Faculty

Teaching

Courses

Education

  • J.S.D., Yale Law School

Profile

Sarbani Sen is Professor of Law and Executive Director, Centre for Constitutional Law Studies, Jindal Global Law School, Delhi. She has also taught as Adjunct Faculty at Osgoode Hall Law School, York University, Toronto and Faculty of Law, University of Toronto.  She was a Visiting Fellow at the Max Planck Institute, Heidelberg and recently a Visiting Scholar at Osgoode Hall Law School York University, Toronto.

She teaches issues in comparative constitutional law such as the founding and transformation of constitutional regimes from a comparative and theoretical perspective; and concepts of democracy and constitutionalism. She specialises in the rights provisions of the Indian Constitution, and its social welfare provisions. Her current research involves the jurisprudence and politics around constitutional amendments; and a critique of judicial standards of judicial review with regard to distinct constitutional rights.

She has law degrees from the University of Delhi, London School of Economics, and Yale Law School. Her doctoral thesis has been published as a book “Popular sovereignty and democratic transformation – the Constitution of India” from Oxford University Press.

Publications

  • 2023 Chapter titled “The Basic Structure doctrine revisited” in edited volume on “Constitutional amendments in South Asian jurisdictions” [Kevin Tan Yew Lee eds. Hart 2024 forthcoming]
  • 2023 Chapter titled “Constitutional amendments in India” in Asian Comparative Constitutional Law: Volume II- Constitutional Amendments, [Ngoc Bui and Mara Malgodi eds., Hart, 2024 forthcoming]
  • 2023 Chapter titled “India’s founding moment” in “Constitutionalism in South and Southeast Asia: Founding Moments, Politics and Evolution” [E. Sridharan; R. Sudarshan and S. Sen eds., Social Science Press/Routledge, forthcoming]
  • 2022 Chapter titled “Law and Social Policy in India: From Growth-Based Welfare to Welfare Entitlements” in “Understanding Southern Welfare – Social Policies in Brazil, India, China and South Africa” [Ulrike Davy and Albert Chen eds., Routledge, December 2022]
  • 2013 The “public interest” —- contestation and confrontation before the Indian Supreme Court,” (Diogenes, journal of the International Council for Philosophy and Humanistic Studies, special issue 2013)
  • 2011 L. Jacobs and S. Sen,”The distinctive character of legal adversarialism in India,” Policy Paper, in “The world’s most fragile of democracies — defying the odds.” Canada Watch Contributions, Daniel Drache ed., [Fall 2011]
  • 2007 “Popular Sovereignty and Democratic Transformations: the constitution of India,” [New Delhi: Oxford University Press, 2007]
  • 2001 “Paradoxes of the international regime of care: the role of the UNHCR in India”, in “Refugees and the state, practices of asylum and care in India, 1947-2000,” Ranabir Samaddar ed. [New Delhi: Sage, 2001]