Hearings in the Sabarimala review case are ongoing. Readers will recall that a five-judge bench of the Supreme Court had declared that barring the entry of women to the Sabarimala temple was unconstitutional. Challenges to the correctness of this judgment have been
Indian Constitutional Law and Philosophy
Indian Constitutional Law and Philosophy is a specialized publisher focusing on detailed analysis and commentary related to constitutional law and political philosophy in India. It frequently publishes guest posts and expert articles that examine Supreme Court judgments, constitutional provisions, and their implications on governance, federalism, judicial appointments, digital regulation, and free speech. The content often critiques judicial decisions, explores the balance of powers between state and union governments, and discusses the constitutional validity of laws and amendments, particularly in the context of contemporary legal and political developments in India.
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Judging the Judges: On Justice Swarna Kanta Sharma’s Refusal to Recuse in the Arvind Kejriwal Case – III
[This is a guest post by Anshul Dalmia.]
In the recent case of Arvind Kejriwal’s plea for recusal, Justice Sharma uses the ‘real danger’ test to deny judicial disqualification (¶ 186). The High Court states that the petitioner had to…
Guest Post: Reasonable Apprehension – On Justice Swarna Kanta Sharma’s Refusal to Recuse in the Arvind Kejriwal Case – II
[This is a guest post by Bhushan Raut.]
In the second episode of the second season of the popular Netflix series “Maamla Legal Hai”, a newly appointed judge, casually smiles at a familiar advocate and is immediately branded…
Guest Post: When Heavens Fall Upon a Recusal – On Justice Swarna Kanta Sharma’s Refusal to Recuse in the Arvind Kejriwal Case
[This is a guest post by Kartik Kalra.]
“I will not recuse”, writes Swarna Kanta Sharma, J., in bold letters, in her judgment dated 20 April 2026, holding that the submissions of six applicants seeking her recusal – on grounds…
Guest Post: Automatic Yet Illegal – Analysing the Revocation of Scheduled Tribe Status and Statutory Excommunication of Mizo Women
[This is a guest post by Akshay Sriram.]
The Mizo Marriage and Inheritance of Property (Amendment) Bill, 2026 (‘Amendment Bill’ or ‘Bill’) was passed by the State Legislature, altering certain provisions of the Mizo Marriage, Divorce and Inheritance of Property…
Guest Post: Can The Supreme Court Ban a Book? A Response to Gautam Bhatia
[This is a guest post by Krishaan Doctor.]
Earlier this year, the Supreme Court passed an order imposing a blanket ban on an NCERT Class VIII textbook that contained a section on “corruption in the judiciary”. The order directed the…
The Constitution Trilogy
HarperCollins India has now made The Transformative Constitution, Unsealed Covers, and The Indian Constitution: Conversations with Power available as a single box-set. You can get it here.
Reshaping federalism in the name of women: The proposed 131st amendment
Parliament is set to debate the Constitution (One Hundred and Thirty-First Amendment) Bill, 2026. According to the Government, the purpose of the Bill is to expedite the implementation of women’s reservation in the Lok Sabha and State Legislative Assemblies; implementation…
Hollowing the Essence of Deploying Structural Interdicts and Suspended Declarations in Legislative Processes: A Critique of The Tribunals Transition Case [Guest Post]
[This is a guest post by Kenson Mutethia.]
The Kenyan Supreme Court has effectively defeated the essence of structural interdicts in the legislative process in the Tribunals transition case. By the same decision, whether wittingly or unwittingly, it has…
Guest Post: Digital rule, colonial echo – India’s IT Rules 2021 amendments
[This is a guest post by Rudraksh Lakra.]
Introduction
The Ministry of Electronics and Information Technology recently released draft amendments to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (“IT Rules 2021”). This follows…
