Commentaries by Kartik Kalra | National Law School of India University

The unconstitutional state of affairs doctrine, having its roots in a 1998 judgement of the Colombian Constitutional Court (CCC), has gained immense popularity due to the systemic, policy-based, manifestly illegal acts of executive branches of governments worldwide. Calls for recognizing the existence of an unconstitutional state of affairs have persistently been made in the Latin [...]

The Supreme Court of India recently delivered a judgment in Janhit Abhiyan v. Union of India upholding the Constitution (103rd Amendment) Act, 2019, creating a regime for income-based affirmative action in state-run educational institutions and state-sponsored employment programs. This explainer will illuminate the historical underpinnings of India’s affirmative action scheme and explain its legal evolution. [...]