In an important judgment delivered on 20th May, 2026, the High Court of Kenya decriminalised “consensual, non-coercive and non-exploitative sexual conduct between adolescents of close age proximity, absent evidence of exploitation, coercion, abuse or power imbalance.” At issue was
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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Programming Democracy – III: Connecting the Dots [Guest Post]
[This is the final post in a three-part series by Rudraksh Lakra. Parts One and Two are linked.]
This is the third essay in the Programming Democracy series. The first examined how Assam’s 2023 delimitation exercise restructured electoral geography through…
Programming Democracy – II: The SIR in West Bengal [Guest Post]
[This is a guest post by Rudraksh Lakra. The writer wishes to thank Pushpendra for his valuable research assistance and contribution to the piece.]
Introduction
In West Bengal, anti-incumbency sentiment, opposition fragmentation, and Hindu consolidation all played an important role…
Programming Democracy Part 1: Delimitation in Assam [Guest Post]
[This is the first of a three-part guest post series by Rudraksh Lakra, examining delimitation in Assam and the SIR in West Bengal.]
Introduction
In the 2026 Assam Assembly elections, the BJP won 82 seats, while its allies, the…
Guest Post: The Many Afterlives of Najeeb – The Supreme Court’s Reference on Delay as a Ground for Bail under the UAPA
[This is a guest post by Rushil Batra.]
This year, and more particularly the last few weeks, have been important for understanding the Supreme Court’s bail jurisprudence under the Unlawful Activities (Prevention) Act, 1967 (“UAPA”). The immediate reason is that…
Guest Post: Course Correction on Delays and Bail under the UAPA?
[This is a guest post by Abhinav Sekhri, cross-posted from The Proof of Guilt blog.]
On 18.05.2026, a Division Bench of the Supreme Court handed down its verdict in Syed Iftikhar Andrabi [2026 INSC 503]. The bail application was allowed,…
Notes on the Sabarimala Review Hearings
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…
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…