One can see, therefore, in this judgment, the limits of transformative constitutionalism when it comes to the private sphere, limits that are articulated in the Court’s hesitation to tamper too greatly with the legal regime of property. This is notable, especially because in other contexts, the...
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Yesterday, a two-judge bench of the Supreme Court issued notice and referred to a larger bench the case ofAmar Singh vs Union of India. Amar Singh was expelled from the Samajwadi Party in December, and was designated an “unattached member” in the Rajya Sabha. In his petition, he argued...
The Executive does not merely make policies and direct the armed forces and ancillary bodies. It also frames legislation which when enacted may have severe and pervasive impact on the freedom of individuals and the well-being of communities. Most obviously in relation to terrorism, successive ...
One notes a subtle – but unmistakable – shift in the Appellants’ arguments from the Court of Appeal (and indeed, in response to the Court of Appeal’s judgment(s)). In the Court of Appeal, it was straightforwardly argued that Articles 255 – 257 provided a self-contained code that ...
the People: Public Interest Litigation in Post Emergency India,” is an important and unique piece of work, in that it questions not merely the judiciary’s abuse of the PIL power, but also the very conferment of the PIL jurisdiction on the high courts and the Supreme Court of India. Bhuw...