Essential Religious Practice Test: A Tale Of Interventionist Judiciary, Inversion Of Agency And Invisiblisation Of Freedom Of Religion

The author in this piece criticizes the present judicial approach to determine whether a practice is essential to the religion or not. Ramifications of Essential Religious Practice Test have been discussed in an elaborate manner. The author suggests that religious practices should be tested against constitutional morality instead of substantive aspects of religion.

Featured post
Featured 0

On Preventive Detention and the Need for a Compensatory Framework in Constitutional Tort Cases.

The author in the article comments on a recent judgement of the Madras High Court (Sunitha v. Additional Chief Secretary) which has highlighted the callousness with which the state misuses preventive detention provisions in the law. Further, the article analyses the compensatory jurisprudence of the Court in constitutional tort cases and the need to develop a legislative framework for the same.

Featured post
Featured 0

Reform, That You May Preserve

The author in this piece discusses the ongoing conflict over the method of judicial appointments in India. He critiques judicial primacy in judicial appointments in light of the dissent of Justice Chelameswar in the NJAC case. The author suggested a new model based on the United Kingdom's model for appointing judges in India.

Featured post
Featured 0

The Standard of Judicial Review in Religious Rights Adjudication

The author in this article discussed the interpretation of the Essential Religious Practices Test over the years. He highlights the need to do away with the Essential Religious Practices Test. The author has also proposed an alternative approach to view the essentiality of a religious practice.

Featured post
Featured 0

On the Qualms of Secularism and Equality

In this article, the authors examine and critique the judgment of Hemant Gupta J. and his reasoning in the case of Aishat Shifa v. State of Karnataka. The piece also suggests that religious freedom and equality needs to be accompanied by a focus on reasonable accommodation.

Featured post
Featured 0

Locating Gender Equality within the Morality of our Constitution

The author in this piece argues and analyzes that the Indian Constitution does not explicitly embody gender equality within the scope of its constitutional morality but various provisions can be interpreted to do so. What lacks is concrete affirmative action for minority gender groups that is necessary for moving forward.

Featured post
Featured 0

Reconsidering Reservations: Including Dalit Muslims and Dalit Christians Within the Ambit of Scheduled Castes

The author in this piece has analysed the Constitution (Scheduled Castes) Order 1950 as unconstitutional by exploring that it it excludes Dalit muslims and Christians under the ambit of the SC status. The author traces the historical overview of the order and put forths that given the transformative constitutionalism and constitutional morality the following have to included under the SC ambit.

Featured post
Featured 0

Kosovo’s Ban on Islamic Headscarves in Schools

The author in this post has expressed his views on the ban on Islamic headscarves by Kosovo. The author also draws parallels with the governments of other Muslim- majority European countries who in order to conform to the western ideals of secularism, religion and neutrality impose such regulations.

Featured post
Featured 0

Covid-19 and its Impact on Indian Federalism

The authors in this piece argue that during the Covid-19 pandemic, the Union Government uses certain legislation in a fashion that undermined the letter and spirit of Indian Federal Setup as envisaged in the Constitution. The authors have also assessed the impact of the use of such legislation and their impact on the fiscal, administrative, agricultural sectors of the economy.

Featured post
Featured 0

Analyzing the Pattern of Arbitrary Visa Revocation of Non-Citizens by the Indian Union Government

The authors in this piece argue that there is an emergence of trend by the Union Government of denying renewal of visas or out-rightly revoking visas of non-citizens without providing an opportunity of being heard, providing any reasoned order, or listing out substantial reasons for the same. The authors have also analysed the legal position under the Passports Act and provisions of the Indian Constitution guaranteeing fundamental rights in light of established judicial precedents to argue that the pattern is arbitrary and needs to be rectified.

Featured post
Featured 0

Has Natural Justice Constitutionalised Administrative Law in India?

By tracing the development of Administrative Law in the United Kingdom and simultaneouslly observing the developments in India, the authors have analysed the course of development of natural justice principles as justiciable concepts in administrative law proceedings. The authors have analysed how through the course of judicial developments, the conceptual form of administrative law transformed into its present functional structure.

Featured post
Featured 0

Res Extra Commercium: A Wrong Import in Article 19(1)(g) Jurisprudence

The author in this essay has argued that the SC judgement in State of Bombay v. R.M.D. Chamarbaugwala incorrectly interpreted and applied the doctrine of Res Extra Commercium to constrict the scope of Article 19(1)(g). The essay examines how application of the instant doctrine has intertwined with the U.S. Law doctrine of police powers to have negative implications for Indian Jurisprudence.

Featured post
Featured 0

Constitutionality of Tracking Web Searches Vis-A-Vis Right to Privacy: An Analysis

The piece anatomizes and critiques the recent steps implemented by the Uttar Pradesh Police to curb the use or watching of pornography by implementing mechanisms which include tracking web-searches as well as storing private data. The author has analyzed these steps in light of Constitutional provisions and former judicial precedents to highlight that not only are these measures unconstitutional, but also go beyond the scope of permissible State action in stymieing individual autonomy of citizens.

Featured post
Featured 0

Regulating Social Media: Constitutional Rights and the Digital Public Square

The article brings out the inconsistency of social media self regulation by analyzing pertinent issues regarding free speech, censorship and power of tech companies over public discourse, in light of the banning of Former U.S President Donald Trump's Twitter handle. The article refers to key Constitutional principles in navigating these ambivalent issues.

Featured post
Featured 0

1 YEAR ON: REMEMBERING RBG

Marking the first death anniversary of late SCOTUS Associate Justice Ruth Bader Ginsburg, the Constitutional Law Society at NLUO pays their respectful obeisance to the widely revered and loved R.B.G.

Featured post
Featured 0

Right To Oxygen And Pandemic Management: Lessons For The Future

This piece analyses the measures adopted by the Indian Judiciary while dealing with the challenges posed before the nation due to the scarcity of oxygen at the peak of the COVID-19 pandemic. The author in this piece argues that over-centralization of power, aggravated the persisting problems and that, an Integrated Health Policy must be equipped to better handle future exigencies.

Featured post
Featured 0

Excessive Delegation and India’s New IT Rules 2021

Mr. Sourav Paul has spurred a debate around the need to maintain checks and balances upon the exercise of power by the executive and legislature. Through a critical analysis of landmark judgements and provisions from our constitution, the author brings to you an informative piece on the new IT rules to allow discussion through introspection of the powers exercised by our authorities over acts that concern the lives of the people of India.

Featured post
Featured 0

WhatsApp Privacy Case: Does WhatsApp Perform A ‘Public Function’ Under Article 226 Of The Constitution?

Abhijeet Shrivastava & Anujay Shrivastava discuss the recent developments surrounding the change in WhatsApp’s privacy policy and explore the idea, whether the functions of the mega-giant qualify as ‘public function’ under the scheme of the Constitution. The authors further suggest a way forward to effectively address the concerns posed by the shift in the company’s privacy policy.

Featured post
Featured 0

Internal and Judicial Review of Judicial Appointments

A gradual, but undeniable, progression has transitioned Indian judiciary from its positivist rigidity, to an era of fluid, pervasive involvement in governance and law-making. Through the course of this article, Sarthak Sethi establishes the same through an analysis of the facet of Judicial appointments.

Featured post
Featured 0

The Excesses in the Application of Article 142

  Dhanishta Mittal The Supreme Court, by exercising this power to grant relief to the disputing parties on multiple occasions, established a precedent, thereby diluting and undermining the authority of the statute which is silent on the matter concerned.[1] Objection to the exercise of such plenary power is primarily because it leads to the framing... Continue Reading →

Featured post
Featured

Balancing the Contours of Federalism with Terrorism

Shubhangi Agarwal and Harsh Singh The Parliament passed the Unlawful Activities (Prevention) Amendment Act, 2019 (“UAPA”) and the National Investigation Agency (Amendment) Act, 2019 (“NIA”) amidst a lot of controversies last year in July. The amendment acts raised serious questions of human rights violation and erosion of federal character. In lieu of the same, the... Continue Reading →

Featured post
Featured

Measures Combating COVID-19 Complicates Privacy Concerns

Khushi Sharma and Aarushi Kapoor The Coronavirus outbreak has been devastating to the extent of raising the fears of superpowers like the US which, despite being the claimant of an extremely developed health infrastructure in the world, is experimenting novel methods to put up a tough fight against COVID-19. Belonging to the genus of severe... Continue Reading →

Featured post
Featured

Up ↑