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 complete […]

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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 of […]

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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 account […]

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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 the […]

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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 the […]

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Summary of ‘In Re: Article 370 Petitions’- Day 2- Part II

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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Summary of ‘In Re: Article 370 Petitions’- Day 2- Part I

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 […]

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Summary of ‘In Re: Article 370 Petitions’- Day 1

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 […]

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Constitutional Bench Explainer Series: Common Cause v Union of India

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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