This article emphasizes that the core of the Electoral bond judgment lies not merely in election reform but in reinforcing equal access to political processes, a foundational aspect of Representative Democracy. The analysis draws on John Hart Ely’s framework for judicial review, which promotes the safeguarding of minority interests and ensuring fairness in political representation. This judicial approach underscores a broader concern for preserving democratic integrity through process-oriented review, ensuring equal participation and preventing the distortion of political systems by entrenched interests.

The post Preserving democratic integrity: Analyzing Electoral Bonds judgment in light of Ely’s Judicial Review Framework Part-I appeared first on Law and Other Things.

  This blog post replies to Sarthak Sahoo’s claim against intellectual bias as a ground of recusal. The author provides a rejoinder to his arguments while simultaneously revisiting his earlier understanding and interpretation of the prevalent intellectual prejudices within the Indian judicial system. Bias and prejudice, rarely are overt, conscious or deliberate but instead are […]

The post A Case for Intellectual Bias as A Ground For Recusal: A Rejoiner to Sarthak Sahoo’s Claim Against Judicial Disqualification appeared first on Law and Other Things.

Several High Courts have granted prisoners the right to procreate with their spouse, including it within the ambit of “personal liberty.” The article analyzes such jurisprudence as detrimental to the rights of prisoners’ spouses due to the lack of clarity on its nature and scope. It argues on the manifestly arbitrary nature of such expansion, […]

The post Hear The Other Side: Critiquing Prisoner’s Right to Procreate From The Spouse’s Perspective – Part I appeared first on Law and Other Things.

Several High Courts have granted prisoners the right to procreate with their spouse, including it within the ambit of “personal liberty.” The article analyzes such jurisprudence as detrimental to the rights of prisoners’ spouses due to the lack of clarity on its nature and scope. It argues on the manifestly arbitrary nature of such expansion, […]

The post Hear The Other Side: Critiquing Prisoner’s Right To Procreate From The Spouse’s Perspective – Part II appeared first on Law and Other Things.

Tuvalu, a small Pacific ocean island nation, has declared that its existence shall continue as a Digital Nation as climate change threatens to drown its land. In this piece, our analyst explores the legal backing for this decision specifically in light of the requirements under the international Montevideo Convention, which sets the standard for how states are defined today.

The post Tuvalu: A Sinking Definition of Floating Statehood appeared first on Law and Other Things.

  In this episode, we had the pleasure of sitting down with Rahul Matthan, founding partner at Trilegal and head of their TMT practice, for an insightful conversation about his latest book, The Third Way. Hosted by Saranya Ravindran, Bharati Challa, and Sohina Pawah from Law and Other Things (LAOT), the interview dives into the […]

The post LAOT Podcast #6: The Third Way: In Conversation with Rahul Matthan appeared first on Law and Other Things.

A fortnightly feature inspired by I-CONnect’s weekly “What’s New in Public Law” feature that addresses the lacuna of a one-stop-shop public law newsletter in the Indian legal space. What’s New at LAOT 1. Talha Abdul Rahman, India’s Communal Constitution: Response by Talha Abdul Rahman (as part of the book discussion on Prof. Mathew John’s latest […]

The post Lately in Public Law I August’24 – II appeared first on Law and Other Things.

The article examines the ongoing difficulties in appointing DGPs in India, with a focus on the worrying trend of State governments violating Supreme Court orders aimed at ensuring a stable and merit-based selection process. Many states continue to select acting DGPs, weakening the integrity of police forces, notwithstanding the historic ruling in Prakash Singh v. Union of India and subsequent decisions meant to promote accountability and reduce political influence. The piece explores the nature of federalism, the role and makeup of State Police Boards, and the necessity for greater Center-State cooperation to protect the rule of law. In order to finally accomplish significant police reform in India, it promotes enhancing dialogue and encouraging reforms that are people-centric.

The post Appointment of DGP, from UPSC to the State Police Boards: A Federal Tightrope appeared first on Law and Other Things.

The article deals with the constitutionality of appointments to the Election Commision as well as the recent executive interference and its impact on the independence of the institution. A vaccum of legislative regulation and resulting judicial pronouncements have been recalled to reflect upon the need for an unbiased system of appointments to the EC.

The post The Election Commission or the ‘Elected’ Commission? appeared first on Law and Other Things.

This blog deals with the Supreme Court’s precedent in Bar of Indian Lawyers v. DK Gandhi which exempted lawyers from the applicability of the Consumer Protection Act, 1986. It critiques the concurring opinion of Justice Mittal through the lens of judicial cosmopolitanism.

The post Lawyers’ Exemption from the Consumer Protection Act: A Misadventure in “Judicial Cosmopolitanism”? appeared first on Law and Other Things.