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.
Seniority as the Basis for Judicial Appointments – A Dubious and an Unjust Norm?
Praneeta Tiwari writes on the current system of judicial appointments and critically analyses it and poses an alternative of merit as the basis for judicial appointments.
The Idea of State and Secularism in the Contemporary World: Through the Prism of Indian and Malaysian Constitution
Manudeep Kaur compares the constitutional framework accommodating multiculturalism in the respective constitutions of India and Malaysia.
Identification of Women via Husbands: A Mockery of Article 15
Debby Jain writes about the customary practice of a woman changing her surname upon marriage and how it consequently contravenes the basic principles enshrined under Article 15.
Enigma Of Virtual Courts In India: A Conundrum
Deveshi Madan and Shubhangi Agarwal critically analyse the legality, accessibility and feasibility of E-courts. They also discuss the challenges faced by virtual hearings.
Regulation v. Rights: The Tipping of the Scales qua the Epidemic Diseases Act, 1897
Preetham Jude Correa from Symbiosis Law School, Pune delineates the myriad of legal complexities that have arisen in India's approach in dealing with the pandemic.
Fundamental Right to Religion in the Indian Context: Not So Fundamental?
Neha Tripathi and Soumya Rajsingh, Assistant Professors of Law, MNLU Aurangabad discuss the test of Essential Religious Practices and the fundamental nature of the right to religious freedom in light of challenges which have to arise due to COVID-19.
The Pillarless Financial Ordinance in Madhya Pradesh: A Constitutional Anathema
Nikunj Maheshwari and Kapil Shrivastava Background In what may be diligently called as a political coup de tat, the Kamal Nath government in the State of Madhya Pradesh was toppled in the early weeks of March, even before his government could present the financial budget for the State. As a result of this political fiasco,... Continue Reading →
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 →
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 →
The Constitutional Question of Privacy in the Pandemic
Anchal Bhateja Rights like the right to life under Article 21 are so cardinal that they cannot be subjected to derogations even during exigencies. The right to life has a wide amplitude and has been interpreted to include a plethora of rights within its ambit. The right to privacy which was read into Article 21... Continue Reading →
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 →