Supreme Court of India | Law and Other Things

All you need to know about the Aadhaar Litigation

On September 26, 2018 By Namratha Murugeshan and Vishal Rakhecha In Constitutional Interpretation, Constitutional Law, Editor's Choice, Explainer, Fundamental Rights, Legislation Analysis, Supreme Court of India

The Aadhaar litigation will go down in history for being the second longest hearing in the Supreme Court of India. The case was heard for 38 days over a span of four months in which …

The Impact Of Puttaswamy Judgement On The Rights Of The Media

On September 20, 2018 By Vishal Rakhecha In Constitutional Interpretation, Constitutional Law, Equality, Fundamental Rights, Judgment Analysis, Privacy, Supreme Court of India

The post is an attempt to anticipate the trajectory of decisions following the Puttaswamy judgment, in dealing with cases where the right to freedom of speech and right to privacy are seemingly in conflict, based on a decisions of a few High Courts in this regard.

The Global Itineraries of Lynch Justice

On September 14, 2018 By Upendra Baxi In Comparative Law, Constitutional Law, Editor's Choice, Fundamental Rights, Supreme Court of India

Lynching is not a phenomenon of just one nation or one society. It is universal, multifarious, undemocratic and unjustifiable. It is an act of power which unfolds through indiscriminate violence perpetrated on self-chosen targets by …

Of Law and Politics in Delhi: A Recipe for Contempt of Court

On September 14, 2018 By Pranav Verma In Constitutional Interpretation, Constitutional Law, Cross-Post, Supreme Court of India

The incumbent elected government in Delhi resumed power in 2015 with a conclusive mandate from the electorate. However, three years after being in office, it is still mired in complex and at times acrimonious disagreements …

Long Parade to Freedom: Section 377 and the Queer Movement in India

On September 7, 2018 By and Shweta Rao In Constitutional Interpretation, Discrimination, Equality, Fundamental Rights, Privacy, Supreme Court of India

The history of the queer movement in India has been a history of continuous contestation, redefinition, and re-evaluation, all leading to the altar of the nation’s apex court. Today marks the culmination of a decades-long …

Catch 22: The Treacherous Territory of the Article 35A/Kashmir Quandary

On August 23, 2018 By Siddharth Sunil In Constitutional Law, Equality, Legislative Reform, Supreme Court of India

“There is a tide in the affairs of men (sic), which taken at the flood, leads on to fortune. Omitted, all the voyage of their life is bound in shallows and in miseries. On such …

Tenure of SC Judges getting shorter-Intentional or Incidental?

On August 9, 2018 By Rangin Pallav Tripathy In Supreme Court of India

J. Vineet Saran, J. K.M. Joseph and J. Indira Banerjee were administered oath on 7th August 2018. This set of appointments has been in news for a variety of reasons including the alleged role of …

Three reflections on the s 377 case

On July 18, 2018 By Tarunabh Khaitan In Constitutional Law, Discrimination, Fundamental Rights, Privacy, Supreme Court of India

I recently wrote 3 guest posts for the Indian Constitutional Law and Philosophy blog reflecting on the legal journey of section 377, culminating in the just-concluded hearings in the Supreme Court. In the first post, …

HLS Library Book Talk | Supreme Court of India: The Beginnings

On July 12, 2018 By Mitra Sharafi In Book Review, Supreme Court of India

HLS Library Book Talk | Supreme Court of India: The Beginnings I’m coming at this obliquely, firstly, because I’m a scholar of the colonial period of India’s legal history. And so where I end, George …

Hung Assembly, Governor and the Constitutional Conundrum

On May 18, 2018 By Lovish Garg In Constitutional Law, Supreme Court of India

The Karnataka assembly polls resulted in a fractured mandate with no single party able to secure a majority in the house of 224 seats. While the BJP which emerged as the single largest party fell …