Tag: Indian Supreme Court
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The Indian Constitution through the Lens of Power – VI: Rights
—Gautam Bhatia, Advocate, New Delhi, and independent legal scholar [Editor’s Note: This is one of our ICONnect columns. For more on our 2023 columnists, see here.] The previous five posts in this series have examined the Indian Constitution as a terrain of contestation around five axes of power: federalism, legislative/executive relations, pluralism, guarantor institutions, and…
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The Indian Constitution through the Lens of Power – V: The People
—Gautam Bhatia, Advocate, New Delhi, and independent legal scholar [Editor’s Note: This is one of our ICONnect columns. For more on our 2023 columnists, see here.] The previous four posts in this series have examined the Indian Constitution as a terrain of contestation around three axes of power: federalism, legislative/executive relations, pluralism, and guarantor institutions.
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The Indian Constitution through the Lens of Power – IV: Guarantor Institutions
—Gautam Bhatia, Advocate, New Delhi, and independent legal scholar [Editor’s Note: This is one of our ICONnect columns. For more on our 2023 columnists, see here.] The previous three posts in this series have examined the Indian Constitution as a terrain of contestation around three axes of power: federalism, legislative/executive relations, and pluralism.
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The Indian Constitution through the Lens of Power – III: Asymmetric Federalism
—Gautam Bhatia, Advocate, New Delhi and independent legal scholar [Editor’s Note: This is one of our ICONnect columns. For more on our 2023 columnists, see here.] In my previous two columns, I examined the Indian Constitution as a terrain of contestation across two axes of power: the centre-state [“federal”] axis, and the legislature-executive [“parliamentary”] axis.
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The Indian Constitution through the Lens of Power – II: The Legislature and the Executive
—Gautam Bhatia, Advocate, New Delhi and independent legal scholar [Editor’s Note: This is one of our ICONnect columns. For more on our 2023 columnists, see here.] In the opening post of this series, I proposed an approach to the Indian Constitution that views it as a terrain of contestation between different – and opposed –…
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The Indian Constitution through the Lens of Power – I: The Union and the States
—Gautam Bhatia, Advocate, New Delhi and independent legal scholar [Editor’s Note: This is one of our ICONnect columns. For more on our 2023 columnists, see here.] In his book, Latin American Constitutionalism, Roberto Gargarella calls upon scholars of constitutional law to focus upon the “engine room” of the Constitution: i.e.,
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Hijab Ban Case: Constitutional Questions before the Indian Supreme Court
–Ashish Goel, Advocate, Supreme Court of India Earlier this year, a three-judge Bench of the Karnataka High Court (HC) decided that female Muslim students have no fundamental right to wear a headscarf inside government schools. Given the manner in which the Petitioners put forth their arguments and given the dominance that the ‘essential religious practices’…
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Indian Anti-Conversion Laws Have No Place in a Constitutional Democracy
—Kruthika R, LLM Student in Human Rights, Central European University, Vienna Three federal states in India have passed laws that criminalise religious conversion for marriage without a prior state permission. And mandates a cumbersome procedure to obtain permission from the state to convert to another religion for marriage.
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The Indian Supreme Court and the Deportation of Rohingya Refugees: Constitutional Review and the Prospect of Success
–Debarshi Chakraborty, B.A. LL.B. (Hons.) Candidate, National Law University Odisha, India Despite efforts on the international front – the International Criminal Court had initiated an investigation into Myanmar’s forced deportation of Rohingya and the International Court of Justice imposed provisional measures for preventing genocide – the situation in Myanmar remains precarious for the Rohingya community.