LAOT brings to you a comprehensive reading list about all that has been said after the #retirement of Justice Rohinton Nariman from the SC on August 12 '21. Many acknowledge his contribution to Human Rights jurisprudence, others say his track record is not unblemished. Read more:
2. "Nariman: A Legacy" @IJaising writing for @TheLeaflet_in, giving an overview of J. Nariman’s ‘stellar’ career, focusing on his landmark judgments and his commitment to liberty, while also touching upon the controversies. theleaflet.in/how-justice-ro…
3. The Independent Nariman: Advocate Hegde writing for @BloombergQuint says that J. Nariman falls into the tradition of judges that never served as CJI but left a rich legacy. Hedge, also mentions that the 2016 #NRC judgment became a blot on his career. bloombergquint.com/opinion/justic…
4. The Judge: Aratrika Bhaumik writing for @LiveLawIndia analyses J. Nariman’s notable judgments on liberties, orientation to IBC & arbitration
7. @gautambhatia88 on his blog writes a critique of J. Nariman’s legacy, placing his role in the NRC and the aftermath of the sexual harassment allegation against the then CJI Gogoi at the center of his narrative.
9. @TripathiGee for the @TheQuint says J. Nariman’s jurisprudence at the SC is marked with cases that were not only legally complex but also politically charged. He adds his tenure is perceived as a game-changer by most senior lawyers despite the NRC blot thequint.com/news/law/justi…
To add to this comprehensive list, we also look back at the Courts and the Constitution Conference held in 2020, which shed light on some of Justice Nariman’s judicial decisions on manifest arbitrariness & #NRC. These are:
1. @asurendranath spoke about the failure of the manifest arbitrariness doctrine as a test of equality under Article 14 at the Equality Jurisprudence Panel, he traced the rejection of the #arbitrariness doctrine in McDowell and its subsequent revival #CnC
2. At the Citizenship, Residency, and the Constitution Panel, @MNizamPasha spoke about what he called “the curious incident of Justice Nariman on NRC bench”, referring to J. Gogoi and J. Nariman’s orders that revived the #AssamNRC process.
To keep this discussion alive, moving and diverse please feel free to add your own resources and insights. Additionally, if something integral remains missing, let us know!
New Addition: @Arghya_justify (from @Vidhi_India) writing for @ttindia says that J. Nariman remained steadfastly true to his dictum and leaves the jurisprudence of the SC in a better state than he found it.
On 14 Sept. 2021, @the_hindu reported that the government has restricted funding for 10 international NGOs working on issues related to the environment, climate change (specifically their ‘advocacy against coal’) and child rights. thehindu.com/news/national/…
This has been done by placing these NGOs on the Prior Reference Category (PRC) which implies that when a foreign donor would want to transfer money to a recipient association in India (which is in the PRC), they would require the prior clearance of the Ministry of Home Affairs.
Our editor Shravani had written a post explaining how the #FCRA, amended in Sept. 2020, resulted in over-regulation of civil society organisations, having a chilling effect on effective public participation of CSOs in opposing government policies lawandotherthings.com/2020/11/over-r…