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
In this post, Priyashi Chhajer and Paras Ahuja criticise the proposition of conferring the right to life on animals. They further suggest a duty-based approach instead of a right-based approach for protection of non-human animals. Continue reading Article 21 and Non-human Animals: A Fallacy?
In this post, Gunjan Shrivastav and Jay Bhaskar Sharma discuss the various implications of the recent apex court judgment which has gone on to establish that the State Government is in no way bound to provide quantifiable data to justify not providing reservation. It discusses the various facets of law and explores how the decision may be both constitutionally invalid and detrimental from a public policy perspective.
Continue reading Right to Reservation: Should it Really be at State’s Discretion?
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)
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)
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