Blog of the International Journal of Constitutional Law

Tag: Supreme Court of India

  • Special Undergraduate Series–Using International Law in Indian Constitutional Adjudication

    Special Series: Perspectives from Undergraduate Law Students LL.B. Student Contribution –Shubhangi Agarwalla, B.A., LL.B. Student (Hons.), National Law University, Delhi Since the late 1970s, the Supreme Court has, on the basis of Article 51 of the Constitution of India, started articulating a sense of obligation towards applying international law in its decisions.

  • Giving Life Back to Liberty in India: Unique Identification and Beyond (I-CONnect Column)

    —Menaka Guruswamy, B.R Ambedkar Research Scholar and Lecturer in Law, Columbia Law School and Advocate, Supreme Court of India Child rights activist and Ramon Magsaysay awardee Shanta Sinha has spent much of her life fighting the good fight. When she realised that many of the poorest of the poor in India could not access social welfare benefits like ‘mid-day meals’ without an Aadhar or Unique Identification Number (UID), she decided to challenge the constitutionality of such a governmental measure.

  • A Secular Theocratic Constitutional Court? (I-CONnect Column)

    —Menaka Guruswamy, Fellow, Wissenschaftskolleg zu Berlin and Advocate, Supreme Court of India [Editor’s note: This is one of our biweekly I-CONnect columns. Columns, while scholarly in accordance with the tone of the blog and about the same length as a normal blog post, are a bit more “op-ed” in nature than standard posts.

  • The Right to Enter Places of Worship: When God is Neutral, is Gender Discrimination Justified?

    —Radhika Agarwal and Devika Agarwal, Research Associates at the Indian Institute of Technology, Madras, India “God does not discriminate between men and women, so why should there be gender discrimination in the premises of the temple?” The Supreme Court of India posed a pertinent question to the Travancore Devaswom Board, while hearing a recently-filed petition on the constitutional right of women to enter the Sabarimala Temple in the Indian state of Kerala.

  • Judicial Appointments in the Commonwealth: Is India Bucking the Trend?

    Cross-posted with permission from the UK Constitutional Law Association Blog. The original post appears here. –Dr Jan van Zyl Smit, Associate Senior Research Fellow, Bingham Centre for the Rule of Law at the British Institute of International and Comparative Law In recent years many Commonwealth states have adopted, or at least debated, reforms to their legal frameworks for the appointment of judges. 

  • South Asian Constitutional Convergence Revisited: Pakistan and the Basic Structure Doctrine

    —Majid Rizvi, Ph.D. Candidate, School of Law, University of Edinburgh In a contribution published on I.CONnect in January 2010, Richard Albert observed that the Supreme Court of Pakistan, in what was at the time a recent landmark judgment, seemed to be endorsing a view that closely approximates what is known in Indian public law as the ‘basic structure doctrine’.[1]

  • Indian Supreme Court Rules on Bureaucratic Independence

    –Nick Robinson, Fellow, Program on the Legal Profession, Harvard Law School [cross-posted from Law and Other Things] Last week saw the Supreme Court decide T.S.R. Subramanian vs. Union of India. The judgment, involving the independence of the bureaucracy, is arguably the latest in a fascinating line of jurisprudence from the Court over the last decade and a half attempting to insulate parts of the government from politicians (Prakash Singh laid down a set of orders intended to sure up the independence of the police, Vineet Narrain to increase the independence of the central bureau of intelligence (CBI)).

  • Jurist’s Prudence: The Indian Supreme Court’s response to institutional challenges

    —Rohit De, University of Cambridge On 12th September, 2012, the Supreme Court of India in the case of Namit Sharma v Union of India, ruled on a constitutional challenge to the new Information Commissions set up under the Right to Information Act.