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Report on first day of hearing in the Naz petition

On May 21, 2008 By Tarunabh Khaitan In Uncategorized

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 …

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Venugopal v. Union of India

On May 9, 2008 By Tarunabh Khaitan In Uncategorized

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 …

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Temporary shift in focus: Important case for property rights and SEZs

On April 17, 2008 By Arun Thiruvengadam In Uncategorized

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 …

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