Naz to Navtej: Navigating Notions of Equality

Naz to Navtej: Navigating Notions of Equality

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Volume 12 Issue 3-4 ()

This paper explores the extent to which Navtej advanced the equality and non-discrimination jurisprudence in India. To do so, it places Navtej besides Naz and traces the parallels and divergences between the two decisions in their interpretation of the equality and non-discrimination provisions. The paper looks at the following themes in Navtej: higher standard of review; indirect discrimination; constitutional morality; intelligibility of differentia; and, transformative constitutionalism. It is argued that while Navtej did not entirely follow Naz, it brought into the Indian jurisprudence certain crucial, independent advancements in the understanding of equality and non-discrimination

Cite as: Gauri Pillai, Naz to Navtej: Navigating Notions of Equality, 12 NUJS L. Rev. 359 (2019)