Contrary to popular belief, there is no litigation explosion. The data from the courts themselves suggests that fewer civil cases are being filed while criminal cases have been steadily increasing...
Law and Society
courts have yet not recognised the “right to be forgotten” under Indian law. However, there are good reasons to have one’s name dissociated from public records in the interests of privacy and similar...
Judicial review of executive action is an essential aspect of the system of checks and balances in a constitutional democracy. The United States President Donald Trump’s reaction to the judiciary...
Five high courts across India have uniformly held that women employees who have children through surrogacy would be entitled to maternity benefits in accordance with the rules. How they have arrived...
By issuing a contempt notice to Justice Markandey Katju for his over-the-top criticism of its judgment, in the manner that it did, the Supreme Court has only diminished its institutional dignity...
The demand for reservations in jobs and education being made by agitating "middle castes" overturns the logic of affirmative action on its head. Instead of addressing historic discrimination, it is...
Across India, high courts are interpreting Article 21 of the Constitution to give depth and detail to the “inner” aspects of the right to life, namely, the right to privacy and to make one’s own...
The Supreme Court's judgment in the Singur land acquisition case reflects two parallel strands of thinking that have informed its land acquisition jurisprudence: the state's model of "development"...
While the union government repeatedly emphasises its commitment to “cooperative federalism,” its role in the destabilisation of, and interference in, opposition-ruled governments in Arunachal Pradesh...
Given the abusive behaviour, harassment and stalking women face from men on the internet, there is a need to take appropriate measures to address this. While the laws criminalise such behaviour,...
The necessity or otherwise of a uniform civil code cannot be debated in the absence of a coherent conception of what the UCC will be and what it will do. Although it has urged the government to enact...
The Maharashtra law prohibiting social boycotts is a progressive one, protecting people from social hierarchies that are trying to punish them for transgressing regressive social mores. Since an...
Merely enacting laws, however well-intentioned, to overcome social evils in a society will fail if these laws are not implemented. Two instances are legislation relating to prenatal diagnostics and...
For those who are aware of the true state of India’s legal profession, the mobs of lawyers attacking Jawaharlal Nehru University Students’ Union President Kanhaiya Kumar within the premises of the...
Systemic discrimination is not just a feature of institutions of higher learning but seems to be pervading the higher judiciary as well.