Category: Uncategorized

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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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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Unmasking Dark Patterns: Preserving Cognitive Liberty and Safeguarding Informational Privacy

The author, while recognizing the increased functioning of dark patterns to allude consumers, seeks to delve into the psychological intricacies associated with those and the data protection implications that arise from the employment of such designs. The article also provides an insight into how the Personal Data Protection Bill, 2023 can protect the data privacy rights of users whose choices are unethically manipulated.

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(Part 2) – Transfers of High Court Judges: Testing the viability of planting the seed of transparency in the plant that is opaque procedure

This is the second part out of two parts of an article dealing with the transfer of judges within the Indian judiciary. The second part will explore the validity and viability of the two mechanisms that can instill transparency- suo moto disclosure of reasons by the collegium and obtaining the disclosure of reasons through the Right to Information Act, 2005. It explains how both of these mechanisms are unviable, in turn concluding that the expectation of transparency would not be able to translate into reality.

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(Part 1) – Transfers of High Court Judges: Testing the viability of planting the seed of Transparency in the plant that is opaque procedure

This is the first part out of two parts of an article dealing with the transfer of judges within the Indian judiciary. It is divided into 2 sections. The first section delineates the evolution of jurisprudence on the procedure of transfer. The second section delves into the analysis of the problem and reasons behind the controversies surrounding transfers and weighing arguments that state the pros and cons of the disclosure of reasons.

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Is Volksgeist Ready for recognition of Same-Sex Marriage in India?

In this article, the author brings forth several arguments to display that even though, same sex marriage upholds equal rights of every citizen, owing to India's diverse public opinion landscape, the people are not entirely ready to deal with the issues that can arise as a result of such recognition. Numerous existing laws will require major amendments, a Uniform Civil Code must be in place and customary religious beliefs shall face conflict. So the author opines the need for such recognition but only when volksgeist is ready to accept it.

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What is Obscene in India: Is the Community Standards Test the Best Answer?

In this piece, the author discusses the appropriateness of employing the community standards test as against the Hicklin's test or other tests, for objectively judging cases of obscenity in India. Its evolution, justifications, and shortcomings in terms of national standards, feasibility of the 'reasonable person' analysis and need for protection of artist's expression has been explored.

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