Shivangi Mishra Throughout the course of the review, Ronald Dworkin’s “morality principles” incumbent upon the judges have been appraised by placing reliance upon Dworkin’s own archetypal manner of invoking semantics. It has […]
Realising the promise of legal inclusion of transgender persons in NALSA
Mx. Muskan Tibrewala We have a long way to go to ensure complete equality for transgender persons in society and the legal system. However, with the promise of NALSA and the protections […]
Deathbed Bequests in Hindu Law: Striving For Balance
Niveditha K Prasad Deathbed bequests occupy an interesting liminal space between testament and a gift. While the secular succession law on the subject has benefitted from codification, Muslim personal law on the […]
Same-Sex Marriages in India: The Case for Judicial Intervention
Kanav N Sahgal In this piece, Kanav N Sahgal responds to Professors G.S. Bajpai and Ankit Kaushik’s arguments against judicial intervention on the issue of same sex marriage. He argues why the […]
When Should Courts Grant Summary Judgments Under CPC: Insights from Law and Economics
Parv Tyagi In India, Rule 3 of Order XIIIA CPC empowers the Court to give a summary judgment. The court is to grant a summary judgement on a claim only if it […]
To be or to Hobby: A Crypto Conundrum
Shikhar Sharma In this piece, the author analyses the judicially-created distinction between hobby and profit motive seen in the Indian Supreme Court’s Article 19(1)(g) jurisprudence. The author argues that relaxing this distinction […]
Towards Nuance and Balance: In Conversation with Mr Gopal Sankaranarayanan
Niveditha K Prasad and Rakshit Agarwal In this episode of Arbitrary, Niveditha (Deputy Managing Editor, LSPR) and Rakshit (Editor, LSPR) sit down with Senior Advocate, Mr Gopal Sankaranarayanan to discuss the issue […]
Looking Beyond Hart and Fuller: Hayek’s Evolutionary Theory of Jurisprudence
Parv Tyagi In this episode of Arbitrary, Parv Tyagi (Managing Editor, LSPR) sits down with Prof. Suri Ratnapala to discuss the evolutionary school of thought in law. They discuss how the evolutionary […]
Criticising Judges and the Damage to Judicial Independence
Professor Satvinder S. Juss, Phd (Cantab), FRSA In this piece, Professor Satvinder Juss places the recent attacks on the Indian judiciary and thereby its independence, in a global context. Drawing from the […]
Supreme Court’s Horizontality Judgment: Errors, Omissions and Questions Left Unanswered
Ashwin Vardarajan image source On January 3, 2023, the Supreme Court (‘SC’) delivered its decision in Kaushal Kishor v. Union of India [Writ Petition (Criminal) No. 113 of 2016], where it, inter […]