By: Shomesh Srivastava “The function of education is to teach one to think intensively and to think critically. Intelligence plus character – that is the goal of true education.” –Martin Luther King Jr. Two incidents relating to syllabus cut made by Central Board of Secondary Education (CBSE) and the Assam Higher Secondary Education Council (hereinafter ‘AHSEC’) have raised two primary constitutional questions about the rights … Continue reading A Politicised Right to Education
In this post, the author argues that the increasing installation of CCTV cameras in barracks and cells of prisons by state governments violates the right to privacy of prisoners. The author strives to establish how Supreme Court’s direction to install CCTV cameras in prisons fails to satisfy the proportionality and necessity test laid down by it in the Puttaswamy judgment, and therefore the SC needs to revisit its direction in light of the right to privacy recognised by it. Continue reading No Privacy for Prisoners in India
In this post, the author has analysed the interaction of the judiciary with the legislature via-a-vis the separation doctrine, the position in contemporary jurisdictions and the bleak possibility of such a structure in a democratic federal set-up like India.
Continue reading Judges in Legislature: Can the Gap be Bridged Without Hurting the Separation?
In this article, the authors discuss whether the government can force the citizens to give up their Fundamental Rights to avail a government benefit, in light of the recent Jharkhand High Court order which made it mandatory for an under-trial to download the Aarogya Setu Application in order to get a bail. Continue reading Whether the State can Force Citizens to Give Up their Rights in Exchange for Government Benefits? An Analysis in Light of Aarogya Setu being made Mandatory for Getting Bail
In this article, the author seeks to analyse both, the majority and the dissenting opinion, of the US Supreme Court, offered in the interpretation of the doctrine of stare decisis in Ramos v Louisiana. The author concludes by arguing as to why the Sixth Amendment right shall be applicable against the States and not only against the Federal Government. Continue reading Ramos v. Louisiana: The US Supreme Court’s Interesting Take on the Doctrine of Stare Decisis
In this post, the author warns about the possible violation of the right to privacy by the government, through tech-based companies, in light of the current pandemic. He concludes by suggesting the way to keep our data protected. Continue reading Big Tech and Privacy Concern during the Pandemic: A Ticking Timebomb?
In this post, the author endeavours to answer the question revolving around the setting up of the Constitution benches in the Supreme Court and the interpretation of Article 145(3) of the Constitution. Continue reading Interpretation of Article 145(3): An Undecided Substantial Question of Law
In this post, the authors discuss the Surrogacy (Regulation) Bill 2019 and highlight the various perspectives the bill fails to take into account and the implications of its prejudiced outlook. From how certain medical phenomena remain unengaged with, to the failure to recognise the state of the ground reality of society, this piece is an expansive overview of what lacks in the bill and what could have been better.
Continue reading Surrogacy (Regulation) Bill 2019: A Regressive Move on the Verge of Becoming a Reality
In this post, the author attempts to criticise the little protection granted to commercial speech, argues that the distinction made between commercial speech and non-commercial speech in court decisions is based on absurd grounds and appeals to grant equal protection to such speech as a fundamental right. Continue reading Stepmotherly Treatment Given to Commercial Speech under Article 19(1): A Critical Analysis of the Existing Hierarchy
In this post, the author examines how the recent trend adopted by the Supreme Court is going against the constitutional principle of dualism and separation of power. The article provides a comparative analysis of the situation prevalent in developed nations like the UK and the USA. Continue reading Are the Indian Courts Still Following the Constitutional Principle of Dualism? Not Quite So