Category: Public Policy

Constitutional Law, Public Policy

Reorganisation of States: Carving a Space for Judicial Review

In this article, the author analyses a relatively unexplored facet of the Indian Constitution, i.e., the reorganization of states under Article 3 and aims to formulate a potential framework of judicial review that ought to be utilized to test any future reorganization on the anvil of constitutionality. The same, according to the author, is imperative to keeping in mind the large-scale significance of state reorganisations and the hitherto-deferential attitude shown by the judiciary to the legislature. Continue reading Reorganisation of States: Carving a Space for Judicial Review

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Public Policy, Securities

PMLA: Turning safeguards on their Heads

In this post, the author has talked about the ever-prevailing issue of money laundering through the lens of the PMLA (Prevention of Money Laundering Act, 1992) by analysing the judgement given by the apex court in the case of Vijay Madanlal Chaudhary v Union of India and the court’s recent acceptance of a plea to review its judgement upholding the validity of these provisions that have been claimed to violate fundamental rights and liberties. Continue reading PMLA: Turning safeguards on their Heads

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Constitutional Law, Public Policy

Free-Freebies or Paid-Freebies: Who Pays for it?(Part-II)

In the part II of the article, the author discusses the lack of any judicial precedent regarding the distribution of freebies, which has prompted the political parties to misuse the lacuna that has been created. Political parties have much before the elections start promising various freebies to lure voters into voting for their parties and thus putting a huge burden on the State exchequer. The author concludes by suggesting ways through which the issue can be resolved. Continue reading Free-Freebies or Paid-Freebies: Who Pays for it?(Part-II)

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Constitutional Law, Public Policy

Free-Freebies or Paid-Freebies: Who Pays for it?(Part-I)

In the part I of the article, the author discusses genesis of the idea of freebies in the mainstream Indian politics. The author discusses the relevancy of the same vis-a-vis the point of view of an ordinary voter in line with the burden of freebies in state exchequer. Continue reading Free-Freebies or Paid-Freebies: Who Pays for it?(Part-I)

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Constitutional Law, Constitutional Law, Public Policy

The Case for ‘She’roes in the Army: Unscrambling the Gendered Underpinnings through Babita Puniya

The Apex Court has unequivocally highlighted its quest to bid adieu to entrenched gender inequalities, especially the forms which stem from stereotypical notions. The author of this article analyses the landmark decision in Babita Puniya and inspects the gendered underpinnings of the ‘difficulties’ which are attributed to having women officers in command positions. Continue reading The Case for ‘She’roes in the Army: Unscrambling the Gendered Underpinnings through Babita Puniya

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Constitutional Law, Criminal Law, Criminal Procedure and Evidence, Human Rights, Public Policy

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

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Constitutional Law, Posts, Public Policy

The UP-Draft Population Control Bill: An Archetype of Misguided Policy-Making

In this post, the authors explore the various provisions of the proposed The Uttar Pradesh Population (Control, Stabilisation and Welfare) Bill, 2021, and analyse it from constitutional and sociological perspectives. The authors conclude with their take on the need, legality and effectiveness of the proposed measures. Continue reading The UP-Draft Population Control Bill: An Archetype of Misguided Policy-Making

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Constitutional Law, Human Rights, Public Policy

Conversion Therapy in India: In Light of Sushma v. Commissioner of Police

In this post, in light of a recent judgment from the Madras High Court, the author critically analyses the practice of conversion therapy and the severely adverse impact it has left on the LGBTQIA+ community. The author also expounds upon the grounds on which it could be banned in India as per precedents, existing laws and conventions, and by taking inspiration from countries which have successfully banned this social evil. Continue reading Conversion Therapy in India: In Light of Sushma v. Commissioner of Police

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Finance & Banking, Information Technology, Posts, Public Policy, Securities, Tax

Cryptocurrency in India: To ban or not to ban

By: Aman Kumar Yadav Introduction Cryptocurrencies are digital representations of value that can be stored and transferred digitally. Simply put, it is a type of digital currency or a medium of exchange just like the US dollar. They function autonomously, unencumbered by traditional banking and government oversight. Countries have repeatedly attempted to implement measures to regulate Cryptocurrency or ban it altogether. This article analyzes India’s … Continue reading Cryptocurrency in India: To ban or not to ban

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Constitutional Law, Human Rights, Public Policy

A Politicised Right to Education

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

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