Deveshi Madan and Shubhangi Agarwal critically analyse the legality, accessibility and feasibility of E-courts. They also discuss the challenges faced by virtual hearings.
Enigma Of Virtual Courts In India: A Conundrum
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 →
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 →
A Constitutional Critique of The Personal Data Protection Bill, 2019
Randeep Dahiya Since 1991, India has seen a meteoric rise in the field of digital technology including modalities of surveillance. Such modalities include technological advancements in the form of genetic, biometric, financial and physical monitoring. Augmented by the advent of social media, an urgent need for the establishment of a data protection mechanism in order... 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 →
Protection or Humiliation? An Analysis of the Transgender Persons (Protection of Rights) Bill, 2019
Utkarsh Krishna After gathering ubiquitous criticism for its previous bills pertaining to transgender rights, the Government has yet again come up with a new Transgender Persons (Protection of Rights) Bill, 2019 (the Bill from herein).[i] One of the many commonalities between the Bill and its predecessors is that all of them in the name of... Continue Reading →
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