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.
Does Article 3 of India’s Constitution Reflect ‘Co-operative’ Federalism?
Abhijeet Shrivastava evaluates the scope of Article 3 of the Constitution of India, which relates, inter alia, to the power of the Parliament to re-organize State territories. He analyses the purview of Article 3 when viewed from the archetype model of ‘co-operative federalism’.
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.
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.
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.
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.
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 →
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 →
A Life for a Life: A Discordant Anachronism in Indian Jurisprudence
Rahul Nair For the first time in the history of independent India, capital punishment was meted out to four convicts simultaneously, in a seven-year-old case[1] of gangrape and murder of a young medical student of Delhi. This has sparked several debates regarding the constitutional validity and application of death penalty in India. In this post,... Continue Reading →
The Prorogation Enigma: A Comparative Perspective of Prorogation in the United Kingdom and India
Akshat Trivedi The recent decision of the UK Supreme Court in R v. The Prime Minister[i] was a landmark judgement in terms of common law jurisprudence on Parliamentary prorogation and its judicial review. Herein, the Supreme Court was called on to examine the constitutionality of the advice tendered by Prime Minister Boris Johnson to Her... Continue Reading →