By Stella James The language problem Hidden in the north-western corner of Odisha, between the districts of Keonjhar and Sundergarh lies the Khandadhar: a gorgeous hill range home to thick forests, Odisha’s highest waterfall, and to iron ore mines. Going to the Khandadhar is a remarkable experience. One moves from dusty, broken roads with … Continue reading Returning to the Communities’ Table
By Atharv Gupta Even former Supreme Court (‘SC’) Judges feel that uncertainty continues to exist during the sentencing phase in death penalty cases. In this post, I shall argue that the application of the ‘criminal test’ in its current form is highly unjust. I will further argue that as a first step towards evolving guidelines … Continue reading Capital Sentencing and Execution Impact Evidence in India
by Abhijeet Singh Rawaley Background In Rajesh Sharma & Ors. v. State of Uttar Pradesh & Anr., a division bench of the Supreme Court of India, comprising Justices A. K. Goel and U. U. Lalit, was asked “whether any directions… [were] called for to prevent the misuse of Section 498A, IPC.” The provision is intended … Continue reading Has the ‘new’ S. 498A IPC Become Cruel to Women?
by Vasujith Ram In paragraph 160 of the judgment striking down the National Judicial Appointments Commission as unconstitutional, Justice Khehar writes: “A little personal research, resulted in the revelation of the concept of the “legitimate power of reciprocity”, debated by Bertram Raven in his article – “The Bases of Power and the Power/Interaction Model of … Continue reading A Little (Less) Research?
Prof. Tom Ginsburg is the Leo Spitz Professor of International Law and Deputy Dean at the University of Chicago Law School as well as a Professor of Political Science at the University. He is a prominent scholar of comparative and international and has authored or edited several books, including Judicial Review in New Democracies: Constitutional Courts in … Continue reading Conversation with Prof. Tom Ginsburg, Professor and Deputy Dean at the UChicago Law School
Prof. Nandini Sundar is a Professor of Sociology at the Delhi University. She was one of the lead petitioners in the well-known case of Nandini Sundar v. State of Chattisgarh (WP (C) 250 of 2007). She won the prestigious Infosys Prize in 2010 for her contributions to social sciences. She has several publications to her credit and … Continue reading Conversation with Prof. Nandini Sundar, Professor of Sociology at DU
(Admin's Note: This post was previously published as an Editorial Note in the Monsoon Issue of Volume 4 of JILS, highlighting the decline in the respect for the unwritten rules and the spirit of the Constitution among the political class. It is written by Shambo Nandy, an Advocate practicing in Delhi, and Vasujith Ram, the … Continue reading The Political Class and the Decline of Constitutional Morality
by Abhinav Chandrachud On December 9, 2013, the Department-Related Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice (hereinafter, “Standing Committee”), submitted its report on the Judicial Appointments Commission Bill, 2013, to both Houses of Parliament.[i] In this blog post, I will discuss some interesting recommendations contained in the Standing Committee’s report. In particular, … Continue reading The Judicial Appointments Commission: A Delicate Balance
by Raju Ramachandran For students of constitutional law, the “gay rights” judgment is deeply disappointing. For a judgment that was in the making for over twenty months, it leaves one with a feeling that it has been “hurried through.” For all its length, there is no detailed reasoning for overturning the High Court judgment. Let … Continue reading The Sentinel Who Will Not Protect
by Vasujith Ram The Rajya Sabha has recently passed the 120th Constitution Amendment Bill and the Judicial Appointments Commission Bill. The bills are up for consideration in the Lok Sabha and may be passed soon. They seek to replace the present collegium system for appointment of Judges to the higher Judiciary with a Judicial Appointments … Continue reading Judicial Appointments Commission: Who will Guard the Guardians?