Untouchability: The Inadequacy of Purity-Pollution Analysis: Part II (Discrimination on Grounds of Race and Place of Birth)

In the concluding post of the two-part blog series on the inadequacy of the purity-pollution analysis of untouchability, Uttara Vijayakumar examines how the prohibition of discrimination based on race and place of birth is also underwritten by notions of supremacy and inferiority, thus culling out notions of supremacy and inferiority as the scheme of Article 15(2). Continue reading Untouchability: The Inadequacy of Purity-Pollution Analysis: Part II (Discrimination on Grounds of Race and Place of Birth)

Untouchability: The Inadequacy of Purity-Pollution Analysis: Part I (Social Exclusion based on Supremacy-Inferiority as Untouchability)

In the first post of the two-part blog series on the inadequacy of the purity-pollution analysis of untouchability, Uttara Vijayakumar sheds light on the inadequacy of restricting the definition of untouchability to only those instances of social exclusion based on purity and pollution, and consequentially the need to include social exclusion based on arbitrary notions of supremacy and inferiority under Article 17. Continue reading Untouchability: The Inadequacy of Purity-Pollution Analysis: Part I (Social Exclusion based on Supremacy-Inferiority as Untouchability)

The Muslim Women (Protection of Rights on Marriage) Act, 2019: An Evaluation through Article 14

In this post, Gaurav Puri seeks to discuss the anomalies of the Muslim Women (Protection of Rights on Marriage) Act 2019. In the same context, he discusses the features of the Act and analyses its constitutionality with respect to the three constitutional tests under Article 14. Continue reading The Muslim Women (Protection of Rights on Marriage) Act, 2019: An Evaluation through Article 14

As Clever As it Gets: On the Presidential Order Amending Article 370

In this post, Digvijay Chaudhary attempts to establish how the Presidential Order amending Article 370 is untenable in law by re-interpreting the provisions of the article with reference to the judgments in Sampat Prakash and Puranlal Lakhanpal, and proves the process of amendment followed to be twisted and contrary to the Constitution. Continue reading As Clever As it Gets: On the Presidential Order Amending Article 370

Shreya Singhal case and its Enforceability: A Failed Attempt by the Supreme Court to Save Freedom of Speech and Expression

In the latest post, the authors examine how the decisions of the Hon’ble Supreme Court have been flouted by authorities to make unlawful arrests under struck down laws, and illustrate it with the recent case of a BJP activist being arrested for sharing a morphed image of West Bengal CM Mamata Banerjee on social media. They discuss the possible reasons behind such arrests and propose solutions to prevent such practices in future. Continue reading Shreya Singhal case and its Enforceability: A Failed Attempt by the Supreme Court to Save Freedom of Speech and Expression

Defending Special Status for Jammu and Kashmir – Is the Constitution the Bane or the Boon?

By: Avani Agarwal INTRODUCTION Article 370 of the Indian Constitution grants special status to the state of Jammu and Kashmir, restricting the purview of parliamentary powers and allowing the state’s government to have greater autonomy. In accordance with the authority provided by this Article, former President Rajendra Prasad introduced Article 35A into the Constitution, following an agreement negotiated with the then Prime Minister of the … Continue reading Defending Special Status for Jammu and Kashmir – Is the Constitution the Bane or the Boon?

Dodging Secularism: A Deceiving Attempt in Form of the Citizenship (Amendment) Bill, 2016

By: Aditya Saraswat & Anmol Jain INTRODUCTION The NDA-ruled 16th Lok Sabha is due to retire in May 2019. In its last winter session, the ruling party arduously attempted to defend its ‘Sabka Saath Sabka Vikas’ vision by introducing multiple debated legislations amid regular disruptions and walkouts. These include the law criminalising triple talaq; the law provisioning 10% quota for economically poor among the general … Continue reading Dodging Secularism: A Deceiving Attempt in Form of the Citizenship (Amendment) Bill, 2016

Constitutional Limits to Economic Reservations

By: Aparna Singh INTRODUCTION The politics on the reservation has always been fraught with controversies and uncertainties and has sooner or later reached the doors of the Supreme Court. The Constitution (One Hundred and Third Amendment) Act, 2019 (hereinafter ‘The Amendment’) which introduces reservations in favour of “economically weaker sections” (hereinafter ‘EWS’) of citizens is expected to meet the same fate. The Amendment adds Article … Continue reading Constitutional Limits to Economic Reservations