National Law University Odisha
The institution of marriage and the acts committed between a husband and a wife witnesses a dilution of the public-private divide. The article focuses on the offence of marital rape in the light of such divide by analysing the split verdict the Delhi High Court delivered in the case of RIT Foundation v. Union of India.
Proportionality test has been used quite often in Indian constitutional law jurisprudence. In the absence of a clearly defined rule or standard, courts resort to proportionality standards, that is, balancing individual interests against broader public or state interests. This article will argue that while proportionality has been the dominant lens through which courts evaluate data privacy infringements, procedural doctrines like the hard look review can serve as a complement to proportionality tests.
The article explores how children in India are often subjected to religious coercion—both at home and in educational settings—under the guise of cultural or parental authority. Through constitutional provisions, case law, and international conventions like the UNCRC, the piece argues for a more robust legal and policy framework to uphold children's rights to autonomy, dignity, and cognitive development. It delves into issues such as Bal Diksha, the quality of education in religious institutions like madrasas and gurukuls, and the urgent need for the State to fulfil its parens patriae role. The piece also makes forward-looking recommendations to ensure that religious freedom does not come at the cost of children’s welfare.
This article reconceptualises data as constitutional property under Article 300A and advocates for its protection against unauthorised access. It examines Indian and comparative jurisprudence, critiques existing legal frameworks, and calls for legislative reform to treat data theft as property crime, aligning India’s digital rights regime with evolving global standards.
The Supreme Court in Balaji Raghavan upheld National Awards’ validity, ruling they aren’t “titles” under Article 18(1). However, applying the proportionality test reveals flaws – opaque selection risks bias, undermining equality. Reforms for transparency and inclusivity are needed to align awards with the Constitution’s egalitarian ethos.
This blog critically examines the sub-categorisation of Scheduled Castes in India, highlighting its role in redefining equity and ensuring fairer distribution of affirmative action benefits. While it promises to empower the most marginalised, it also raises concerns about reinforcing caste divisions and political motivations behind such policy shifts.
The author critiques Section 187(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, for diluting crucial procedural safeguards originally provided under Section 167 of the Code of Criminal Procedure. By removing key limitations on police custody, the provision enables detentions of up to 90 days, thereby threatening personal liberty and violating Articles 21 and 22 of the Constitution.
In recent years, the Union Government’s push for Hindi in governance and education, particularly through the National Education Policy, has triggered constitutional concerns. Though framed as promoting multilingualism, the policy's implementation effectively coerces non-Hindi speakers, especially in Tamil Nadu, into linguistic assimilation. This article argues that such imposition violates fundamental rights and fails the proportionality test outlined in Puttaswamy, undermining India’s federal structure and commitment to linguistic diversity.
This blog focuses on some of the controversial sections of the Kenyan “Assembly and Demonstration Bill 2024” and its effect on the right to peacefully assemble as provided by Article 37 of the Constitution of Kenya. It highlights three key concerns: the ban on wearing a mask during demonstrations, legal responsibility for the action of protest-related damage, and restrictions on meetings that can undermine the rights of others. The author draws parallels to similar challenges faced in India, particularly during anti-CAA and farmer protests, emphasizing the need for both nations to safeguard constitutional freedoms while balancing law and order.
This article explores Supreme Court's implied incorporation of due process within Article 21. Though the text of Article 21 merely mentions ‘procedure established by law,’ the author argues that the recognition of unenumerated rights can be justified through historical intent and the relationship between Fundamental Rights and DPSPs. The author however also shows the challenges with such an approach like excessive judicial discretion, lack of hierarchy among rights, and conflation of Articles 14, 19, and 21.
This article critically examines India's diluted separation of powers, stemming from the *Ram Jawaya Kapur* (1955) ruling that favored executive efficiency over strict separation. It argues that this model, particularly with majority and coalition governments, leads to legislative undermining through mechanisms like bypassing parliamentary scrutiny (guillotine, reduced committee referrals). The article concludes by advocating for strengthening legislative oversight mechanisms to counter this "silent shift" towards executive aggrandizement.
This article attempts to understand the differences between the concept of religious freedom in India and the United States. It seeks to locate these differences in the context of the nature of religion in the two countries and its relationship with society. Moreover, it highlights the changing social realities which necessitate a review of the secularism in these countries.
Constitutional Law Society 