Author: Constitutional Law Society- NLUO

Navigating the ‘Neutrality’ Quagmire: Unpacking Subhash Desai v. Principal Secretary and the Nabam Rebia Conundrum  

The recent judgment of the Supreme Court in Subhash Desai v. Principal Secretary, Governor of Maharashtra & Ors has lately been in news due to its upcoming hearing before a 7-judge-bench. Subhash was set in the context of the political controversy regarding the intra-party dissent and subsequent alleged defections that took place within the Shiv Sena Legislative Party in Maharashtra. This article critically analyses the position propounded in Subhash regarding the reference of Nabam Rebia v. Deputy Speaker, Arunachal Pradesh Legislative Assembly to a larger bench. Ultimately, this article argues that there are several inconsistencies present in the application of the reasons specified for referring Nabam to a larger bench. Further, it contends that the interim measure proposed in Subhash is unconstitutional in nature and thus, should be set aside.

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Unconstitutionality of Section 15 of the Hindu Succession Act, 1956- Discrimination in the Order of Inheritance

In this Legislation Review, the Author has explained how Section 15 of the Hindu Succession Act violates Articles 14 and 15 of the Indian Constitution, rendering it unconstitutional. This has been done in light of a recent petition to the Supreme Court. While the Act claims that the order of inheritance is based on the proximity of the relationship, Section 15 does not adhere to this principle. This also goes against the principles of justice, equity, and good conscience. Thus a new scheme for Section 15 has been proposed.

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The Places of Worship Act, 1991: An Enquiry into Constitutionality

The Places of Worship Act was intended to cease communal conflicts over history but it has failed to prevent conflicts such as the Gyanvapi Row. A part of this failure is attributable to the legislature’s omission to succinctly identify the existence of complex religious structures and conflicting historical experiences. This article examines the constitutionality of the Act’s provisions against the backdrop of history and provides an analysis of the ambiguity in the Act that needs rectification to ensure the true realization of justice.

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Unveiling the expanded scope of “State”: When private entities take public roles

Article 12 of the Indian Constitution defines “State”. In the initial years of India’s independence, the notion of “state” was defined quite narrowly by the Supreme Court of India. It was only later that the Courts took a liberal view while interpreting “State”. Due to privatisation, there are more private organisations and corporations than ever before. It is essential that they fall under the definition of “State” in order to enforce fundamental rights against them and devolve liability in a way that escorts the devolvement of power and authority from traditional bases like governmental organs to private players. This article examines the evolving interpretation of the term “State” in the Indian Constitution in light of increasing privatization. It emphasizes the importance of safeguarding fundamental rights and explains how courts have expanded the definition of “State” to hold private entities accountable.

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Re-evaluating the U.S. Judgement on Affirmative Action: A need for reconsideration?

The recent US Supreme Court verdict asserting race-based reservation unconstitutional has ignited widespread criticism globally. The article delves into analyzing the implications of the judgment on American society and its education system. Drawing parallels with the trend of affirmative action in India, the authors suggest that the US Supreme Court should draw a comparison between the discrimination faced by untouchables and blacks in India and the US respectively. Hence, the authors advocate for reconsidering the recent judgment, arguing that the previous system of affirmative action aligns better with the principles of justice and equality.

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Federating Rights: Democracy, Federalism and Governance

The article is premised on the recent GNCTD Act and its impact on federalism. It takes a detour from the popular discourse and explores federalism through the lens of fundamental rights. It argues that the right to vote and self-governance can be considered fundamental rights under Article 19(1)(a) of the Indian Constitution.

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Unmasking Dark Patterns: Preserving Cognitive Liberty and Safeguarding Informational Privacy

The author, while recognizing the increased functioning of dark patterns to allude consumers, seeks to delve into the psychological intricacies associated with those and the data protection implications that arise from the employment of such designs. The article also provides an insight into how the Personal Data Protection Bill, 2023 can protect the data privacy rights of users whose choices are unethically manipulated.

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(Part 2) – Transfers of High Court Judges: Testing the viability of planting the seed of transparency in the plant that is opaque procedure

This is the second part out of two parts of an article dealing with the transfer of judges within the Indian judiciary. The second part will explore the validity and viability of the two mechanisms that can instill transparency- suo moto disclosure of reasons by the collegium and obtaining the disclosure of reasons through the Right to Information Act, 2005. It explains how both of these mechanisms are unviable, in turn concluding that the expectation of transparency would not be able to translate into reality.

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(Part 1) – Transfers of High Court Judges: Testing the viability of planting the seed of Transparency in the plant that is opaque procedure

This is the first part out of two parts of an article dealing with the transfer of judges within the Indian judiciary. It is divided into 2 sections. The first section delineates the evolution of jurisprudence on the procedure of transfer. The second section delves into the analysis of the problem and reasons behind the controversies surrounding transfers and weighing arguments that state the pros and cons of the disclosure of reasons.

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Is Volksgeist Ready for recognition of Same-Sex Marriage in India?

In this article, the author brings forth several arguments to display that even though, same sex marriage upholds equal rights of every citizen, owing to India's diverse public opinion landscape, the people are not entirely ready to deal with the issues that can arise as a result of such recognition. Numerous existing laws will require major amendments, a Uniform Civil Code must be in place and customary religious beliefs shall face conflict. So the author opines the need for such recognition but only when volksgeist is ready to accept it.

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What is Obscene in India: Is the Community Standards Test the Best Answer?

In this piece, the author discusses the appropriateness of employing the community standards test as against the Hicklin's test or other tests, for objectively judging cases of obscenity in India. Its evolution, justifications, and shortcomings in terms of national standards, feasibility of the 'reasonable person' analysis and need for protection of artist's expression has been explored.

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