A CASE IN SUPPORT OF RETAINING SECTION 124A (Part-2)

The intent of the author through this piece is to present a case in support of retaining Section 124A. To build the case, the piece is divided into two parts – Part –I give a brief legislative history and judicial interpretations of the provisions along with an understanding of the provision. Part II entails a critical analysis of commonly cited arguments made in favor of repealing the provisions. Finally, a conclusion is drawn along with suggestions. Continue reading A CASE IN SUPPORT OF RETAINING SECTION 124A (Part-2)

A CASE IN SUPPORT OF RETAINING SECTION 124A (Part-1)

The intent of the author through this piece is to present a case in support of retaining Section 124A. To build the case, the piece is divided into two parts – Part –I give a brief legislative history and judicial interpretations of the provisions along with an understanding of the provision. Continue reading A CASE IN SUPPORT OF RETAINING SECTION 124A (Part-1)

The Constitutionality of a Non-sectarian Requirement: The US Supreme Court’s Considerations on Religious Schools’ Funding

In this article, the author analyses the pending U.S. Supreme Court case Carson v. Makin which delves into the complex question of whether state laws could prohibit funding to sectarian educational institutions, in an otherwise general funding aid scheme for secondary school students. The Court’s decision may have a consequential impact on funding for religious schools, requiring keen attention to First Amendment jurisprudence, owing to a complicated judicial history about the Free Exercise and Establishment clauses. This piece particularly comes in light of a line of recent decisions raising concern over discrimination against sectarian interests. Continue reading The Constitutionality of a Non-sectarian Requirement: The US Supreme Court’s Considerations on Religious Schools’ Funding