News Type: Event

In this week’s faculty seminar, Dr. Mayur Suresh, Senior Lecturer in Law, SOAS, will be presenting on his book titled “Terror Trials: Life and Law in Delhi’s Courts” on Wednesday, 20th December, 2023. Dr. Manpreet Dhillon, Academic Fellow will be the discussant.

Author bio

Dr Mayur Suresh is a Senior Lecturer in Law at SOAS, University of London and has taught at SOAS since 2015. He graduated from NLSIU in 2004.  His book Terror Trials: Life and Law in Delhi’s Courts (Fordham University Press, 2023) is derived from an ethnography of terrorism trials in Delhi. In 2023 Mayur was awarded the Leverhulme Research Leadership Award for a project titled The Social Life of Law in Authoritarian Contexts through which he will build a research team to do ethnographic and quantitative research into the state’s use of law to reconstitute society.

Abstract

This book is an ethnography of terrorism trials in courts in Delhi, India. Amidst the grinding terror trials—which are replete with stories of torture, illegal detention and fabricated charges—I found letters written to judges appealing for justice, an extensive knowledge of legal procedure, friendships with police officials, a cautious faith in the courts, and a deep sense of betrayal when this trust was belied. By looking at the everyday life of the law in these courts, I argue that legal technicalities enable forms of life to emerge in the courtroom. The book shows that though seemingly mundane, legal technicalities are fraught and highly contested and acquire urgent ethical qualities in the life of a trial: Legal language becomes a question of a form of life, the file becomes a space in which the world can be made or unmade, the petition a way of imagining a future, and investigative and courtroom procedures enable the unexpected formation of close relationships between police and terror-accused. I argue that in attending to the ways in which legal processes are made to work—through legal language, through files and the everyday interactions among lawyers, judges, accused terrorists, and police—we are offered a way of understanding how human expressiveness, creativity and vulnerability emerge through the law.

NLSIU will host a public lecture by Dr. Udit Bhatia, titled “Funding Democracy: A Radical Alternative” on Tuesday, 19 December 2023 to be delivered.

About the speaker

Udit Bhatia is a political theorist whose research focuses on normative democratic theory, constitutionalism, and political epistemology. Some of his recent papers have examined the legal and normative status of political parties, asking how their internal rules should be configured. In other work, he has engaged with epistocracy, the notion that competent persons should enjoy exclusive or disproportionate political power. He is also interested in the history of political thought, especially in relation to democratic institutions.

Dr. Udit Bhatia is also co-investigator of the Pluralist Agreement and Constitutional Transformation (PACT) Project at NLSIU.

Abstract of the lecture

Corporate funding for election campaigns raise important democratic concerns around the world. This issue is especially pressing in India where the recently introduced electoral bonds scheme enables anonymous corporate donations to political parties. In response, many have advocated amendments to India’s campaign finance regime aimed at delivering greater transparency. I argue that such appeals fail to appreciate the limits of transparency. This is because transparency, by itself, is unable to promote the underlying democratic values that its advocates aspire towards. Next, I briefly explore state funding of elections before examining how private campaign finance could be made compatible with the normative values that animate calls for reform. I argue that requiring workers’ unions’ consent for corporate donations in elections offers an important way of mitigating the democratic concerns typically associated with corporate funding of elections. In doing so, I argue for a retrieval of neglected debates in the early years of the republic, which foregrounded workers’ role in corporate management.

In this week’s faculty seminar, Prof. (Dr.)  Sudhir Krishnaswamy will be presenting his paper titled “Fundamental Duties in Indian Constitutional History” on Wednesday. Prof. Pranav Verma will be the discussant.

Abstract

In this paper, I trace the place of citizen duties in Indian political and constitutional thought, primarily through historical references to duties. I focus on the invocation of fundamental or political duties in ‘constitutional discourse’ prior to the adoption of the Constitution of India 1950, particularly in the period 1895 to 1950. This period may be usefully categorized into two parts: historical constitutions from 1895-1948 and the Constituent Assembly Debates from 1946-1949. I explore three key questions: nature of duties – the conception of the duty including the bearer of duties and to whom the duty is owed; the content of duties – what are the duties owed; and, finally, what are the justifications for these duties.

This analysis reveals that duties were not salient in modern Indian political thought – either from 1895 to 1946 or 1946 to 1950. In constitutional discourse in this period there are few references to duties, and when they occur the concept of duties is inconsistent, proposing divergent content and with different background justifications. The different types of duties proposed and enshrined in various texts may be analysed in three ways: First, where rights are seen to generate horizontal duties on citizens in order to protect the rights themselves. Second, that the entitlement and enjoyment of rights is conditional on the fulfilment of duties, that the entitlement and enjoyment of rights is conditional on the fulfilment of duties, that is each right as a corollary duty. Third, duties act as limitations or constraints on broad fundamental rights. These three features are critical components of contemporary debates on fundamental duties in India.

Keywords: Fundamental Duties, Constitutional Assembly Debates, historical constitutions, constitutional history.

The National Law School of India University (NLSIU) is organising the Justice E S Venkataramiah Centennial Memorial Lecture on the morning of Sunday, December 17 2023. The lecture shall be delivered by Hon’ble Dr Justice D. Y. Chandrachud, Chief Justice of India and Chancellor of NLSIU. The lecture will commence from 11 am, at the Jnana Jyothi Auditorium, 11, Palace Road, Ambedkar Veedhi, Gandhi Nagar, Bengaluru.

About Justice E S Venkataramiah

Justice Engalaguppe Seetharamiah Venkataramiah served as the 19th Chief Justice of India. He previously served as a judge of the Karnataka High Court, as well as the Advocate General of Mysore. His daughter, Hon’ble Mrs. Justice B.V. Nagarathna, is a judge of the Supreme Court of India.

Justice E S Venkataramiah enrolled as an advocate in the Karnataka High Court on January 5th 1948 and worked as a Special Government pleader starting from June 1969. He served in this position until March 5th 1970, when he was appointed as Advocate General of Mysore. On June 25th 1970, he was appointed as an Additional Judge of the Karnataka High Court. On October 11th 1970, he became a Permanent Judge of the Karnataka High Court, where he served for nearly 9 years. On March 8th 1979, he was elevated to the Supreme Court. He became the Chief Justice of India on June 19th 1989 and retired at the end of the same year on December 17th. After retiring from the Supreme Court, Justice Venkataramiah taught Constitutional Law at NLSIU from 1992-97, during which  time he held the M K Nambyar Chair at the University.

According to the Supreme Court Observer, he was a part of benches that pronounced 720 judgments. Of these, he authored 256 judgments during his term at the Supreme Court.

Programme

1. Lighting of Lamp and Tribute to Justice E.S. Venkataramaiah

2. Welcome by Prof. (Dr.) Sudhir Krishnaswamy, Vice-Chancellor, NLSIU

3. Introduction of the Speaker by Hon’ble Mrs. Justice B.V. Nagarathna, Judge, Supreme Court Of India

4. Lecture by Hon’ble Dr. Justice D.Y. Chandrachud, Chief Justice Of India

5. Felicitation of the Speaker

6. Vote of Thanks by Prof. (Dr.) N.S. Nigam, Registrar, NLSIU

Guests are requested to be in their seats by 10.30 AM. The venue is easily accessible by public transport, including the Sir M Visveswaraya (Central College) Metro Station.

To RSVP, write to  

Lecture Video

On Thursday, 14 December 2023, NLS will host a public lecture to be delivered by Professor Shruti Kapila titled ‘Legislating Democracy: Ambedkar and the Future of India’, with Mr. Arvind Narrain as the discussant. Arvind Narain is Visiting Faculty and PhD scholar at NLSIU working on the legal and political thought of Ambedkar. He was a founding member of the Alternative Law Forum and has authored ‘India’s Undeclared Emergency: Constitutionalism and the Politics of Resistance’ (Westland, 2022).

About the speaker

Shruti Kapila is Professor of History and Politics at the University of Cambridge, Director of Studies at Corpus Christi College and Co-Director of Global Humanities Initiative. Her recent book, ‘Violent Fraternity: Indian Political Thought in the Global Age’ (Princeton, 2021), reconstructs the most consequential political concepts that have defined India’s democracy, including sovereignty, subjectivity, religion and violence. She is also a renowned political commentator on forums such as the BBC, Financial Times, and Al Jazeera, and regularly writes a fortnightly column for The Print.

Abstract of the lecture

Independent India’s constitutional and legal edifice was a political rather than a social revolution. B R Ambedkar instituted caste as a primary political category. Embedded in violence and as the source of India’s sovereign power, Ambedkar redirected caste as fundamental to Indian democracy. In casting Ambedkar as a thinker of radical and republican democracy, this lecture will also explore its ramifications for Indian law and politics today.

AILET (All India Law Entrance Test) is a national level examination conducted by the National Law University Delhi every year for admission to B.A. LL.B.(Hons.), LL.M. and Ph.D. Programmes offered by the National Law University Delhi.

Instructions for Candidates

• AILET 2024 examination will be held on December 10, 2023 (11:00 A.M. to 1:00 P.M). The duration of the test is two hours.
• Candidates shall be allowed to leave the Test Centre only after the test.
• Candidates shall not be permitted to enter into the examination hall after 11:15 A.M.
• Candidates must enter the NLSIU campus through Gate 1.
• Entry and exit for vehicles at Gate 4.
• Parking facility for vehicles is available in the football ground. Entry (at Gate No. 4) for parents/guardians of candidates shall be limited to the football ground.
• Candidates must show their Hall Ticket /Admit Card to enter the Test Centre.
• Candidate’s Admit card and Govt-issued Photo ID proof will be verified at the test centre.
• Candidates must follow the queue and the markings outside the gate.
• Candidates may also view the website of – National Law University Delhi
• For other test related instructions, candidates may check the following pages – B.A., LL.B. (Hons.), LL.M, Ph.D. in Law, and Ph.D. in Social Sciences.

Important Dates

• 07 August, 2023 – Application Opens
• 15 November, 2023 – Last date for submission of applications
• 24 November, 2023 – Issue of Admit Card
• 10 December, 2023 – AILET 2024 Examination

How to get to NLSIU?

If you need help in reaching our campus, please click here.

Dr. Srividhya Ragavan, Professor of Law and Director of India Programs at the Texas A&M University School of Law will be presenting her paper, “Special Challenges in Execution of Arbitral Awards in Public Private Partnerships”, at the National Law School Of India University (NLSIU). The paper can be found as an advance article in Volume 35(1) of the National Law School of India Review, here.

About the speaker 

Dr. Srividhya Ragavan, Professor of Law and Director of India Programs at the Texas A&M University School of Law. An alumna of the National Law School of India University, Prof. Ragavan also holds degrees from King’s College London and George Washington University School of Law. She specializes in intellectual property right, patents, trade, with her research highlighting her expertise in access to medication and health; intellectual property; and trade and development. She has published 6 books and over a 100 articles, book chapters and policy reports. She is on the editorial board of several interdisciplinary journals and has held visiting appointments in several universities across India including NLSIU, NALSAR and NLU Delhi.  She is an expert for the WIPO and the WTO, and has testified at the United States International Trade Commission as well as before the Office of the United States Trade Representative.

Abstract

“With around 47 million pending cases at various stages of Indian judiciary and one of the lowest levels of judges per million of population in the world, India’s arbitration regime presents a ray of hope for millions of Indians who face the prospect of justice being denied to them due to inordinate delays caused by a clogged judicial pipeline. The enactment of the Arbitration and Conciliation Act, 1996 was presented as a viable alternative to resolve commercial disputes in a timely manner. This paper uses a case study to discuss how arbitration in India has not fulfilled the timeliness promise and in turn, has detrimentally affected trade and investments, making the system an inefficient alternative to the contentious and long drawn litigations.

The study of the DMRC dispute is distinguished because it involves a public-private partnership and is exceptional for two reasons. First, being the first public-private partnership project in metro rail infrastructure in the country, the extraordinary delay in execution of the arbitral award alone highlights the need to create a level-playing field when government is involved as a party. Second, the case showcases glaring loopholes in India’s existing arbitration regime which has allowed courts to unduly intrude and cause inordinate delays at every stage of the process, as a result of which, the amount of interest accumulated eventually outstripped the principal sum initially claimed by DMRC’s private partner in the project. For instance, it took ten months to constitute an arbitration panel, 68 hearings to pass an arbitral award which culminated in 4.5 years from the date of invocation of arbitration clause by DMRC, several layers of appeal, most of which favored one party, and the execution of the award is still pending!! The paper concludes by recommending plausible solutions to strengthen India’s arbitration laws, so that the DMRC fiasco does not get repeated in future at perilous costs borne by foreign and Indian private investors.”

How do I attend?

The paper presentation will held on Thursday, 7 December 2023, at the Old Academic Block, Room 105. This session can also be accessed live on the following link.

The National Law School Of India University (NLSIU) Literary and Debating Society is organizing ‘Literati’ – a literary evening, on Wednesday, December 6, from 5 PM to 7 PM, at the NAB Quad.

This will be a platform for all budding writers who wish to share their original literary pieces (poetry, prose and everything in between). This platform will also celebrate famous literary works across genres and languages.

Please reach out via if you have any concerns or suggestions.

In this week’s faculty seminar, Dr. Bastian Steuwer will present his paper titled “Economic Reservations: Ideal and Reality” on Wednesday, 6 December 2023. Prof. Arun Thiruvengadam will be the discussant.

Abstract

To which extent should economic criteria be relevant for reservation policies? The 103rd Amendment to the Constitution paved the way for reservations for Economically Weaker Sections (EWS). The Supreme Court upheld the amendment as valid in Janhit Abhiyan v. Union of India. The amendment was seen as a hallmark moment in Indian politics. Critics saw it as a blow against anti-caste politics, supporters welcomed its addition to India’s affirmative action program. I want to suggest that there are two separate questions on economic reservations. One is the debate on the EWS quota and the reality of EWS reservations embodied in the 103rd Amendment. Another is on the ideal of economic reservations. My argument defends the ideal of economic reservations but is deeply critical of EWS reservations. The EWS quota is a perversion of an otherwise sensible idea.

About the Speaker

Dr. Bastian Steuwer is an Assistant Professor of Politics at Ashoka University. He works on moral, political, and legal philosophy. His current work focuses on equality, discrimination, and distributive justice.