Category: Articles

The Best of No Worlds: The Digital Personal Data Protection Act 2023

Before the commencement of the Digital Personal Data Protection Act, 2023, data protection was a concern of a patchwork of other laws including the Information Technology Act. The entire point of introducing a singular separate organic body of law regarding data protection was to reduce the unconsented digital footprint remaining after a person goes offline so as to protect that data from all hands, regardless of the owner of the hands and their purpose. Not only does the Act provide no provision for the automatic deletion of personal data, but it also detaches the state from any such obligation as well.

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Unconstitutionality of RCR: An Opportunity to Democratize ‘Marriage’

The author examines the constitutionality of the Restitution of Conjugal Rights and the State’s intrusion into private familial spheres. Beyond gender discrimination, RCR’s conception of marriage perpetuates inequality. It advocates for a reevaluation of this interpretation, not to negate expectations of intimacy within marriage but to challenge the legal enforcement of sexual relations as a conjugal right. The ongoing plea against the constitutionality of RCR offers an opportunity for the judiciary to redefine conjugal rights and reshape the institution of marriage.

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Challenges and Prospects of Transgender Reservation: A Call for a Universal Approach

The article aims to address the issue of Transgender reservation. The Indian Constitution mandates affirmative measures for safeguarding the interests of vulnerable communities and preventing exploitation. Nevertheless, the author is of the opinion that legislative efforts regarding reservations for the transgender community have been fragmented and incoherent. The author suggests that it is now imperative to grant horizontal reservations for the transgender community. Furthermore, the author stresses the requirement for distinct reservations due to the unique challenges faced by the transgender community, advocating for horizontal reservation, that is flexible and self-adjusting. Finally, the article calls for acknowledging and upholding the legitimate claims of the transgender community to foster a fairer and more equitable society.

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Democracy at Crossroads: Examining the Controversial Practice of Voice Votes in the Indian Parliament

The constitutionality of utilizing voice votes in parliamentary sessions amidst protests raises intricate questions at the intersection of procedural efficiency and democratic governance. Proponents assert that voice votes offer a swift mechanism for decision-making, crucial in the fluid dynamics of legislative proceedings, particularly during protests. They emphasize the necessity of adapting to challenging circumstances to maintain the functionality of the legislative body. To ascertain the constitutionality of voice votes amid protests, a nuanced examination of constitutional principles is imperative. In essence, resolving this issue requires a judicious weighing of competing constitutional values, striving to establish a parliamentary system that not only remains efficient but also upholds democratic ideals, even in the throes of dissent. It beckons a careful calibration to ensure that the mechanisms employed are both expedient and respectful of the democratic norms enshrined in the Constitution.

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From Bench to Society: Assessing the Impact of Judicial Ideology

The article explores the concept of judicial ideology and the three distinct methods employed to measure it, emphasizing the significance of addressing this issue in contemporary legal discourse. Judicial ideology, defined as the set of beliefs and principles guiding judges' decision- making, is a critical factor influencing legal interpretations and decisions. While proxy measures, behavioral assessment, and the transplanting of ideology measures offer ways to gauge judicial ideology, their applicability and limitations vary across different legal systems. As judicial ideologies evolve, the integrity of an independent judiciary is at stake, prompting a call for acknowledgment and definition of these ideologies to ensure fairness and equal protection of rights within the justice system. Ultimately, a comprehensive understanding of judicial ideology is essential to create a legal system that serves all members of society.

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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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