National Law University Odisha
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.
The CBI, as the premier investigating agency of India, has time and again acted in a manner that has prompted various authorities to question its legitimacy, credibility, reliability and impartiality. This article explores instances in its functioning that imply towards such displeasure against it and also discusses the debate behind its constitutional status.
The authors, in this article, discuss the Supreme Court's growing backlog of cases. Through the example of the demonetization verdict, the authors highlight the need for prioritizing substantial legal and constitutional matters. They have also discussed recent reforms made to the case listing system and the need for broad-based reforms to address the issue of backlog.
The author in the piece argues that progressive constitutions should keep pace with societal changes, avoid abuse, and ensure citizen participation. The discussion is in light of the recent events in Chile and India show erosion of constitutional principles, compromising democratic institutions and principles of federalism.
The author in this article highlights the Hon'ble Apex Court's interpretation of the Hindu Minority and Guardianship Act, 1956 and the Hindu Adoption and Maintenance Act, 1956, with regard to the biological mother’s right to decide the child's surname. The article also addresses the question of whose surname will prevail in light of a judgment of Italian Constitutional Court and critiques existing pieces on the Akella verdict.
The author in this piece criticizes the present judicial approach to determine whether a practice is essential to the religion or not. Ramifications of Essential Religious Practice Test have been discussed in an elaborate manner. The author suggests that religious practices should be tested against constitutional morality instead of substantive aspects of religion.
Constitutional Law Society 