Tag: Proportionality

Constitutional Law, Jurisprudence

Analysing ‘Forced Labour’ Jurisprudence in light of the Pandemic

In this post, the author analyses the meaning and scope of ‘forced labour’ under Article 23(1) by delving into the Constituent Assembly debates and the jurisprudence on forced labour. The author then relies on the standard in PUDR v. Union of India to analyse forced labour during the pandemic. Finally, the author argues against the applicability of the test of proportionality to Article 23, and thereafter concludes by highlighting the limitations of the transformative jurisprudence under Article 23.
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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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