Constitutional Law | Law and Other Things

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 …

Tax, Constitution and the Supreme Court

On December 14, 2019 By Karthik Sundaram In Book Launch, Constitutional Law, Supreme Court of India, Taxation

Taxation is omnipresent and makes its presence felt in all spheres of life. From a legal standpoint, when one contemplates on the fundamentals of taxation, the first set of questions which arise are (i) what …

The Criminalization of PUBG in Gujarat: A Frivolous Affair?

On October 18, 2019 By Tanishk Goyal In Comparative Law, Constitutional Interpretation, Constitutional Law, Free Speech, Fundamental Rights, Madras High Court, Supreme Court of India

In our latest piece, the author highlights the criminalization of PUBG in Gujarat with special focus on Section 37(3) of the Gujarat Police Act, 1951. The author discusses this in the light of the Blue Whale precedent, while further drawing parallels between the deontological and consequentialist approaches to free speech.

CLPR hosts 3rd edition of Transform, the International Conference on Transgender Rights and the Law on 13th and 14th September

On September 5, 2019 By Law and Other Things In Announcements, Conference, Constitutional Law, Fundamental Rights, Madras High Court, Right to Equality

In September 2018, the Indian Supreme Court passed the landmark verdict in Navtej Singh Johar v. Union of India which decriminalised same sex relations between consenting adults. This momentum was followed by the Madras High Court …

Life without Remission: An Irreviewable and Unconstitutional Punishment

On September 4, 2019 By Himanshu Agarwal and Amartya Kanjilal In Comparative Law, Constitutional Law, Death Penalty, Editor's Choice, European Court of Human Rights, Fundamental Rights, Madras High Court, Supreme Court of India

In this piece, the authors look at the new trend in the Indian judicial system, of remitting death sentences to life sentences, but without the option of further remission under any circumstances.

SOAS event to commemorate 70 years of India’s journey as a Constitutional Republic

On September 3, 2019 By Law and Other Things In Announcements, Call for Papers, Constitutional Law

SOAS South Asia Institute is hosting an interdisciplinary conference on January 20 next year to commemorate 70 years of the Indian Republic. Conceived of as an event that brings together young researchers and senior academics …

“Rubber-band” Secularism: How Islamic and Hindu majoritarianism repurpose colonial legal governance

On August 12, 2019 By Julia Stephens In Book Review, Comparative Law, Constitutional Law, Editor's Choice, Governance, Religion, Supreme Court of India, Women's Rights

In the conclusive post of the round-table book discussion, Professor Julia Stephens writes a response to the reviews for “Governing Islam: Law, Empire and Secularism in South Asia”. While analyzing the responses to her book, she simultaneously traces the paradigm of colonial secularism in the contemporary world

Governing Islam by Julia Stephens: A Response from Dr. Geetanjali Srikantan

On August 12, 2019 By Geetanjali Srikantan In Book Review, Comparative Law, Constitutional Law, Editor's Choice, Governance, Religion

In this piece, the author analyses Julia Stephens’ book through the lens of theories of numerous thinkers. The author discusses the British perception of Mughal law, the philosophy driving the differentiation of Islamic and Hindu law among other themes.

Kashmir, the Constitution and Article 370: an Explainer

On August 8, 2019 By Chittkrishna Thakkar and Siddharth Sunil In Constitutional Interpretation, Constitutional Law, Editor's Choice, Explainer

This piece seeks to explain how Jammu & Kashmir’s constitutional status has changed in light of the recent developments and its possible repercussions

Governing Islam by Julia Stephens: A Response from Jhuma Sen

On July 31, 2019 By Jhuma Sen In Bombay High Court, Book Review, Constitutional Law, Governance, Religion, Supreme Court of India, Women's Rights

(As part of our blog round-table book discussion, this is the third of the substantive responses to Julia Stephen’s Governing Islam: Law, Empire and Secularism in South Asia, by Professor Jhuma Sen.) Governing Islam: Law, Empire, and …