Supreme Court of India Archives | Law and Other Things

The Honorable Dissent: Who said, what? – Part II

Namratha Murugeshan/February 9, 2018March 23, 2018 /Leave a comment

Guest post by Namratha Murugeshan It has almost been a month since the four puisne judges of the Supreme Court addressed the public regarding a ‘crisis’ in the Indian judiciary. A lot has been said and written by lawyers, judges, legal scholars and multiple other stakeholders in this interim period. The aim of the present…

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Vignettes – Man Mohan Das and the Indian Supreme Court

Guest/February 6, 2018March 8, 2018 /1 Comment

Guest Post by Abhinav Sekhri On March 12, 1968, Justice Amar Nath Grover had completed a month of being on the Indian Supreme Court. His appointment was one of the last acts of K.N. Wanchoo as Chief Justice, who was himself replaced by M.C. Hidayatullah on February 25, 1968. In a tradition continued till today,…

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Independent Judiciary Must for Liberal Democracy: J Chelameswar

Guest/January 28, 2018March 8, 2018 /Leave a comment

Supreme Court Justice Jasti Chelameswar addressed the attendees at the launch of a new book about the origins of the Supreme Court on Monday, where he spoke about the need for legal scholarship to tackle the institutional problems faced by the judiciary today. The most senior judge of the Supreme Court after the CJI, Justice…

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The Honorable Dissent: Who said, what?

Namratha Murugeshan/January 23, 2018March 23, 2018 /Leave a comment

Guest post by Namratha Murugeshan Friday, the 12th of January, 2018 witnessed a historic vocalization of dissent in the Indian judiciary albeit outside the courtroom. In an unprecedented press conference, four puisne judges of the Indian Supreme criticized the incumbent Chief Justice Dipak Misra for abuse of his administrative power in the matter of allocation…

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The Historical Distrust of Arbitration in India

Rohit De/March 19, 2017August 19, 2017 /Leave a comment

I wanted to bring the readers attention to Parul Kumar’s new article on the treatment of substantive allegations of fraud in arbitration, published in Arbitration International, a journal published by the London Court of International Arbitration. The abstract of the article is below and the article can be found here. “The Indian Supreme Court judgment…

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Supreme Court Law Clerks

Abhinav Chandrachud/February 2, 2015December 27, 2016 /Leave a comment

A paper I wrote on the institution of the law clerkship on the Supreme Court of India was published in the International Journal of the Legal Profession, and is now available for free online. A draft of the paper had earlier been posted on SSRN as part of the Harvard Law School Program on the…

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Judicial Appointments in India

Abhinav Chandrachud/May 28, 2014December 27, 2016 /2 Comments

In a new book published by Oxford University Press this month, entitled “The Informal Constitution: Unwritten Criteria in Selecting Judges for the Supreme Court of India”, I explore the prevalence of three informal eligibility criteria for appointing judges to the Supreme Court of India: age, seniority, and diversity. The book expands upon my previous writings…

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How Green is my Supreme Court?

Rohit De/January 21, 2014December 27, 2016 /Leave a comment

What has been the record of the Supreme Court in protecting the environment? Geetanjoy Sahu in a recent article in the Economic and Political Weekly examines every Supreme Court case dealing with enviromental issues from 1980 to 2004 to conclude that the court has come out overwhelming in favor of the “underdog”, in this case…

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“Proportionality” and the Supreme Court of India

Abhinav Chandrachud/November 12, 2013December 27, 2016 /1 Comment

In a paper published in the latest issue of the Oxford University Commonwealth Law Journal, I explore the proportionality doctrine as applied by the Supreme Court of India. An earlier version of the paper is available on SSRN. Here’s an abstract: “In a case decided in the year 2000, the Supreme Court of India held,…

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Arbitrariness, “Doctrinal Looseness”, and other things…

Abhinav Chandrachud/June 5, 2013December 27, 2016 /6 Comments

In Chapter 6 of my book, Due Process of Law (published in 2011) [p. 177-206], I had argued that the “arbitrariness” test under Indian constitutional law, famously articulated by Justice Bhagwati in the Royappa and Maneka Gandhi decisions, and its subsequent application by the Supreme Court, suffered from “doctrinal looseness”. I said that the arbitrariness…