Through an analysis of some of our important constitutional cases, past and present, I seek to engage with the set of diverse political and philosophical values that underlies the text of the Constitution, and has informed its interpretation over the years. These values may be articulate or inarticulate premises of judicial decisions; they may harmonise both horizontally (across constitutional provisions) and vertically (at different levels of abstraction within the same provision), or they may be in irreconcilable conflict. The idea is to arrive at a tentative understanding of the kinds of values that judges invoke in important constitutional cases, and the manner in which they do so – and then to critically question them at both levels. The primary – but by no means exclusive – focus of this blog is upon Part III, or the Bill of Rights.

Biography: I graduated from law school in 2011. As far as possible, I try to write open access. Consequently, legal scholarship/writing that isn’t on this blog may be found on my SSRN Author page or Academia.edu Page (to the extent that the vagaries of copyright law permit).

Please feel free to write to me at gautambhatia1988@gmail.com. I will be happy to provide soft copies of articles or other sources that are referred to in this blog, via email, in case you don’t have access to the databases on which they are stored.

  • Gautam Bhatia

9 thoughts on “About

  1. The About page does not say that you are Gautam Bhatia. Your pieces are very interesting, but kindly put in a few words with your photograph. Only on clicking ssrn author page, academia.edu, could I found out who the author of this excellent blog is! Anyway best wishes!

  2. Supreme Court judges have become extremely stupid in recent years due to the Collegium system. Now they feel threatened that their stupidity will be exposed. For proof, just look at the comments being made by the five judges in the panel hearing the NJAC case. The judges come across as extremely scared and threatened by the meritocracy and good governance system of NJAC.
    And it is no wonder: these judges are themselves a by product of the nepotist collegium era. A lot of incompetent judges are presently in the SC and they are scared of NJAC.

  3. Dear Gautam
    I find your scholarship quite engaging. Your blog rightly assumes that judgments are or rather ought to be based on some legal principles or values. The judges, in recent past, claim to arrive at decisions by applying some principles but often they first decide a case on public opinion, personal bias, and their subjective reading of the law. They then cloak their judgment with purported reasons and principles to suit their finding. This Intellectual dishonesty and ad-hoc approach in judgment writing needs to be discussed in public forums like yours.

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