Equality Archives | Law and Other Things

Letting Go: The End (of the Start)

On April 23, 2021 By Swethaa Ballakrishnen In Book Discussion, Books, Editor's Choice, Equality, New Scholarship

Prof. Ballakrishnen responds to the comments from Akshaya Kamalnath, Nida Kirmani and Hemangini Gupta on their book Accidental Feminism: Gender Parity and Selective Mobility among India’s Professional Elite.

Same-Sex Marriage: Examining the Move towards Legal Recognition

On October 5, 2020 By Mariyam Mayan In Equality, Explainer, Fundamental Rights

This piece examines the recent move towards legal recognition of same-sex marriage and the petitions filed in different High Courts. it also elaborates on the divergent arguments made in favour of and against the same.

NLAT 2020: Is it really wrong?

On September 12, 2020 By Darsan Guruvayurappan In Admissions, Discrimination, Editor's Choice, Equality

In this article, the author attempts to briefly respond to a few of the arguments raised against NLAT. First, that the CLAT Consortium has no authority to remove NLSIU from the Consortium, and second, that the arguments regarding inequality are misplaced.

Part II: NLAT: Lack of Transparency, Accountability & Other Concerns

On September 9, 2020 By Bhavisha Sharma and Dayaar Singla In Admissions, Discrimination, Editor's Choice, Equality

NLAT prima facie promises safety for all applicants as they can appear for it from their homes through an online interface. However, in this part, we shall analyze the mode and timeline of the examination to argue that contrary to the Notification’s claims, the examination is not fair, accessible or transparent.

Part I- NLAT: Can a Consortium Member have an independent test?

On September 9, 2020 By Bhavisha Sharma and Dayaar Singla In Admissions, Discrimination, Equality

This Part shall delve into the legality of NLSIU’s decision of having a separate entrance test, while continuing as a member of the Consortium of NLUs by examining the Bye-Laws and the Memorandum of Association (MoA) of the Consortium.

Response to ‘The Sound of Constitutional Silences: Interpretive Holism and Free Speech under Article 19 of the Indian Constitution’ by Arpita Sarkar

On September 8, 2020 By Arpita Sarkar In Constitutional Law, Equality, Free Speech, Fundamental Rights, New Scholarship

[Ed Note: As part of our New Scholarship Section, we have been inviting discussants to respond to specific articles. This Response Piece is part of a series of posts indexed here discussing the public law themed articles …

Developments in Equality Jurisprudence

On June 23, 2020 By Vishal Rakhecha In Constitutional Law, Courts and Constitution, Discrimination, Editor's Choice, Equality, Manifest Arbitrariness, Reservation

The penultimate panel for the 2nd edition of The Courts & The Constitution, focused on reviewing the developments in equality jurisprudence over 2019. The panel was moderated by Professor Sudhir Krishnaswamy, Vice-Chancellor, NLSIU. Arundhati Katju …

The Citizenship Amendment Act and ‘Persons Belonging to Minority Communities’

On December 28, 2019 By Douglas McDonald-Norman In Comparative Law, Constitutional Law, Discrimination, Equality, Fundamental Rights

The Citizenship Amendment Act alters the definition of ‘illegal immigrant’ for the purposes of the Citizenship Act 1955. It provides that ‘persons belonging to minority communities, namely, Hindus, Sikhs, Buddhists, Jains, Parsis and Christians from …

Economic Quota And The Basic Structure Doctrine – Exploring The Oddities (Part 1)

On February 20, 2019 By Anant Sangal In Constitutional Law, Equality, Reservation, Supreme Court of India

This article is the first part of a two-part series on the 103rd amendment which provides for a maximum of ten percent reservation to the economically weaker sections of citizens, and deals with a brief history of the jurisprudence surrounding reservations in India.

Economic Quota And The Basic Structure Doctrine – Exploring The Oddities (Part 2)

On February 20, 2019 By Anant Sangal In Equality, Reservation, Supreme Court of India

This article is the second part of a two-part series on the 103rd amendment which provides for a maximum of ten percent reservation to the economically weaker sections of citizens, and discusses the jurisprudence on equality vis-a-vis reservations.