Author: Constitutional Law Society- NLUO

Battling Digital Disinformation: The Imperative of Fact-Checking in a Participatory Democracy (Part II)

Disinformation and misinformation has been earmarked as a ‘global risk’, causing ‘information pollution’ that adversely impacts decision making and socio-economic and political stability. Part – II intends to explore the evolving interpretation of the theory of ‘marketplace of ideas’ under Article 19(1)(a) to point out that disinformation and misinformation on government affairs distorts the foundation of democracy, i.e., truth. Accordingly, the article emphasises on the need to fact-check in order to ensure plurality of views based on factually true information, since discourse based on false information makes the citizen's participation in democracy a futile exercise.

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Battling Digital Disinformation: The Imperative of Fact-Checking in a Participatory Democracy (Part I)

Disinformation and misinformation has been earmarked as a ‘global risk’, causing ‘information pollution’ that adversely impacts decision making and socio-economic and political stability. In light of this, Part – I of this Article aims to expplain the imperative and constitutionality of the Fact-Check Unit (FCU) under Rule 3(1)(b)(v) of the IT Rules, 2021, through a comparative study. 

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Speaker’s Inaction No Longer Immune: Telangana High Court’s Purposive Lens on Judicial Review Over Speaker’s Delay in Anti-Defection Pleas

In its recent verdict, the Telangana High Court directed the Telangana Legislative assembly speaker to decide the disqualification petitions pending against the defecting Bharatiya Rashtra Samiti (BRS) MLAs into the ruling Congress Party within four weeks. The judgment, Kuna Pandu Vivekanand v. State of Telangana, pronounced by a Single-judge bench of Hon’ble Justice Vijaysen Reddy underscored that a complete abdication of judicial review concerning the inaction of speaker, as a constitutional functionary, is an anathema and repugnant to the greater democratic values. This article analyses this judgement.

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Horizontal Application of Privacy Rights: A Constiutional Tort Framework

This post discusses the critical role of privacy rights in today’s digital landscape, emphasizing enforcement challenges due to privacy’s dual recognition as a fundamental and common law right. Drawing on the Supreme Court’s recent Kaushal Kishor ruling, it advocates for a constitutional tort framework that allows horizontal application of privacy rights within a unified legal structure.

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Laissez-Faire Meets Localism: Domicile Reservations in Karnataka’s Private Sector

The Karnataka government recently introduced a bill mandating substantial reservations for domiciled residents in private-sector jobs, which was swiftly put on hold amid widespread criticism. This blog explores the complex constitutional, legal, and economic ramifications of such domicile-based reservations. By examining judicial precedents and constitutional provisions, the Author highlights the tension between promoting local employment and upholding the principles of meritocracy and laissez-faire that govern private enterprises. Drawing comparisons with similar initiatives in Haryana and Andhra Pradesh, which faced judicial pushback, this analysis underscores the potential risks to Karnataka's economic landscape if the bill were to be implemented. The Author argues that while the intention to support local employment is commendable, it must be balanced with the need to maintain a business-friendly environment and respect for constitutional guarantees of free movement and equality across states.

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FRMB Act 2003: A Source of Fiscal Anxiety, not Prudence

Here, the Author examines the FRBM framework post 2009. It starts with a discussion of the evolution of the Act. It then discusses the logic of fiscal federalism adopted in the Indian constitution - along with its statutory contortions. It problematises the erosion of state fiscal autonomy in the context of the FRBM Act. Finally the piece speaks of the feasibility of balancing fiscal prudence with sub-national fiscal autonomy within the constitutional framework.

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Balancing Rights and Justice: The Constitutionality of Psycho-Analysis Tests

This article delves into the constitutionality of psycho-analysis tests within criminal investigations in India. It critically examines the conflict between these investigative tools and the fundamental rights against self-incrimination (Article 20(3)) and the right to privacy (Article 21) under the Indian Constitution. The author argues that justice should be served while balancing state interests with individual freedoms.

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Deliberation as a Constitutional Requirement: Examining the Judicial Review of Legislative Process in India (Part II)

This article, in two parts examines the constitutional implications of non-deliberative legislative processes in India, focusing on recent controversial laws like the electoral bonds scheme. It argues that deliberation is integral to parliamentary democracy and proposes that courts should be empowered to review legislative processes on grounds of non-deliberativeness to uphold constitutional values and improve democratic outcomes.

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Deliberation as a Constitutional Requirement: Examining the Judicial Review of Legislative Process in India (Part I)

This article, in two parts examines the constitutional implications of non-deliberative legislative processes in India, focusing on recent controversial laws like the electoral bonds scheme. It argues that deliberation is integral to parliamentary democracy and proposes that courts should be empowered to review legislative processes on grounds of non-deliberativeness to uphold constitutional values and improve democratic outcomes.

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One Giant Leap for Intersectionality: Analysis of M. Sameeha Barvin v Joint Secretary

The concept of intersectionality continues to elude judges. While the concept has been applied in a few Supreme Court judgements such as Patan Jamal Valli and Navtej Johar, it is still not easy to understand ‘how’ courts should apply intersectionality. In this article, the Author focuses on the M. Sameeha Barvin v Joint Secretary case from the Madras High Court that throws light on intersectionality. The Author argues that the case acts as an instructive manual on how courts can apply intersectionality in matters of discrimination.

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Consent to Die: A Right or a Risk?

This article analyses the validity of consent given in euthanasia and Right to Die by discussing it through a philosophical and logical discourse. It also puts a spotlight on the lack of legislation and regulation on this regard, and analyses if Right to Die is a viable right.

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