National Law University Odisha
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 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.
The author in the article comments on a recent judgement of the Madras High Court (Sunitha v. Additional Chief Secretary) which has highlighted the callousness with which the state misuses preventive detention provisions in the law. Further, the article analyses the compensatory jurisprudence of the Court in constitutional tort cases and the need to develop a legislative framework for the same.
The author in this piece has analysed the Constitution (Scheduled Castes) Order 1950 as unconstitutional by exploring that it it excludes Dalit muslims and Christians under the ambit of the SC status. The author traces the historical overview of the order and put forths that given the transformative constitutionalism and constitutional morality the following have to included under the SC ambit.
The authors in this piece have discussed the EWS judgement passed by the Supreme Court of India. They have analysed the EWS judgement to see if they ascertain to the Constitutional spirit and promote equality in the future scope of the society
The author in this post has expressed his views on the ban on Islamic headscarves by Kosovo. The author also draws parallels with the governments of other Muslim- majority European countries who in order to conform to the western ideals of secularism, religion and neutrality impose such regulations.
Abhijeet Shrivastava & Anujay Shrivastava discuss the recent developments surrounding the change in WhatsApp’s privacy policy and explore the idea, whether the functions of the mega-giant qualify as ‘public function’ under the scheme of the Constitution. The authors further suggest a way forward to effectively address the concerns posed by the shift in the company’s privacy policy.
Abhijeet Shrivastava evaluates the scope of Article 3 of the Constitution of India, which relates, inter alia, to the power of the Parliament to re-organize State territories. He analyses the purview of Article 3 when viewed from the archetype model of ‘co-operative federalism’.
A gradual, but undeniable, progression has transitioned Indian judiciary from its positivist rigidity, to an era of fluid, pervasive involvement in governance and law-making. Through the course of this article, Sarthak Sethi establishes the same through an analysis of the facet of Judicial appointments.
Constitutional Law Society 