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Been off here for a bit, so just threading the blog posts published on ICLP in the interim.

1. A Sullivan for the Times: The Madras High Court on the Freedom of Speech and Criminal Defamation --

indconlawphil.wordpress.com/2020/05/16/a-s…

(1/5)
2. Coronavirus and the Constitution – XXVI: Migrant Workers, Freedom of Movement, and Positive Obligations [Guest Post] --

indconlawphil.wordpress.com/2020/05/16/cor…

(2/n)
3. Coronavirus and the Constitution – XXVII: On (Permanent) Crisis Governance [Guest Post] --

indconlawphil.wordpress.com/2020/05/17/cor…

(3/5)
4. Guest Post: The Unconstitutional “Additional Retail Excise Tax” in Andhra Pradesh --

indconlawphil.wordpress.com/2020/05/17/gue…

(4/5)
5. Guest Post: Nisha Priya Bhatia vs Union of India – Redefining the Scope of Sexual Harassment? --

indconlawphil.wordpress.com/2020/05/18/gue…

(5/5)
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More from @gautambhatia88 see all

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Gautam Bhatia
@gautambhatia88
Once this critical issue has been discussed, here is another suggestion.

A webinar on "Insulating the Judiciary from Powerful and Influential Senior Advocates."

(1/n)
Empirical research has shown - repeatedly - how chances of success in litigation fluctuate wildly depending on whether or not the litigant has a senior advocate appearing for them - especially in admissions cases, where briefs get tossed aside in seconds. Topical issue.

(2/n)
In his book, Courting the People, Anuj Bhuwania describes how powerful senior advocates were designated amici curae in crucial PILs, and became the drivers of those cases - to the exclusion of the people actually affected, and on whose "behalf" those PILs were apparently filed. +
Read 14 tweets
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Gautam Bhatia
@gautambhatia88
This is true, of course, but there is a deeper point here: the polyvocal character of the Supreme Court and the absolute power wielded by the Chief Justice in bench selection means that a lot of judges don't actually get cases where their "legal outlook" is put to the test. (1/3)
I think that the recent proliferation of judicial speeches/lectures is at least partly due to the fact that actual constitutional adjudication at the SC has become entirely concentrated in the office of the CJI. Public fora then become alternative spaces of articulation. (2/3)
And of course - as recently came up in a conversation with @MaLawdy - this becomes both a shield and a sword. In a speech, a judge can articulate a philosophy at odds with SC decisions, because *they* weren't on that bench. At the same time, when convenient - such as in the +
Read 4 tweets
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Gautam Bhatia
@gautambhatia88
Happy to share a project that has has come to life, after many months of preparation. @AtreyShreya and I edited a special issue of the Oxford Human Rights Hub Journal, titled "New Beginnings: Indian Rights Jurisprudence after Puttaswamy."

ohrh.law.ox.ac.uk/new-beginnings…

(1/3)
@AtreyShreya The special issue features articles by Indian scholars on the Supreme Court's privacy judgment, later verdicts, and the future of civil rights in India. A comparative legal scholar has responded to each of the pieces, placing them within a comparative framework.

(2/3)
@AtreyShreya All the pieces are open access and free to read. It's not been the best of times for civil rights in Indian jurisprudence, so we hope this is a reminder of what we hoped for so recently, and what we still could hope for.

(3/3)
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