Mihir Rajamane

Tag: jurisprudence

  • A Casteist Rule: the 50% Limit on “Reservations”

    The Supreme Court on 7th November 2022, upheld the Constitutional Amendment that allows for reservations for economically weaker sections (‘EWS’) in public employment and higher education. Among other issues, one ground of challenge was that the 103rd Constitutional Amendment allowed States to reserve more than 50% of positions, which is a cap set by the →

  • The Role of Constitutional Morality in Indian Polity: A Constraint of Social Morality

    Introduction The phrase ‘constitutional morality’ has been employed most recently in the context of Section 377 case law. It was first used in the 2009 Naz Foundation judgment and later in the 2018 Navtej Johar judgment. The term has been used as a dichotomy against the idea of ‘social morality’ or popular opinion, seeking to →