Breaching Proportionality, Tearing Constitutionality: The Privacy Concerns of the Criminal Identification Act, 2022

The authors in this article have analyzed the privacy concerns of the recently enacted Criminal Procedure (Identification) Act, 2022 by examining the said legislation by subjecting it to the “proportionality test” further drawing a comparison with the laws of the European Union and the United Kingdom. Continue reading Breaching Proportionality, Tearing Constitutionality: The Privacy Concerns of the Criminal Identification Act, 2022

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

A Watchful Eye at Work: Evolving Workplaces and Emerging Employee Privacy Concerns (Part-2)

In the second part of this series, the authors examine the necessity of various surveillance measures that have been introduced in recent times and look at various domestic and international legislations to propose a robust and right-based framework to safeguard employees’ privacy.
Continue reading A Watchful Eye at Work: Evolving Workplaces and Emerging Employee Privacy Concerns (Part-2)

A Watchful Eye at Work: Evolving Workplaces and Emerging Employee Privacy Concerns (Part-1)

In the first part of this series, the authors analyse the transformation that workplaces and employee monitoring practices have undergone in light of increasing digitisation, remote work and the COVID-19 pandemic. They highlight how monitoring employees’ performance at work borders on surveillance and intrudes upon employees’ privacy in disproportionate and unjustified ways. Continue reading A Watchful Eye at Work: Evolving Workplaces and Emerging Employee Privacy Concerns (Part-1)

The ‘Special’ Problem Plaguing the Supreme Court of India: The Need for Urgent Reforms

In this post, the authors seek to analyse one of the foremost causes of pendencies before the Supreme Court – Special Leave Petitions (SLPs), and previous attempts to reform the same. Following which, they propose a three-tiered system of reform that aims at practicable and effective measures to counter the problem of increasing pendencies plaguing the Supreme Court. Continue reading The ‘Special’ Problem Plaguing the Supreme Court of India: The Need for Urgent Reforms

Caste Based Census: Heralding a New Era of Equality

In this post, the authors elucidate the issue of Caste-based census. The authors explains various intricacies related to the issue and examine how caste-based census can be an instrumental tool in solving the dilemma Other Backward Castes (OBCs) have been facing. The authors also analyse how caste based census can be a way to achieve equality. Continue reading Caste Based Census: Heralding a New Era of Equality

Analysing the Scheme of Open Texture of Legal Language in the Goonda Act, 2021 (Part 2)

The second part of the series uses Ronald Dworkin to elaborate upon how constitutional rights would function as limitations that must be observed by courts to ensure that the interpretive discourse retains ‘justice-qualities’ in the light of broad and vague provisions of the Goonda Act. Continue reading Analysing the Scheme of Open Texture of Legal Language in the Goonda Act, 2021 (Part 2)