This is a comparative constitutional piece on limits on constitutional amendments. The author, who’s a French national is arguing that France can draw inspiration from India on limitations upon constitutional amendments, as long as they are consistent with the republican framework of the French constitutional identity. The post France, the Republic and limits to constitutionalContinue reading “France, the Republic and limits to constitutional amendments: learning from India.”
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Summary of ‘In Re Article 370 Petitions’- Days 8 and 9- (22nd and 23rd August, 2023)
Summary: In the concluding arguments from the petitioner’s side on Days 8 and 9 of the hearings, the Court witnesses intense discussion on internal sovereignty, the impugned Reorganisation Act, Article 370 as a founding constitutional moments as well as looked to jurisprudence in Pakistan with regard to actions taking away federal power. On Day 8,Continue reading “Summary of ‘In Re Article 370 Petitions’- Days 8 and 9- (22nd and 23rd August, 2023)”
Summary of ‘In Re Article 370 Petitions’- Day 7- (17th August, 2023)
Summary: In Day 7, the arguments revolved around the interpretation of Article 370, especially if after 1957, the route to amend the article through its own provisions stood closed. Senior Advocates Shekhar Naphade and Dinesh Dwivedi also presented their arguments. The Treaty That Became Article 370 and The Berubari Case on Treaties When the BenchContinue reading “Summary of ‘In Re Article 370 Petitions’- Day 7- (17th August, 2023)”
Summary of ‘In Re Article 370 Petitions’- Day 6- (16th August, 2023)
With the aim of enabling our readers to keep up with the Supreme Court of India’s day-to-day hearings for the significant case concerning the abrogation of Article 370, LAOT, in collaboration with the Centre for Constitutional Law, NALSAR is bringing you a concise daily summary of what was argued in the Court. This is theContinue reading “Summary of ‘In Re Article 370 Petitions’- Day 6- (16th August, 2023)”
Call for Applications: Student Analyst at Law and Other Things Blog
The Law and Other Things Blog is opening up applications for the position of Student Analysts for students from law schools all over the country. About the Blog LAOT, India’s oldest public law blog was founded in 2005 by a few enthusiastic, young legal scholars, to blog as well as share posts and articles about India’s constitutionalContinue reading “Call for Applications: Student Analyst at Law and Other Things Blog”
Has India’s post-colonial status shaped the design and operation of the Indian Executive? – Part II
Section III: The Executive and Legislature: It Takes Two to Tango? Dr. K.T. Shah was wary of the aforementioned loose separation of powers, which he believed could be used by the executive to corrupt the house by offering gifts and favours to the members. He proposed adoption of the American Presidential Model for a completeContinue reading “Has India’s post-colonial status shaped the design and operation of the Indian Executive? – Part II”
Has India’s post-colonial status shaped the design and operation of the Indian Executive? – Part I
Introduction The members of the Constituent Assembly of India envisaged the Indian Constitution as a ‘liberal document’. Ironically, the liberal writers of the past, dominant among those, John Stuart Mill, were averse to this extension of freedom to colonial subjects. Indian nationalists soon realized that oppression by liberalism can only be countered through adoption ofContinue reading “Has India’s post-colonial status shaped the design and operation of the Indian Executive? – Part I”
Summary of ‘In Re Article 370 Petitions’- Day 5 (10 August, 2023)
Summary: The arguments for Day 5 continued the thread regarding the special status of the state in light of Article 370, with Sr. Adv. Zaffar Shah concluding his arguments and Sr. Adv Rajeev Dhavan starting his for the petitioners. The Special Case of J&K The arguments on the fifth day of hearings began on accountContinue reading “Summary of ‘In Re Article 370 Petitions’- Day 5 (10 August, 2023)”
Summary of ‘In Re: Article 370 Petitions’- Day 4 (9th August, 2023)
With the aim of enabling our readers to keep up with the Supreme Court of India’s day-to-day hearings for the significant case concerning the abrogation of Article 370, LAOT, in collaboration with the Centre for Constitutional Law, NALSAR is bringing you a concise daily summary of what was argued in the Court. This is theContinue reading “Summary of ‘In Re: Article 370 Petitions’- Day 4 (9th August, 2023)”
Summary of ‘In Re: Article 370 Petitions’- Day 3
On Day 3 of the hearings in ‘In Re: Article 370 petitions’, Sheikh Abdullah, Brexit, the UK, and Executive Power dominated the discussion in the petitions pertaining to the revocation of Article 370. As Sr Adv Kapil Sibal concluded his arguments today, he raised fierce arguments against the executive action of the government and theContinue reading “Summary of ‘In Re: Article 370 Petitions’- Day 3”