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.
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.
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.
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.
The GNCTD Amendment Act – The 1001st Cut to the Constitution
Anchal Bhatheja provides a brief background to the Government of NCT of Delhi Bill followed by examination of the bill from a constitutional perspective.
The Haryana State Employment of Local Candidates Act, 2021: A Critical Analysis
Aryan Birewar briefly tests the recent Haryana State Employment of Local Candidates Act in terms of its constitutionality and analyses the issues and challenges pertaining to this legislation.
Excessive Delegation and India’s New IT Rules 2021
Mr. Sourav Paul has spurred a debate around the need to maintain checks and balances upon the exercise of power by the executive and legislature. Through a critical analysis of landmark judgements and provisions from our constitution, the author brings to you an informative piece on the new IT rules to allow discussion through introspection of the powers exercised by our authorities over acts that concern the lives of the people of India.
Balancing the Contours of Federalism with Terrorism
Shubhangi Agarwal and Harsh Singh The Parliament passed the Unlawful Activities (Prevention) Amendment Act, 2019 (“UAPA”) and the National Investigation Agency (Amendment) Act, 2019 (“NIA”) amidst a lot of controversies last year in July. The amendment acts raised serious questions of human rights violation and erosion of federal character. In lieu of the same, the... Continue Reading →
A Constitutional Critique of The Personal Data Protection Bill, 2019
Randeep Dahiya Since 1991, India has seen a meteoric rise in the field of digital technology including modalities of surveillance. Such modalities include technological advancements in the form of genetic, biometric, financial and physical monitoring. Augmented by the advent of social media, an urgent need for the establishment of a data protection mechanism in order... Continue Reading →
Protection or Humiliation? An Analysis of the Transgender Persons (Protection of Rights) Bill, 2019
Utkarsh Krishna After gathering ubiquitous criticism for its previous bills pertaining to transgender rights, the Government has yet again come up with a new Transgender Persons (Protection of Rights) Bill, 2019 (the Bill from herein).[i] One of the many commonalities between the Bill and its predecessors is that all of them in the name of... Continue Reading →
RTI Amendment Bill: An Attempt to Curtail the Right
Juned Akhter This is for the second time in a span of two years when the Government has endeavoured to pass legislation pertaining to Right to Information Act, 2005 which also comes under the scope of Freedom of Speech and Expression.[i] In 1986, the Supreme Court in the famous case of Mr. Kunwar v.... Continue Reading →