In this two-part series, the author analyzes Justice D.Y. Chandrachud’s reasoning while tackling the challenge of Article 17 in the Sabarimala Temple Entry Case (“Sabarimala”). Chandrachud J. took a distinct approach by expanding the scope of Article 17 to include the notions of ‘Purity -Pollution’. Part II critiques an expansive interpretation of Article 17 using the Constituent Assembly Debates. Further, it analyses these debates using Dworkin’s conception of “vague standards” in Constitutional Theory and argues that Chandrachud’s reasoning paved the way for a new form of the ‘non-discrimination’ doctrine, one that lends teeth to the provisions of Article 17 and allows it to attack a wider set of discriminatory practices that find justification in such notions.

The post The Interpretative Scope of Article 17: Chandrachud, J. Breaking the Trend in Sabarimala: Part II appeared first on Law and Other Things.

About LSPR LSPR is an online Law and Policy platform run by Kautilya Society from the National Law School of India University, Bangalore, under the aegis of Vidhi Centre for Legal Policy. We aim to use our legal expertise and analytical skills to present novel arguments on domestic and international issues that affect our daily lives. Our blog has featured guest articles […]

The post <strong><u>Announcing – LSPR’s Queer Column at NLSIU</u></strong> appeared first on Law and Other Things.

A division bench of the Supreme Court recently delivered the much-awaited verdict in the case of Aishat Shifa v. State of Karnataka. It was a split decision, wherein Gupta J. upheld the ban on the wearing of the hijab and the impugned governmental order (“GO”), while Dhulia J. declared the GO unconstitutional for violating Articles […]

The post The Essential Religious Practice Test – The Need For A Well-Deserved Burial appeared first on Law and Other Things.

LAOT Editors-in-Chief, Anushree Verma and Shravani Shendye interview Abhinav Sekhri and Gautam Bhatia on legal writing. Both Abhinav and Gautam run successful blogs – the Proof of Guilt and Indian Constitutional Law and Philosophy, respectively. Our EICs speak to them regarding their journeys with legal writing and advice for students interested in producing legal scholarship.

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In this explainer, our analyst Ishika Garg writes on all the challenges raised against the UAPA in the past in light of the upcoming Supreme Court hearing of a recent petition challenging the constitutional validity of the same along with the arguments pleaded therein. She especially highlights the minimalist approach taken by the Apex Court in adjudicating similar questions of law.

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Given the rise in disputes regarding Hindu and Islamic places of worship, this explainer analyzes the constitutionality of The Places of Worship Act, 1991. It unpacks the arguments related to the cut-off date for application of the Act, questions regarding the Act’s secular character, registrations on the judicial remedy available, and the socio-legal implications of the decision.

The post Explainer: Ashwini Kumar Upadhyay v. Union of India- A challenge to The Places of Worship Act, 1991 appeared first on Law and Other Things.

Michigan Law Review has put out a Call for Papers for its Junior Scholars Conference.

The post Call for Papers: Michigan Junior Scholars Conference appeared first on Law and Other Things.

In this explainer, our analyst Nishka Kapoor writes on the recently released draft of the New Drugs, Medical Devices and Cosmetics Bill, 2022, while analysing the objectives that the Bill seeks to achieve and whether the draft legislation is equipped with the requisite provisions in order to regulate the highly competitive and significantly influential pharmaceutical and cosmetics industries in India.

The post New Drugs, Medical Devices and Cosmetics Bill, 2022: Progressive or Regressive? appeared first on Law and Other Things.

[Ed Note: Over the past couple of months, we have been running a book discussion on Oishik Sircar’s “Violent Modernities: Cultural Lives of Law in New India”. This is the final review by Parthasarathi Muthukkaruppan. The introductory post by Adil Hasan Khan can be found here and the first review in the series by Siddharth […]

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In this episode, our legal editor Eeshan Sonak is in conversation with Shreya Atrey and Gauri Pillai discussing their rewriting of Nergesh Meerza, which dealt with the constitutionality of Air India Employee Service Regulations. So without further delay, let’s dive right in.

The post LAOT Podcasts: #Episode 2.4 – Interview with Shreya Atrey and Gauri Pillai (Rewriting Nergesh Meerza) appeared first on Law and Other Things.