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 the […]
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In the post-lunch session, the Supreme Court continued debating questions of constituent power, the difference between the nature of constituent assembly and legislative assembly, the permanence of Article 370, and the larger interpretation of the provision. Whether ‘constituent assembly’ can be interpreted as ‘legislative assembly. Reading Justice Jaganmohan Reddy’s judgment in the Kesavananda Bharati, Senior […]
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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 the […]
The post Summary of ‘In Re: Article 370 Petitions’- Day 2- Part I appeared first on Law and Other Things.
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 the […]
The post Summary of ‘In Re: Article 370 Petitions’- Day 1 appeared first on Law and Other Things.
In this Introductory Post, Prof. Vasanthi introduces the various issues at hand and underlies the importance of the judgement in understanding not only federalism in India but also the scope for judicial review.
The post The Abrogation of Article 370: Hearings appeared first on Law and Other Things.
This explainer has been written as a part of LAOT’s Legal Writing Mentorship Program, 2023, which details the landmark judgment of the Supreme Court of India on the topic of euthanasia in India. The explainer also incorporates the inclusions made by the Advance Directives to streamline the entire process.
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This two part series examines whether the SC’s decision in the Anoop Baranwal v. Union of India case is in consonance with the judiciary’s role in the Indian model of separation of powers. The authors argue that by attempting to interpret the existing constitutional provision, the Court has overstepped its role and altered the balance between the legal and political constitutionalism required in Indian democracy.
The post Supreme Court’s Latest Exercise of Judicial Overreach: Analysing the Anoop Baranwal Case and its Impact on Constitutionalism in India – Part II appeared first on Law and Other Things.
This two part series examines whether the SC’s decision in the Anoop Baranwal v. Union of India case is in consonance with the judiciary’s role in the Indian model of separation of powers. The authors argue that by attempting to interpret the existing constitutional provision, the Court has overstepped its role and altered the balance between the legal and political constitutionalism required in Indian democracy.
The post Supreme Court’s Latest Exercise of Judicial Overreach: Analysing the Anoop Baranwal Case and its Impact on Constitutionalism in India – Part I appeared first on Law and Other Things.
The Supreme Court held that the current system of appointment of the members of the Election Commission of India (“ECI”) gives power to the executive thereby taking away the independence of the ECI and is therefore unconstitutional.
The post Constitutional Bench Explainer Series: Anoop Baranwal v. Union of India appeared first on Law and Other Things.
In this article, the author shows how the constitutional framework for appointments to the Election Commission of India has permitted the compromise of its independent character. Through this, she posits that the new method of appointment laid down by the Supreme Court inits recent judgment of Anoop Baranwal v. Union of India is an alternative worth exploring, even though its consequences are yet to be witnessed.
The post Erosion of the ECI’s Independence: Supreme Court’s Judgment in Anoop Baranwal as a Welcome Alternative appeared first on Law and Other Things.
