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Jurisprudence Procedural Law

BEYOND SECTION 11: RETHINKING RES JUDICATA AND LITIGATION ABUSE IN INDIAN LAW

Himanshu Yadav Introduction Courts have long relied on the doctrine of res judicata to ensure finality in adjudication and to protect the judicial process from repetitive litigation. Res judicata, however, is not a single rule, but an umbrella concept encompassing various distinct legal principles. An overemphasis on the label risks obscuring the substantive content and […]

Categories
Jurisprudence

Revival of Textualism in the Interpretation of Restrictive Instruments

In the context of the recent USSC judgment overturning Roe v Wade, this piece looks at the use of textualism as employed by the bench therein and contrasts it with the Indian use of Textualism as a tool for Constitutional interpretation. Having often been at the receiving end of most criticism, Textualism, this piece argues can be revived as a valid and legitimate tool of interpretation.