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Latest Edition

NLUD Journal of Legal Studies - Volume 7 - 2025

Justice By Numbers: Sub-Classification Within Reservations

Alok Prasanna Kumar

Abstract

While the Supreme Court in State of Punjab v Davinder Singh (2024) has classified that sub classification within Scheduled Castes and Scheduled Tribes is not per se unconstitutional, the contours of what is a constitutional way to sub-classify castes and tribes for purposes of reservations is still unclear given the differences in the concurring opinions. As states start sub classification exercises, the SC will have to harmonise the somewhat conflicting positions in Davinder Singh to settle the law on the point.

Keywords: sub-classification - scheduled castes & tribes - constitutional validity-judicial harmonization


Back To Basi(c)s: Excavating A 'Basis Rule' of Opinion Evidence in Indian Evidence Law

Prem Parwani

Abstract

This paper explores the existence and normative utility of a 'basis rule' within Indian evidence law. Rooted in Australian common law, the basis rule mandates that an expert opinion must be supported by independently proven facts (factual foundation) and grounded in the expert's domain-specific knowledge (reasoning element). Although widely discussed in Australia, the basis rule has received little attention in India. This paper argues that a version of the basis rule can be inferred from the structure and drafting of the Indian Evidence Act, 1872, particularly through Sections 45, 46, and 51. Drawing on case law, legislative history, and the drafting intent of the Indian Evidence Act, this paper argues that recognising this rule would provide a structured and doctrinally sound framework for assessing expert evidence in Indian jurisprudence. Such recognition is especially vital in light of the expanding role of expert testimony in complex commercial, scientific, and technical disputes

Keywords: opinion evidence - basis rule - Indian Evidence Act - expert testimony -factual foundation andreasoning


'Writ'ing Wrongs by Compensation: Constitutional Torts and the Need to Provide a Method to the Madness

Rushil Batra

Abstract

Constitutional courts in India routinely award compensation for violations of fundamental rights. Such claims for monetary relief, often referred to as constitutional tort claims, evolved as an exception to the doctrine of sovereign immunity and were firmly established as a judicial remedy in Rudal Sah v. State of Bihar ("Rudal Sah"). This paper examines how constitutional courts have applied, and at times departed from, the principles laid down in Rudal Sah. It undertakes an empirical study of High Court decisions from the past five years (2019 to 2024) to map the categories of cases that reach the courts' dockets, the quantum of monetary relief awarded, and the judicial reasoning invoked to justify such relief. The analysis reveals marked inconsistency, as courts shift between rationales of deterrence, palliative relief, exemplary damages, and the metaphorical need to "apply balm to the wounds" of petitioners. In practice, the decisive factor often appears to be little more than the subjective "temper of the court," highlighting the absence of a coherent or principled framework for awarding compensation. To address these inconsistencies, the paper proposes adopting the multiplier method and the Vento guidelines as tools to bring greater clarity, consistency, and predictability to constitutional compensation. In doing so, it attempts to provide a "method to the madness" that characterizes the current state of constitutional tort jurisprudence.

Keywords: constitutional tort - compensation - fundamental rights violations -judicial remedies -Rudal Sah


NLUD Journal of Legal Studies

NLUD Journal of Legal Studies,

National Law University Delhi,
Sector 14, Dwarka, New Delhi,

Delhi, India - 110078

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