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Combat Roles for Women in India’s Armed Forces – Constitutionality of the Prohibition
In 2019, the Supreme Court of India (‘the Court’) delivered seminal judgments with regard to the role of women in the armed forces. In two landmark rulings, The Secretary, Ministry ofDefencev. Babita Puniya, (‘Babita Puniya’) and Union of Indiav. Lt. Cdr. Annie Nagaraja, (‘Annie Nagaraja’), the Court struck down the discriminatory policy of not allowing permanent commission for women in the Army and Navy. This article argues that the recent judgments in Babita Puniyaand Annie Nagaraja only scratch the proverbial patriarchal surface of institutional roadblocks that the Constitution still preserves.
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Kashmir and Transgender Rights
On August 5, 2019, India’s lower house of parliament, the Lok Sabha, passed the Transgender Persons (Protection of Rights) Bill of 2019 after little substantive debate. On the very same day, India’s president took steps to abrogate the erstwhile State of Jammu & Kashmir’s territorial integrity and autonomy. As I explain in this brief blog post, these two developments are not just temporally but substantively linked too.
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Heathrow Runway and Mopa: The Limits of the Law’s Role in Environmental Impact Management
The way in which the law manages the environmental impact of major infrastructure projects is different in different jurisdictions. Despite the differences in legal culture, the following analysis of the two cases will be used to reflect on a single lesson about the limitations of the law’s role in managing the environmental impacts of major infrastructure projects.
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An Empirical Assessment of the Collegium’s Impact on Composition of the Indian Supreme Court
With an analysis of data spanning over seventy-two years, we have highlighted how the collegium has altered the composition of the Supreme Court. While the regional diversity of the court has improved in a relative sense, professional diversity in the court has deteriorated alarmingly [...]
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The General Executive Power of the Union of India and the Commonwealth of Australia: A Comparative Analysis
The substantive content and ambit of the general executive power of “the Union” of India and of “the Commonwealth” of Australia, provided for in Article 53 and section 61 respectively of their constitutions, is a most significant issue confronting constitutional law in both India and Australia. Reference is made to “general” executive [...]
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Carbon Tax as Discrimination: Revisiting the Legal Standard of National Treatment in WTO Law
Zaker Ahmad - 0
This paper explores the possibility of an alternative take on the current understanding of the GATT national treatment obligation, especially in the assessment of the possible discriminatory impact of a carbon tax [...]
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Insider Trading: Circumstantial Evidence is Evidence Enough?
The Securities and Exchange Board of India (‘SEBI’) is under constant pressure to secure the integrity of the securities market while also ensuring that development of the securities market is not deterred by its overreach [...]
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What use is poetry? Excavating Tongues of Justice Around Navtej Singh Johar v Union of India
The Supreme Court of India, in Navtej Singh
Johar v. Union of India, read down Section 377 Indian Penal
Code (‘S. 377’), decriminalizing sexual relations between
consenting adults, irrespective of sexual orientation or gender
identity[..]
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Public Policy under the New York Convention – Bridges between Domestic and International Courts and Private and Public International Law
Abstract Controversy continues over the “public pol-icy” exception set out in the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Claims are still made regarding the sharpness[..]
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Hardship & Substituted Performance as Defences against Specific performance: Critique of the Recent Developments
For a long time, contract law in India has beenregarded as being plagued with inefficient contract enforce-ment mechanisms. The consequence has been that projects remained incomplete for several years[..]
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A Critique of the Aadhaar Legal Framework
This paper critically examines the legal framework consisting of the Aadhaar Act, the Aadhaar Ordinance, and the Aadhaar Regulations from the perspective of accountability, delegation, and grievance redressal and enforcement[..]
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Fostering the Realization of the Right to Water: Need to Ensure the Universal Free Provision and to Recognize Water as a Common Heritage
The fundamental right to water has long been formally recognised in India. However, notwithstanding this and numerous governmental interventions over the years, universal provision of water is yet to be achieved[..]
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Publicity Rights and the Right to Privacy in India
The right to publicity is the right to protect, control, and profit from one’s image, name, or likeness. This right is generally considered as a facet of right to privacy. This article aims to study the[..]
