The authors in this piece have argued against the Constitutionality of the Constitution (Scheduled Castes Order) of 1950 on grounds of non-discrimination and arbitrariness. The article argues that denial of affirmative action benefits to SC converts goes against the letter and spirit of the Indian Constitution and Equality Jurisprudence.
Examining the Constitutionality of the Criminal Procedure (Identification) Act, 2022
This piece examines the Constitutional validity of the Criminal Procedure Identification Act of 2022 and argues that the Act is ultra vires on grounds of excessive delegation of powers. The author also argues that the Act poses serious concerns to privacy rights of people who have been either convicted or arrested under any law.
Revisiting Air India v. Nergesh Meerza – From a Feminist and Intersectional Prism
This piece revisits the 1981 case of Air India v. Nergesh Meerza and argues that while the final judgement upheld the Right to Equality in terms of employment for Air India hostesses, the judgment left a glaring error while narrowly interpreting the scope of Article 15 to only classify sex discrimination and not expressly recognizing gender discrimination.
Constitutionality of Tracking Web Searches Vis-A-Vis Right to Privacy: An Analysis
The piece anatomizes and critiques the recent steps implemented by the Uttar Pradesh Police to curb the use or watching of pornography by implementing mechanisms which include tracking web-searches as well as storing private data. The author has analyzed these steps in light of Constitutional provisions and former judicial precedents to highlight that not only are these measures unconstitutional, but also go beyond the scope of permissible State action in stymieing individual autonomy of citizens.
Pegasus Spyware: An Invisible Threat To People’s Privacy In India
The following article examines the inalienable and intrinsic right to privacy, in purview of the recent Pegasus Spyware controversy and calls for an era of a more robust privacy law in India.
Gujarat Freedom of Religion (Amendment) Act 2021: A Critical Analysis of its Constitutional Validity
The piece analyses the recent amendments to the Gujarat Freedom of Religion Act in light of Constitutional provisions and former judicial precedents to argue that the recent amendment transgresses private rights and individual autonomy.
Regulating Social Media: Constitutional Rights and the Digital Public Square
The article brings out the inconsistency of social media self regulation by analyzing pertinent issues regarding free speech, censorship and power of tech companies over public discourse, in light of the banning of Former U.S President Donald Trump's Twitter handle. The article refers to key Constitutional principles in navigating these ambivalent issues.
1 YEAR ON: REMEMBERING RBG
Marking the first death anniversary of late SCOTUS Associate Justice Ruth Bader Ginsburg, the Constitutional Law Society at NLUO pays their respectful obeisance to the widely revered and loved R.B.G.
Towards Super-Censorship: Analysing the Cinematograph (Amendment) Bill 2021
The author in this piece analyses the recent amendments to the Cinematograph Bill and explores the implications which the recently accorded revisionary powers of the Governments shall have on Freedom of Speech and Expression.
Tracing The Development Of The Right To Education In India Through A Dworkinian Lens
The philosophy of Luck Egalitarianism propounded by eminent jurist Ronald Dworkin argues that social and economic inequality negatively contributes to the achievement of justice and equality. The article traces how this political philosophy has, over the years, driven the development of Right to Education in India.
Can ‘Right To Life’ Be Denied To Married Individuals In A Live-In Relationship?
The authors in this article analyse the debate surrounding the recognition of the domestic cohabitation between married and unmarried individuals by the Supreme Court of India and applicability of Article 21 to such a relationship.
Recognition Of Indirect Discrimination: An Analysis Of Lt. Col. Nitisha v. UOI
This piece analyses the recent judgement of the SC in Lt. Col. Nitisha v. Union of India and traces the development of the doctrine of indirect discrimination over the world, and in India.