Legislation Analysis – Law and Other Things

Yet another creation of crime!

On February 15, 2019 By Aditya Saraswat and Anmol Jain In Discrimination, Fundamental Rights, Karnataka High Court, Legislation Analysis, Legislative Reform, Privacy, Supreme Court of India

This post discusses the approach in the Lok Sabha from regulating commercial surrogacy to criminalizing it and how such transition is in conflict with the guaranteed rights.

Understanding the Sabarimala Verdict- Part I

On October 15, 2018 By Bhavisha Sharma and Chittkrishna Thakkar In Constitutional Interpretation, Discrimination, Equality, Fundamental Rights, Legislation Analysis, Supreme Court of India, Women's Rights

This post is the first part of a three part series deconstructing the Sabrimala Verdict which opened the gates of temple to women devotees.

How Far Does The 2018 Indian Arbitration Bill Go In Realizing The Vision Of Srikrishna Committee?

On September 29, 2018 By Parimal Kashyap and Kishan Gupta In Legislation Analysis

This blog post outlines the potential impacts of divergence in the recent 2018 Indian Arbitration Bill passed by the Lower House of the Parliament from the recommendations of a High-Level Committee constituted by the government.

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 …

Ghost Provisions: Who Will Exorcise Them Out?

On September 4, 2018 By Badrinath Srinivasan In Legislation Analysis, Legislative Reform

There are some provisions in our statutes that have absolutely no reason for them to be there or for them to be drafted the way they are. This post terms such provisions as “ghost provisions”. …

‘I decide who I am’ : The Self-Identification Question in The Transgender Persons (Protection of Rights) Bill, 2016

On June 20, 2018 By Mihika Poddar In Comparative Law, Constitutional Law, Discrimination, Equality, Legislation Analysis, Privacy

The Transgender Persons (Protection of Rights) Bill, 2016 (‘the Bill’), has failed the transgender community, and severely waters down the guarantees of the NALSA judgement. (Its several critiques can be found here and here). One …