Business Standard

Where the text trumps the context

The tension between a regulator and the courts in interpreting the real meaning and the "facial" meaning of a ruling is not going away anytime soon

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Somasekhar Sundaresan
The United States (US) Supreme Court’s ruling upholding the travel ban imposed by President Donald Trump brings to the fore a core question that often comes up in regulatory proceedings even in India. The question is whether a judge must look only at the text of an instrument or an order under challenge, ignoring all other attendant circumstances.

The US Supreme Court ruling is a watershed and will be discussed for decades. At the heart of the dispute was whether Trump aimed the travel ban at Muslims and if he did, would it violate the US Constitution. In a nutshell, here
Disclaimer: These are personal views of the writer. They do not necessarily reflect the opinion of www.business-standard.com or the Business Standard newspaper

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