Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 4 of 4
Full-Text Articles in Law
Sovereignty Before Law, Salmoli Choudhuri, Moiz Tundawala
Sovereignty Before Law, Salmoli Choudhuri, Moiz Tundawala
Articles
Book review: Violent Fraternity: Indian Political Thought in the Global Age, by Shruti Kapila, Princeton, Princeton University Press, 2021, 328 pp., $37.00/£30.00, ISBN 9780691195223
Same-Sex Marriage Judgment Asks Queer Citizens To Wait For True Equality At A Future Time That May Never Arrive, Kunal Ambasta
Same-Sex Marriage Judgment Asks Queer Citizens To Wait For True Equality At A Future Time That May Never Arrive, Kunal Ambasta
Popular Media
Excerpt:
"For about the last 15 years, the queer rights movement has enriched the constitutional law of this country. Some of the most cherished constitutional values and rights have been fleshed out with the movement as its springboards at the Supreme Court.... The Court fully acknowledges, in abstract, the rights of queer couples to equal treatment before the law, dignity, and of the numerous tangible and intangible benefits of the institution of marriage, but refuses to ensure any of these rights to a clear case of legal discrimination or to craft a suitable remedy."
Marriage Equality Judgment: The Missing Case Of International Covenants, Nanditta Batra, Naveen Batra
Marriage Equality Judgment: The Missing Case Of International Covenants, Nanditta Batra, Naveen Batra
Popular Media
This article analyses the judgement on marriage equality delivered by a five-judge Constitution Bench of the Supreme Court of India on 17 October 2o23. The authors argue that, in holding that there is no fundamental right to marry under the Indian Constitution, the court has not taken into account binding international human rights treatises that categorically state the right to marry as a human right.
Grounding The Basic Structure In Legal Theory, Sanjay Jain
Grounding The Basic Structure In Legal Theory, Sanjay Jain
Articles
This article contributes to the everlasting debate on theorising the Basic Structure doctrine of the Indian Constitution. Having demonstrated that it cannot be justified either in orthodox positivism of Austin or Kelsenite normativity, the author makes the case to ground the debate in the modern avatar of analytical jurisprudence, popularly known as inclusive legal positivism.