5th CLS Credit Course on ‘Equality Jurisprudence and Legislative Drafting’

REPORT OF 5th CLS CREDIT COURSE ON ‘Equality Jurisprudence and Legislative Drafting’

Date: 1.03.2024-11.03.2024

Platform: Video Conferencing (Google Meet)

The Constitutional Law Society of National Law University Odisha successfully organized the 5th edition of its Certificate Course on the topic of ‘Equality Jurisprudence and Legislative Drafting’. The Course Instructors were Dr. Seema Singh, Professor, University of Delhi, Mr. Colin Gonsalves, Senior Advocate, Supreme Court of India, Ms. Ushashi Datta, LAMP fellow and lawyer, Hon. Tiffany Williams Brewer, Asst. Professor of Law, Howard University, Adv. Thulasi K. Raj and Vice-Chancellor of NLUO, Professor Ved Kumari.

The Course saw 92 registrations at ₹500 registration fee, for 16 hours of lecture, spread into 8 sessions from 1.03.2024-11.03.2024. Participants had already been informed that for successful completion of course, 75% attendance and 50% marks had to be achieved in the final assessment exam.

The Course commenced on March 01, 2024 with an orientation session introducing the course structure, rules, evaluation methods, etc. This was followed by the first session instructed by Dr. Seema Singh on 'Core Theories of Equality Jurisprudence' covering topics like social contract theory, substantive and formal equality, intersectionality, and more.  She delivered a thought-provoking lecture on the notions of equality and rights guaranteed by the Indian Constitution. She differentiated between formal and substantive equality, highlighting the need for special protection and positive discrimination to achieve true equality. Dr. Singh also discussed the challenges faced by the government in implementing provisions for reservations and the issue of reservation in promotions, emphasizing the importance of striking a balance and preventing reverse discrimination.

Sr Adv Colin Gonsalves covered ‘Indian perspectives of contemporary Equality Jurisprudence’ with a focus on recent Supreme Court decisions which included ADM Jabalpur, Kedarnath Singh and Sabarimala Cases. Hon. Tiffany Williams Brewer conducted a session on 'Comparative Analysis of Intersectional Protection of Constitutional Rights'. She explored the foundational concept of equality and its significance within the realms of justice and fairness in society. Hon. Brewer highlighted aspects such as equal treatment, non-discrimination, equality of opportunity, and proportionality, emphasizing the necessity of special protection for vulnerable groups to achieve substantive equality.

Adv. Thulasi K. Raj, delivered insightful sessions on various aspects of equality jurisprudence. She delved into the concept of indirect discrimination, highlighting its salient features and the need to distinguish between wrongful acts and actual discrimination. Adv. Raj also provided a comprehensive overview of anti-discrimination laws in the United States, focusing on the significance of the Civil Rights Act of 1968 and the Voting Rights Act.

The course also featured sessions on legislative drafting by Ms. Ushashi Datta and Professor Ved Kumari wherein, they explored the interdisciplinary nature of legislative drafting, combining the art of crafting clear and persuasive language with the science of legal principles and structures. They discussed the three essentials of a good draft – who, why, and how – emphasizing the importance of legal knowledge, anticipation, and stakeholder consultation.

National Law University Odisha

Kathajodi Campus, SEC - 13, CDA, Cuttack – 753015, Odisha (India),
Ph.: +91 671 2338018 | Fax: +91 671 2338004