Articles for tag: Indien, Indische Verfassung, Verfassungsrecht

Indian Constitutionalism in the Last Decade

Having been governed by Narendra Modi’s Bharatiya Janata Party (BJP) for the last ten years, India will hold elections in the following weeks. We use this moment as an opportunity to reflect upon the last decade and assess how the Hindu nationalists have impacted Indian constitutionalism. To do so, we have asked legal scholars and practitioners to reflect upon the developments in particular areas of Indian constitutional law over the last decade. This blog post will provide an introduction to the symposium.

5. April 2024

, ,

50 Years of Kesavananda Bharti

India is celebrating the 50th anniversary of the landmark Kesavananda Bharti decision this year, which concretized the ‘basic structure doctrine’. Created by the judiciary in response to an overzealous executive branch, it stipulates that the legislature cannot damage or destroy the basic features of the Constitution that are fundamental to its identity. This blogpost explains the circumstances of the doctrine's inception, its substance and controversies as well as its continued importance for Indian democracy.

9. Mai 2023

, , ,

Regressive, Sexist, and Unconstitutional

On 31 October 2022, a two judge bench of the Indian Supreme Court delivered a crucial order, reiterating its ban on the so called “two finger test”. The continued usage of the test, the Court stated in State of Jharkhand v. Shailendra Kumar Rai, is professional misconduct. To enforce the ban of this practice against survivors of sexual violence the bench issued a slew of directions.  In this post, I discuss the impact of this order on the constitutional rights of survivors of sexual violence. While the Court’s judgment is a progressive one, it might not have the desired effect, namely the complete ban on the conduct of the ‘two finger test’.

5. November 2022

, , , ,