The Scrimmage of a Free Democracy: Is it time to bring the Sedition Law in line with the Republican Era?

The author in this piece has discussed the relativity of free speech in light of a free democracy by highlighting the challenges of sedition law in conjunction to the republican era. The author also explores the topic's intersectionality by highlighting facets of democratic function and comments of aspects of legal procedure and function.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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 →

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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 →

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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 →

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Drops of Federalism

Anmol Mittal  A spate of floods in a self-declared water-stressed country has shed light on the governance of water ‘resources’ in India. The assumption of control over Water by the Union is an encouraging sign. India, already a self-declared water-stressed country, faces an immense challenge.[1] Behaviorally, there is not too much evidence to suggest that... Continue Reading →

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Analyzing the Constitutionality of S 33 (7), Representation of People Act, 1951: Proposing Remedies

Deeksha Sharma Recent trends in Indian electoral politics have seen the emergence of an increasing number of candidates contesting from more than one constituency. This article highlights how the apex court of India, had already erroneously upheld the Constitutionality of this provision and also suggests some solutions for the same. This system of parliamentary elections... Continue Reading →

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Reduced to Puppets? The Enchantment of Anti-Defection

Tanmay Batham Tenth Schedule: Brief Overview Webster defines Defection as a conscious abandonment of allegiance or duty (i) while MacMillan defines it simply as an act of leaving one’s country or political party to go to another one. (ii) This understanding of the word indicates that there is a connotation of hostility attached to the... Continue Reading →

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Back Up Plans at The Cost of Electorate

Vrinda Aggarwal On 7th February, 2018, Ashwini Kumar Upadhyay filed a writ petition in the Supreme Court of India against the Election Commission (EC) and the State, challenging the validity of S. 33(7)(a) of the Representation of People’s Act, 1951 (Act), according to which “person shall not be nominated as a candidate for election— in... Continue Reading →

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Need to Revisit the Right to Vote of Migrant Labourers

Advik Rijul Jha According to recent reports, approximately 60 million men and women, crisscrossing the country as migrant workers, were unable to cast their vote because their voting rights are restricted to their villages, where they have to be present to be able to vote.[i] This gives rise to a concern about the political voice-lessness of... Continue Reading →

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