National Law University Odisha
The author, in this piece, recognizes that, in addition to the SC and HCs, the district judiciary holds a constitutional stature and its autonomy, efficiency and effectiveness must be upheld through various reforms. Some of the areas of reform discussed are for financial independence, functional independence and the appointment process.
The author, in this piece, makes a case for holding a single election in India instead of separate elections for the Centre and the States at different time periods. Advocating for One Nation One Election, they discuss the need, expenditure considerations, importance of national parties and good and bad governance considerations while implementing the same. They also opine on how ONOE can be implemented in India.
The author, in this piece, argues that the limitation imposed by Islamic law upon the absolute right over property of an individual has no constitutional remedy in India. The apparent alternatives to such rights are also highly restrictive. These arguments ramify into the need to have a fundamental right to choose which law shall apply to an individual in cases of devolvement of property.
The authors, in this piece, argue that counter speech is a more viable way to curb hate speech rather than resorting to outright censorship. A perspective on hate speech in a global level is provided that gives a view of how other countries deal with this issue, while arguing that anti-hate legislation that is enacted by most countries may not be the best solution to hate speech. Contours of the counter-speech mechanism are provided justifying it as the best solution.
In this piece, the author makes an analytical comparison of marriage equality litigation in Costa Rica and India and argues why the court’s decision in India must follow a similar line of thought as that adopted by the Costa Rican Court while taking into account the approach adopted by the Indian Supreme Court in the Vishaka case.
The authors aim to identify the flaws in the current system of selection and appointment of judges but without searching for an ideal alternative approach, rather seeks to suggest amendments to the existing system. Major shortfalls identified are transparency, diversity, competence and conflict of interest followed by suggestions pertaining to criteria for selection and application process among others.
This article revolves around the premise of why the Supreme Court is the legitimate arbiter in deciding the case of marriage equality in the country and why, as contrasted by some political and legal entities, it can be the final arbiter to the same. The SC must not refrain from upholding constitutional democracy in India and this premise is one such area that demands the application of such democratic ideals.
The author in this piece seeks to examine the constitutionality of the United States’ retreat from previously established abortion rights in view of the non-retrogression principle. Such a regressive ruling holds the potential to compromise various minority rights and jeopardise once-guaranteed liberal necessities that will adversely affect women of colour and non-binary citizens.
The author, in this piece, attempts to illustrate the various complexities afflicting the precise determination of the powers of the President in relation to his Council of Ministers. The current text of the Indian Constitution fails to embody a model of parliamentary democracy in regards to the powers of the President and therefore, a comprehensive alteration becomes necessary.
The author asserts that the law of Blasphemy is essentially a bad law and has no place in today's world in light of legitimization of mob violence, infringement upon freedom of free speech and expression and the discourse about protecting religion. It is concluded that blasphemy laws need a serious relook in the modern era.
The author in this article recognizes that quasi-legislative and quasi-executive functions of the Judiciary affect the separation of powers doctrine and therefore, proposes that Indian courts retrench their PIL jurisdiction by channeling public attention to the most outrageous failings of the executive and leaving the process of law-making to the legislature, drawing from the theories of constitutional dialogue.
The author, in this piece, makes a case for having a tribunal in the global arena that deals with administrative law disputes across the world. The article explores the challenges and feasibility of having such a tribunal in light of the differences between administrative laws in various countries, issues of accountability, regulations, enforcement, etc.
Constitutional Law Society 