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
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
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
In the latest post, Akash attempts to analyse the debate surrounding women’s right to abort, takes in review the existing state of affairs in the United States with respect to existing laws placing restrictions on women’s choice, and propounds the argument of their autonomy. Continue reading The Right to Abort: An Argument for Autonomy
In the latest post, Aditya Sethi writes on the validity of simultaneous elections at the National and the State level in the light of the constitutional framework. Continue reading One Nation One Poll: A Complicated but not a Far Fetched Proposition
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?