Category: Constitutional Law

Constitutional Law

Infusing Social Justice Into our National Institutions: An Analysis of Article 38

In this article, the author first delineates the meaning of Article 38 of the Constitution as envisaged by the constitution framers. The author then delves into the judicial interpretation of Article 38 of the Constitution for fulfilling the key objectives enshrined within the ambit of Article. The author analyses the law and suggests a normative approach towards infusing the text and spirit of Article 38 into the institutions of national life. Continue reading Infusing Social Justice Into our National Institutions: An Analysis of Article 38

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Constitutional Law, Public Policy

Reorganisation of States: Carving a Space for Judicial Review

In this article, the author analyses a relatively unexplored facet of the Indian Constitution, i.e., the reorganization of states under Article 3 and aims to formulate a potential framework of judicial review that ought to be utilized to test any future reorganization on the anvil of constitutionality. The same, according to the author, is imperative to keeping in mind the large-scale significance of state reorganisations and the hitherto-deferential attitude shown by the judiciary to the legislature. Continue reading Reorganisation of States: Carving a Space for Judicial Review

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Constitutional Law, Public Policy

Free-Freebies or Paid-Freebies: Who Pays for it?(Part-II)

In the part II of the article, the author discusses the lack of any judicial precedent regarding the distribution of freebies, which has prompted the political parties to misuse the lacuna that has been created. Political parties have much before the elections start promising various freebies to lure voters into voting for their parties and thus putting a huge burden on the State exchequer. The author concludes by suggesting ways through which the issue can be resolved. Continue reading Free-Freebies or Paid-Freebies: Who Pays for it?(Part-II)

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Constitutional Law, Public Policy

Free-Freebies or Paid-Freebies: Who Pays for it?(Part-I)

In the part I of the article, the author discusses genesis of the idea of freebies in the mainstream Indian politics. The author discusses the relevancy of the same vis-a-vis the point of view of an ordinary voter in line with the burden of freebies in state exchequer. Continue reading Free-Freebies or Paid-Freebies: Who Pays for it?(Part-I)

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Constitutional Law, Constitutional Law, Public Policy

The Case for ‘She’roes in the Army: Unscrambling the Gendered Underpinnings through Babita Puniya

The Apex Court has unequivocally highlighted its quest to bid adieu to entrenched gender inequalities, especially the forms which stem from stereotypical notions. The author of this article analyses the landmark decision in Babita Puniya and inspects the gendered underpinnings of the ‘difficulties’ which are attributed to having women officers in command positions. Continue reading The Case for ‘She’roes in the Army: Unscrambling the Gendered Underpinnings through Babita Puniya

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Constitutional Law, Constitutional Law

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)

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Constitutional Law, Constitutional Law, Criminal Law

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)

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Constitutional Law, Constitutional Law, Human Rights, Jurisprudence

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

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