Analyzing the Pattern of Arbitrary Visa Revocation of Non-Citizens by the Indian Union Government

The authors in this piece argue that there is an emergence of trend by the Union Government of denying renewal of visas or out-rightly revoking visas of non-citizens without providing an opportunity of being heard, providing any reasoned order, or listing out substantial reasons for the same. The authors have also analysed the legal position under the Passports Act and provisions of the Indian Constitution guaranteeing fundamental rights in light of established judicial precedents to argue that the pattern is arbitrary and needs to be rectified.

12 Sep 2022 0

Has Natural Justice Constitutionalised Administrative Law in India?

By tracing the development of Administrative Law in the United Kingdom and simultaneouslly observing the developments in India, the authors have analysed the course of development of natural justice principles as justiciable concepts in administrative law proceedings. The authors have analysed how through the course of judicial developments, the conceptual form of administrative law transformed into its present functional structure.

7 Sep 2022 0

Res Extra Commercium: A Wrong Import in Article 19(1)(g) Jurisprudence

The author in this essay has argued that the SC judgement in State of Bombay v. R.M.D. Chamarbaugwala incorrectly interpreted and applied the doctrine of Res Extra Commercium to constrict the scope of Article 19(1)(g). The essay examines how application of the instant doctrine has intertwined with the U.S. Law doctrine of police powers to have negative implications for Indian Jurisprudence.

11 Aug 2022 0

Examining the Constitutional Validity of The Constitution (Scheduled Castes) Order, 1950

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.

6 Aug 2022 0

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.

1 Aug 2022 0

Revisiting Air India v. Nergesh Meerza – From a Feminist and Intersectional Prism

This piece revisits the 1981 case of Air India v. Nergesh Meerza and argues that while the final judgement upheld the Right to Equality in terms of employment for Air India hostesses, the judgment left a glaring error while narrowly interpreting the scope of Article 15 to only classify sex discrimination and not expressly recognizing gender discrimination.

27 Jul 2022 0

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.

22 Jul 2022 0

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.

2 Oct 2021 0

Regulating Social Media: Constitutional Rights and the Digital Public Square

The article brings out the inconsistency of social media self regulation by analyzing pertinent issues regarding free speech, censorship and power of tech companies over public discourse, in light of the banning of Former U.S President Donald Trump's Twitter handle. The article refers to key Constitutional principles in navigating these ambivalent issues.

27 Sep 2021 0

1 YEAR ON: REMEMBERING RBG

Marking the first death anniversary of late SCOTUS Associate Justice Ruth Bader Ginsburg, the Constitutional Law Society at NLUO pays their respectful obeisance to the widely revered and loved R.B.G.

18 Sep 2021 0

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.

17 Sep 2021 0

Tracing The Development Of The Right To Education In India Through A Dworkinian Lens

The philosophy of Luck Egalitarianism propounded by eminent jurist Ronald Dworkin argues that social and economic inequality negatively contributes to the achievement of justice and equality. The article traces how this political philosophy has, over the years, driven the development of Right to Education in India.

11 Sep 2021 0

Tag: Constitutional Law