Commentaries by Kartik Kalra | National Law School of India University

Aleksandr Zykov, CC BY-SA 2.0, via Wikimedia Commons

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 [...]

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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. [...]