For the last decade, the Kenyan courts have been grappling with the constitutionality of “constituency development funds” [“CDF”]: that is, funds earmarked from the national government revenue for developmental work on a constituency basis. Judicial decisions have seen multiple repeals
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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Against Pyrrhic Victories: The Kenyan High Court’s Judgment(s) in the Presidential Advisors Case [Guest Post]
[This is a guest post by Miriam Maina.]
…if we are victorious in one more battle against the Romans, we shall be utterly ruined…
Losses on Italian shores.
History is awash with chronicles of battles won, but wars lost.…
Guest Post: A Constitutional Critique of the Synthetically Generated Information (IT Rules Amendment), 2026
[This is a guest post by Rudraksh Lakra.]
Introduction
On 10th February 2026, the Ministry of Electronics and Information Technology (“MeitY”) notified the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2026 (“Amendment“). A draft version of…
The unravelling of the SIR challenge
Last week, the Supreme Court reserved judgment in the legal challenge to the ongoing Special Intensive Revision (‘SIR’) exercise. While the substantive issues of the case merit their own post, it is worth pausing and asking how the challenge, instituted…
(Yet Another) Troubling Stay Order: The Supreme Court on the UGC Regulations, 2026
The Supreme Court’s order “keeping in abeyance” the 2026 University Grants Commission (Promotion of Equity in Higher Education Institutions) Regulations is yet another unfortunate example of hugely consequential judicial decisions that take the form of unreasoned interim or “stay” orders.…
Active Democracy and a Culture of Justification: the Kenyan High Court’s Presidential Advisors Judgment
One of the paradoxes of contemporary representative democracy is how public power is often wielded by unelected individuals. It is argued the the complexities of modern-day administration require elected officials to rely on the unique skills and expertise of non-elected…
The Constitutional Status of Inaction: Towards a Doctrine of Default in Gubernatorial Assent [Guest Post]
[This is a guest post by Arihant Jain.]
Introduction
In recent years, a notable pattern of constitutional tension can be seen across multiple Indian States: Governors withholding assent to legislation not by an express refusal but through prolonged silence. In…
Notes from a Foreign Field: The Speaker, the Judicial Service Commission, and Judicial Independence in Sri Lanka [Guest Post]
[This is a guest post by Sanjit Dias.]
The speaker of the parliament of Sri Lanka recently made a ruling which addressed issues of the independence of the judiciary vis-à-vis the judicial service commission (JSC), and the separation of powers.…
Presidential Reference No. 1 of 2025 and the New Afterlife of Judgements
[This is a guest post by Rajyavardhan Singh.]
On 20 November 2025, the Supreme Court delivered its advisory opinion in Re: Assent, Withholding, or Reservation of Bills by the Governor and President of India (“Re:Bills”), answering eleven of the fourteen…
Bail granted, but freedom is not: The Supreme Court’s erroneous bail conditions in Gulfisha Fatima [Guest Post]
[This is a blog post by Mihir TejaKalle.]
*(This article does not pass comment on the denial of bail to Sharjeel Imam and Umar Khalid)
On 5th January, 2026, the Apex Court in Gulfisha Fatima v. State (Govt. of NCT…