Constitutional Law, Human Rights, Gender & Law, Memes. Associate Professor
@NLSIUofficial
, Chair Professor (Incharge) M. K. Nambyar Chair on Constitutional Law.
Professional Update: Yesterday was my last day at NLU, Delhi. Joined today as Associate Professor
@NLSIUofficial
. Excited to be back for my third stint at NLS!
What's the German word for when you sit down to complete long pending work, but the government does a shock and awe on centuries old criminal laws and now you have to shift focus to this new stuff?
Before filing a SLP, did they bother to read Article 136? Is an oral observation by a HC a 'judgment, decree, determination, sentence or order'? I hope the court imposes costs. Better still agrees with the HC, and directs filing of FIR against key officials of the EC.
Breaking: Election Commission Moves Supreme Court Against Madras High Court's Observation that
"Election Commission Singularly Responsible For
#COVID
Second Wave; Officers Should Probably Be Booked For Murder"
@ECISVEEP
Oh! Happy to have been cited in such a consequential judgment! Very, very happy that judges are starting to take the proportionality test seriously. If they are consistent, at the least, they'll have to ask more searching questions from the state than they usually do!
Looks like our book is out in the world!! A quantitative study of the Supreme Court of India, with
@skalantry
and William Hubbard. Published by the good folks at
@PenguinIndia
Grab your copy today!
I have a theory, which I will try and prove empirically one day - that when a judge refuses to look at foreign precedents on a point, they will rule against the party making that point...
Justice Gupta : How can we compare USA and Canada with India? We are a conservative society.
Kamat : Let good thoughts come from everywhere, as the Vedas say.
J Gupta : Their judgments is based on their society,their culture, we can't totally follow.
#Hijab
#SupremeCourt
Apart from everything else wrong with this statement, there are approx 15 million abortions in India annually. That's roughly 1/3 of all pregnancies. Right to abortion is *really* a concern in India, more so access to safe and comprehensive abortion care!
CJI Ramana: The issue of sex before marriage is not that serious in India. There are negligible instances where we can look at it. That's why I think the right to abortion is not really a concern in India.
I happened to be reading Justice Ramana's judgment in the Anuradha Bhasin (Kashmir internet shutdown) case, & was stuck by the parallels between his judicial approach and his approach to his role as CJI - make (almost) all the right noises, but don't take any meaningful action!
OK, but are we sure this isn't just a group of law students trolling the SC and the AG, and we live in such strange times that no one is realising it? That these are all tongue in cheek petitions and the AG is just falling for it? No?
Am I the only one who thinks that the entire point of the SBI delay tactic was to get a clarification from the court that SBI does not have to disclose correlated data?
5-0 upholding the abrogation. Part dissent on Article 3. Many paras on democracy. 'Diamond hard, diamond bright' hope that elections will happen soon. At least one judgment will begin or end with 'Gar firdaus, ruhe zamin ast, hamin asto, hamin asto, hamin ast.'
Just cancelled my flight tickets to Lisbon for LSA. 2nd trip to Europe cancelled this month due to visa delays. Oh, for a world without restrictive border regimes (or a passport that doesn't require visas to travel just about anywhere)! 1st world in 3rd world problems, but still!
Yes, 'Milord'. And that should let your lordships know what the Indian judiciary has been reduced to (because of your own (in)actions as much as by the actions of the powers that be).
Sibal: this shouldn’t mean in other states bulldozing happens
J Rao: you’re bringing to our notice what happened some time back, & your apprehension is what will happen. Once we have passed orders in one case you still think something will happen?
#SupremeCourt
#Jahangirpuri
Look what came in the post today!! A volume on equality law in times of crisis, eidted by Shreya Atrey and Sandra Fredman
@OxHRH
. My chapter in the book looks at the absence of group inequality considerations in the Indian Supreme Court's socio economic rights jurisprudence.
Our intro to a Special Issue of the Indian Law Review on the Indian Feminist Judgments project is now out with free access! Guest edited by
@inabluehouse
, Rachna Chaudhary & yours truly, and carrying a set of six re-written judgments & commentaries
Some of us put together this brief on why the hijab ban is unlawful and unconstitutional. We argue that the GO is unlawful for being arbitrary, exhibiting non application of mind, and not being in consonance with the Karnataka Education Act under which it was issued (1)
Research brief: Prohibiting Hijab in Educational Institutions: A Constitutional Assessment
By Farrah Ahmed, Mohsin Alan Bhat,
@ataparnachandra
,
@raunaqjaiswal
, Gauri Pillai, Faiza Rahman, Rishika Sahgal, John Sebastian,
@asurendranath
Link to full doc:
My take on the SC abortion decision. Tl;dr: fantastic judgment that extends our constitutional vocabulary and provides legal armour for many reproductive justice challenges within and outside courts. (1/3)
The
#SupremeCourt
decision on
#abortion
for unmarried women in
#India
, provides ammo to challenge MTP Act, Surrogacy Act, marital rape exemption, ART Act etc, but
@ataparnachandra
writes, abortion access will be limited without decriminalization.
So much work to do today, but can't tear myself away from this live streaming! So amazing to see friends, classmates, professors (!!) up front before the court!
In class yesterday, a student said that PILs are like 'superhero justice.' Led to an interesting discussion on working outside procedural constraints, individualizing justice vs. structural change, saviour complex etc. Is there any writing on this that I can send to my class?
This calls for constitutional reform. We should create a branch of state independent of the executive, that can hold the executive to account for indiscriminate arrests, provide bail on time, and ensure that the crim. justice system upholds rather than subverts liberty.
"In our criminal justice system, the process is the punishment. From hasty indiscriminate arrests to difficulty in obtaining bail, the process leading to prolonged incarceration of undertrials need urgent attention" : Chief Justice of India NV Ramana.
Umm... yes? Anything in the original constitution is above the basic structure test. That test does not apply to the original constitution, only to amendments. What does this question even mean? What am I missing?
In the
#Article370
hearings yesterday, CJI Chandrachud asked ‘If 370 is beyond the reach of amendment, is it above basic structure?”
Senior Advocate Kapil Sibal began rejoinder arguments and will continue today. Hearings are expected to conclude today.
Justice Gupta asks if there is any precedent of Court relying upon Constituent Assembly Debates to interpret Constitution.
Justice Dhulia says in the NJAC case, CAD speeches were referred to.
Dave adds that in Puttaswamy case as well, debates were referred.
#SupremeCourt
The problem with Gautam is that he is so slow in his writing;) This book would've helped so much in July, when I was arguing to my con law class that courts+rights is not the only or the most imp. protection against autocracy. Do better, Gautam. And read this imp. book, you all!
So far we have ensured that nobody in the country was left without oxygen: SG Mehta
Court points out Jaipur Golden.
It has to be examined whether it was oxygen or something else. But I take it as it is : SG Mehta
Almost exactly a year ago, this is what the CJI said in permitting abortion for an adult woman who was then 25 weeks pregnant, through consensual intercourse, where the foetus had no anomalies: (1/n)
SC asks the woman to reconsider her decision & carry the pregnancy for a few more weeks so that the child isn't born with physical & mental deformities.
"We can't kill the child...There are rights of an unborn child too," says the
#CJI
, fixing the next hearing tomorrow.
Supreme Court’s Artificial Intelligence Committee is organising an event for the launch of AI portal SUPACE in
#SupremeCourt
today at 5.00 pm.
The SUPACE will be launched by CJI SA Bobde, in the presence of Justice Nageswara Rao.
#SUPACE
#SupremeCourt
So great to see law students from across universities come together to counter the Bar Council of India ludicrous resolution! Such a sharp and thoughtful response. Hope (against hope) that the powers that be take notice and that lawyers too stand up to the BCI!
It's out! Student groups from 36 Indian law schools collectively condemn and stand in solidarity against the BCI's regressive, ignorant, and harmful Resolution on marriage equality.
#LawStudentsAgainstBCI
Links & more below!
Aparna Chandra forensically dissects the Indian Supreme Court's application of the proportionality test to convincingly demonstrate that it is a bridge to nowhere!
The Chief Justice and Deputy Chief Justice of Kenya spoke to my constitutional law class today. We'll be discussing a couple of their judgments (BBI and Wamwere) in my class soon, so it was especially great to here about these cases from them directly!
Looks like our book is out in the world!! A quantitative study of the Supreme Court of India, with
@skalantry
and William Hubbard. Published by the good folks at
@PenguinIndia
Grab your copy today!
20 years to the day since we started law school, and
@twitatreyee
and I are once again sitting here, listening to our then Legal Methods Prof. (now Vice Chancellor), albeit in a faculty retreat this time!
I spent time in Delhi HC a few years ago, and had a list of 'courtisms' with note to self to never use in or out of court. E.g. :'What has fallen from your lordships', 'Last hearing, I was on my legs', 'My learned friend' (said with utter disdain for learning and friendship!)
"spirited defense" of one's (alleged) clients - is that a testimonial or a crime? In either case, hope this or any other Gautam Bhatia is not persecuted for doing their job well!
In another life, I was a student editor of this journal. What was then a fledgling journal has grown significantly in stature and coverage, and is a great place to publish socio-legal scholarship. Please consider writing for the Socio-legal Review.
We are now accepting submissions for Volume 20(1) of the Socio-Legal Review. SLR is a peer-reviewed, bi-annual journal that encourages interdisciplinary research at the intersection of law and social sciences. Deadline: 31 Jan '24. To submit, visit
I've had the privilege of advising
@surbhi_karwa
on her Master's thesis. She is brilliant, committed, and incredibly hardworking. Do support her if you can. She will make her mark regardless of whether she gets to Oxford. But the BCL will definitely amplify her abilities.
What will these judges hold anyone else in contempt for? They are doing a fine job of holding the court itself in contempt. They seem to have no respect for the court's role within the constitution, for what rights mean, and what judicial review is for. Shameful. Enraging!
FOR SHAME JUSTICE RITU RAJ AWASTHI
I'm sorry, this is horrific. You want to say this is contempt of court, go ahead. But what you are doing right now is a travesty of justice and shows zero understanding of law & fundamental rights.
"Matter of few days only" it seems. Pathetic
I am one of the
@ICONnect_blog
columnists for 2024. In my first column, The Role of a Judge in an Electoral Autocracy, I write about the role that courts can play in preventing autocratic entrenchment, with a specific focus on non-constitutional cases. Do give it a read!
An updated 5-acres-of-land version of this jgdmt would be the SC saying electoral bonds scheme is fine but executive should set up an 'independent' committee (bunge in cji or someone from EC) which will recieve funding info in sealed cover. Who cares about voter's right to know?
As the Supreme Court starts hearing the electoral bonds case, let's look at one of the most fascinating early cases on the business-politics relationship in India. It involves a Tata company, the Congress Party, a shareholder, HM Seervai, a future law minister, and CJ Chagla. 1/n
Very excited for this! Has the potential to be a gamechanger for
@NLSIUofficial
and (if we can deliver on our aspirations for this programme) for legal education in India.
Viability is a dangerous line to draw! With scientific advancement, viability will also advance, & the abortion rights will get further restricted. Indian law has so far not recognized rights of an unborn foetus. It has however recognized the rights of a living breathing woman.
CJI: cost will be borne by you
ASG; yes the state will go out of its way to sustain the child and the state has a legitimate interest in this
Petitioner lawyer: she came to delhi in 2017 and on december 3. she got married and settled.. she delivered first child by c section on
@ANNVYSHINSKY
Not many people know but the secret of young skin is to read a lot of long judgments of supreme courts in India, Bangladesh and Pakistan.
Out now!! A double feature in WCL with our symposium on the Indian Feminist Judgments Project and a Martha Gayoye led symposium on gendered constitutionalism in the Global South. (1 /n)
Not one, but TWO symposia on feminist legal scholarship from the Global South?!
Yes, that's right: We proudly present our latest issue 1/23, with a stellar group of authors, two symposia - and with the amazing news that we are now fully open access 🎉
@NLSIUofficial
has advertised for 42 positions at all levels across law and other social science disciplines. *Early Career Scholars* (with a Masters, but without NET/PhD) can also apply for contractual positions. Please apply/share in your networks!
'Lessons from my breakups' also captures the theme of my book. It is a data driven account of my heartbreak over the functioning of the Supreme Court. Do give it a read, whether in a day or otherwise!
Excited to be discussing our
@PenguinIndia
book 'Court on Trial' with this steller panel
@JaipurLitFest
this coming weekend. Please drop by our session if you are around!
NLSIU VC Dr. Sudhir Krishnaswamy and NLS faculty member Dr. Aparna Chandra (
@ataparnachandra
) will be speaking at the Bangalore Lit Fest 2023 tomorrow at 12 noon!
Topic: Not Above the Law: Courts and the Constitution
Venue: The Lalit Ashok, Bengaluru
Applications to the 3 year LLB (Hons.) at National Law School are now open! Please apply/spread the word! For those who are interested in knowing more, we have an online info session on Jan 21. For details see
@NLSIUofficial
Haha, reminds me of my first year law students last term when they learnt about per incuriam. For the rest of the term, their analysis of every case we did was, 'isn't this per incuriam?'
To be fair, we were studying cases on fundamental rights, so they were mostly right...
A much beloved professor and a passionate advocate for the constitution. Rest in peace, Prof. Mallar. You have left behind a strong legacy and some very big shoes to fill!
It’s ironic that on the anniversary of Keshavananda Bharati’s decision I received the heartbreaking news that our dearest constitutional law professor VS Mallar, who taught our class that case, was martyred by covid! Yet to meet a gentler, warmer & more compassionate human being!
Our 1st event at the M.K.Nambiar Chair on Constitutional Law (NLSIU) is the M.K. Nambiar Annual Lecture, delivered by Prof. Sudipta Kaviraj on 'Genealogy of the Constitution: On the Originality of Indian Political Thought'. Prof. Rinku Lamba will moderate. Nov 17
@bicblr
. More 👇🏾
Bangalore folks, delighted to have Professor Sudipta Kaviraj deliver the first MK Nambiar lecture at BIC. As part of the Chair at NLS, extending a warm invitation to one and all. Rsvp in the link below.
I feel seen and attacked at the same time! Last term, I was discussing a case from 2011 and I said, "you remember what happened during the India Against Corruption movement?" My students gave me blank looks. I realised they were 7-8 years old then....
"If women with unwanted pregnancies are forced to carry their pregnancies to term, the state would be stripping them of the right to determine the immediate and long-term path their lives would take. Depriving women of autonomy not only over their bodies but also over their (2/n)
If you are buying a copy of Court on Trial, please buy from your local bookstores. Bangalore folks, one of the best in the city is now carrying our book!
Building on a decade of original empirical research, 'Court on Trial: A Data-Driven Account of the Supreme Court of India' by
@ataparnachandra
,
@skalantry
& William Hubbard provides an overview of the SC & its processes which are often shrouded in mystery. Get a copy today!
Criticising Abrogation Of J&K Special Status, Wishing Pakistanis On Their Independence Day Not Offence :
#SupremeCourt
|
@awstika
"Motives cannot be attributed to the appellant only because he belongs to a particular religion," Court said .
Someone please tell the Court that a prisoner is not on par with every other person as far as Article 21 is concerned. The state has special responsibilities towards a person that it has imprisoned and has under its control. Or ask them to read the Sunil Batra line of cases.
SG: There are thousands of law abiding citizens who are not getting this.
CJI: Yesterday, you filed an Affidavit where he has fainted. Life of every person is valuable. I know it is difficult to get hospital facilities, we are aware of that.
#SiddiqueKappan
#SupremeCourt
On a day when Justice Arun Mishra has been selected as Chairperson of the NHRC, re-upping our piece on his tumultuous (to say the least) tenure on the Supreme Court.
@asurendranath
@suchindranbn
And the law makes it difficult to access safe abortion care in very many ways, including because abortion remains a criminal offence, with exceptions. Our study shows how/why👇
In a
#Himachal
dist, officials serve eviction notices on
#Muslim
Gujjars after
@VHPDigital
violence, demand
“This is to pacify
#Hindus
. We did not want any big riots [here]…to maintain peace, it was necessary” Dist police chief K C Sharma to
@kapilkajal1
Folks, please point me to any literature on how colonialism and empire shaped public law in the metropole, esp. British colonialism and public law (but happy to read about others too). We were thinking through this question in my Comparative Con Law class today and 1/2
Arrest of
@tkw
editor
@pzfahad
—in jail for 2 weeks now—after reporting varying accounts of a teen’s killing, marks unprecedented level of intimidation. Read our deep dive into the criminalisation of journalism in
#Kashmir
THREAD
1/n
“It’s hard to ask a law professor to dismantle all the training they had. It’s a difficult, emotional, psychological transformation process. It’s not easy to upend your life’s work and not trust the Supreme Court.”
CJI : The issuing bank shall forthwith stop the issue of electoral bonds.
The State Bank of India shall furnish the details of donations through electoral bonds and the details of the political parties which received the contributions.
#SupremeCourt
#ElectoralBonds
His follow up Q was, 'What is infinity x infinity?' I said that is also infinity. So he says, 'Oh, like 0x0 =0? Does that mean infinity is the same as zero?' I think there is some deep philosophical/spiritual break through here, that my limited, finite mind can't fully grasp.
#BREAKING
Centre to introduce three bills in the Lok Sabha today to replace Indian Penal Code, CrPC and the Indian Evidence Act.
- The Bharatiya Nyaya Sanhita, 2023
- The Bharatiya Nagarik Suraksha Sanhita, 2023
- The Bharatiya Sakshya Bill, 2023
lives would be an affront to their dignity. The right to choose for oneself – be it as significant as choosing the course of one’s life or as mundane as one’s day-to-day activities – forms a part of the right to dignity. It is this right which would be under attack if (3/n)
Latest offering from the govt that gave us hits like 'Indians don' t have a right to privacy.' I don't know why I still get surprised by this govt' s shenanigans, but was not prepared for this...
Mehta: I will deal with participatory democracy. India does not have that. We fortunately have representative democracy. We don’t have a system where people participate.
#CentralVista
#SupremeCourt
All of this but also: the post 2026 delimitation will be very controversial because of north-south disparities. By tying the implementation of women's reservation to this exercise, I think the govt is also trying to blunt & delegitimize the opposition to the delimitation itself.
Both Lok Sabha and Rajya Sabha have now passed the Women's Reservation Bill which reserves 33 percent of seats in the Lok Sabha and state legislative Assemblies for women. There is, however, no cause to celebrate it.
Reservation of seats for women is meaningless without
On the basis of this info, would it be possible to connect the dots and know who donated a specific electoral bond to which party?
@gautambhatia88
, would you know?
Details which SBI should submit to ECI on
#ElectoralBonds
as per
#SupremeCourt
directions :
The details of electoral bonds purchased since the interim order of the Court dated April 12, 2019. The details shall include the date of purchase of each electoral bond, the name of the
Justice Kant: Sorry if the conscience of this court is not satisfied then law can be moulded accordingly
Singh: then I will withdraw the plea
SC: we allow the withdrawal
#NupurSharma
Exciting opportunity
@NLSIUofficial
to lead our clinical programmes as Director Clinics! Especially relevant for those in law practice who want to transition to academia:
More info👇🏾
Umm... The only question in the right to privacy case was whether the Constitution protects the right to privacy, since the state was claiming it doesn't. That is why a declaration was enough. Equating it with the relief sought here is misguided at best, disingenuous at worst.
Justice Narasimha: when courts recognise and leave it.. then it is upto the legislature to take it ahead
CJI: Did we not do with privacy.. we recognised right to privacy.. but did not touch the law part and we left data privacy bill etc to the parliament..
#samesexmarriage
CJI: We are taking suo motu cognizance and issuing notice to you. Only Mr Salve and you will be there
SG Tushar Mehta: In the meanwhile we will inform the high courts that you have taken suo motu cognizance.
#SupremeCourt
#SuoMotu
My favourite one so far is that if you get drunk and commit a crime, that's a complete defence. But not if you are forced to drink or tricked into drinking. Because they changed one word🤦.
🍻
J Chandrachud: It is necessary to read harmoniously the POCSO Act and the MTP Act. RMT is exempted from revealing the identity of minors in MTP Act. The decision to give birth is decided by environment of a person.
#Abortion
#SupremeCourtOfIndia
'Every new CJI talks of court reforms, but often nothing materialises' — Aparna Chandra
@ataparnachandra
, Sital Kalantry
@skalantry
& William H. J. Hubbard
@WHJHubbard
, talk about their book 'Court on Trial: A Data-Driven Account of the Supreme Court of India', a
@PenguinIndia
Was in conversation with Usha Ramanathan for the Orientation Lecture
@NLSIUofficial
. Her talk was super insightful as always! Couldn't have asked for a better orientation to legal studies for our incoming batches. Do give it a listen.
Great piece on using FoE to think about the hijab ban, and why this is preferable to the quagmire that is freedom of religion under the Indian Constitution. Personally think an 'indirect discrimination on grounds of religion' claim is stronger since it admits of fewer exceptions+
Very important thread. Also, s.4(1) says that the NCRB shall 'in the interest of *prevention*, detection, investigation & prosecution' of offences, collect, store, process & share these records. How will these records be used for preventing crime except through surveillance?
Short statement: The Criminal Procedure (Identification) Bill, 2022 was introduced yesterday in the Lok Sabha. It was done without any public consultation and tremendously undermines the privacy of ordinary citizens and undertrials. 1/n
I have a chapter in this book that provides an empirical overview of the institution. But I wish the editors had put a question mark at the end of the title. Or gone back to the title of Gerald Rosenberg's book on the US. Sup Ct- Hollow Hope. Seems more apt.
In the latest episode of
@IdeasofIndia
@mercatus
, I speak with
@ataparnachandra
about her new book providing data on the many maladies afflicting the Supreme Court of India, like judicial pendency, its dysfunction, SLPs, senior advocates, and much more.
So the news is indeed true.
Rashtrapati Bhawan has sent out an invite for a G20 dinner on Sept 9th in the name of 'President of Bharat' instead of the usual 'President of India'.
Now, Article 1 in the Constitution can read: “Bharat, that was India, shall be a Union of States.”
The undertrial situation won't improve without concerted effort to 1.Decriminalise 2.Decarcerate 3.Reform Arrest law & 4.Reform Bail. All based on rethinking the criminal process grounded in constitutional ethos. At present, reforms are like bandaids on a deep infection.
@BharatVarma3
According to the latest 2019 Prison Statistics, over 40% of undertrials spend more than 6 months.
For a longer-term analysis, see this study by
@ataparnachandra
and
@sunnysidein_
@LokaneetaJinee
Pratiksha Baxi's Public Secrets of the Law, Srimati Basu's work on family courts. Old but gold, Robert Moog's ethnographic work in Varanasi courts. There is a piece by Jayanth Krishnan and co on access to trial courts in a few states. Reports by
@daksh_india
, and CHRI.
Congratulations,
@CompConStudies
!! Delighted to have my piece included in this issue! My paper talks about the Indian Supreme Court's use of the basic structure doctrine, constitutional morality, & transformative constitutionalism. Free to download now. Please read!