Want(s) over Can(s)? Irreversible Changes and Article 370

Summary: This piece criticizes the Supreme Court’s decision supporting the abrogation of Article 370, arguing that it undermines federalism. The Supreme Court (“SC”) handed down a unanimous judgment upholding the abrogation of Art. 370 and the status of Jammu and Kashmir as a union territory. This is a significant finding given that it has implications for […]

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Equality at Crossroads: Constitutional Oversight in Revanasiddappa v. Mallikarjun

Summary: In this piece, our analyst, Aamuktamalyada, deals with the succession rights of children born out of void/voidable marriages.  An important consideration that the courts in India have wrestled with has been the intersection between religious customs and legal reforms in inheritance laws. This tussle recently played out in the context of the inheritance rights […]

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Uniform Civil Code: The History and the Present

This post is part of a series on constitutional and political questions relevant to contemporary times written by Sughosh Joshi, who is working on civic education and engagement. Sughosh also publishes a weekly substack newsletter called ‘In the Matter of the Republic’, you can check it out here and subscribe to it for regular updates. The […]

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Lately in Public Law | January’24-II  

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. Aadi Belhe and Sarthak Agarwal, Barren Land: Frequent crashes and uncertain recourse Part I and II (This article argues that in case […]

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Explainer: Aligarh Muslim University Through its Registrar Faizan Mustafa v Naresh Agarwal – Part I

Summary: In this post, our analyst, Aditi Bhojnagarwala, analyses the key provisions and judgements surrounding the Supreme Court’s recent hearings on Aligarh Muslim University’s (“AMU“) minority status. This article focuses on the jurisprudence on Article 30(1), specifically explaining the Azeez Basha case and its significance to the current proceedings. The next part of this article deals […]

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Explainer: Aligarh Muslim University Through its Registrar Faizan Mustafa v Naresh Agarwal – Part II

Summary: In this article, the arguments raised by the Petitioners and Respondents are summarized. The key contention here continues to remain whether AMU was both established, and administered by the Muslim minority. The first part of this piece dealt with the historical context and important precedents on this issue. Supreme Court hearings in the current […]

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Barren Land: Frequent crashes and uncertain recourse- Part II

Summary: In this article it is argued that public law remedies are unlikely to provide any relief to persons aggrieved by loss caused due to crashes of State-owned airborne objects. The first part of this piece dealt with the futility of seeking compensation through private law remedies. Introduction In the first part we had argued […]

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Barren Land: Frequent crashes and uncertain recourse – Part I

Summary: This article argues that in case loss to property is suffered by a person due to a crash involving a State-owned airborne object then such a victim will be hard pressed to obtain compensation in private law. The next part of this article deals with public law remedies.   Introduction  In recent years there […]

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Narcotics and Reverse Onus Clauses: Arguing for the Presumption of Innocence under the NDPS Act

  Summary: In this article, the author argues against reverse onus clauses, both theoretically and pragmatically to establish that such clauses lead to some unimagined and undesirable consequences which do not actually reach the identified goals of these stringent special laws.  Introduction The presumption of innocence (‘POI’) is one of the fundamental principles of procedural criminal law, […]

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Lately in Public Law | January’24-I

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 The Law and Other Things Team will be hosting the Courts and the Constitution Conference, 2024 on March 30-31 in collaboration with its […]

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