Judgment Analysis – Law and Other Things

Reforming Tribunals

On June 25, 2020 By Vishal Rakhecha In Constitutional Law, Courts, Courts and Constitution, Judgment Analysis, Tribunals

The last panel for the 2nd edition of The Courts & The Constitution focused on the issue of tribunals and the implications of the Rojer Mathew judgment, delivered in November 2019. The panel moderator, Vivek …

Ghost Report in Rafale deal

On December 15, 2018 By Tarunabh Khaitan In Judgment Analysis, Supreme Court of India

This short post analyses the judgement by the Supreme Court of India regarding the Rafale deal and it’s apparent reliance on an allegedly non-existent report.

Religious Denomination – Multiculturalism, Group Rights and the Constitution

On November 5, 2018 By Vivek Anandh In Constitutional Interpretation, Constitutional Law, Discrimination, Equality, Fundamental Rights, Judgment Analysis, Religion, Supreme Court of India, Women's Rights

This post analyses the Supreme Court’s attempt to reconcile its dominant liberalism/individualism based approach towards fundamental rights as against the group right claims under Article 26, in the recent Sabarimala verdict.

Sabarimala and the Essential Religious Practices Test

On October 31, 2018 By Vivek Anandh In Constitutional Interpretation, Constitutional Law, Discrimination, Equality, Fundamental Rights, Judgment Analysis, Supreme Court of India, Women's Rights

In this post, Vivek Anandh thematically analyses the important doctrinal conclusions on the ‘Essential Practices’ test and its discursive impact on the constitutional jurisprudence in the context of the Sabarimala Judgment.

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.

Delhi High Court on Beggary: Law Untangled but not Completely

On September 18, 2018 By Dushyant Thakur In Constitutional Law, Delhi High Court, Discrimination, Editor's Choice, Fundamental Rights, Judgment Analysis, Legislative Reform

The piece analyses the shortcomings in the recent judgment of the Delhi HC which decriminalised begging and further suggests, that the Central Government should come with uniform central legislation which adopts a rehabilitative approach on the issue of begging.

Guest Post: The Perils of Judicial Impulsiveness

On August 19, 2017 By Vasujith Ram In Appointment, Courts, Judgment Analysis

Guest Post by Venkat Iyer To say that there has been an alarming fall in the standards of competence and integrity among judges in India in recent decades would, as an exercise in understatement, be …