National Law University Odisha
The author in this article highlights the Hon'ble Apex Court's interpretation of the Hindu Minority and Guardianship Act, 1956 and the Hindu Adoption and Maintenance Act, 1956, with regard to the biological mother’s right to decide the child's surname. The article also addresses the question of whose surname will prevail in light of a judgment of Italian Constitutional Court and critiques existing pieces on the Akella verdict.
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 discusses the ongoing conflict over the method of judicial appointments in India. He critiques judicial primacy in judicial appointments in light of the dissent of Justice Chelameswar in the NJAC case. The author suggested a new model based on the United Kingdom's model for appointing judges in India.
The author in this article discussed the interpretation of the Essential Religious Practices Test over the years. He highlights the need to do away with the Essential Religious Practices Test. The author has also proposed an alternative approach to view the essentiality of a religious practice.
In this article, the authors examine and critique the judgment of Hemant Gupta J. and his reasoning in the case of Aishat Shifa v. State of Karnataka. The piece also suggests that religious freedom and equality needs to be accompanied by a focus on reasonable accommodation.
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 author in this piece has explored the Centre-State relations in light of the Covid-19 pandemic. She discusses the need for demarcation of power between Centre and States inter alia disaster management and suggests a way forward.
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 article has discussed the threat of unchecked gubernatorial powers in light of the recent political crisis in Maharashtra. The author also put forth suggestions to secure the constitutional integrity of the Governor's post and federal framework in Indian polity.
The author in this piece has discussed the relativity of free speech in light of a free democracy by highlighting the challenges of sedition law in conjunction to the republican era. The author also explores the topic's intersectionality by highlighting facets of democratic function and comments of aspects of legal procedure and function.
The authors in this piece argue that during the Covid-19 pandemic, the Union Government uses certain legislation in a fashion that undermined the letter and spirit of Indian Federal Setup as envisaged in the Constitution. The authors have also assessed the impact of the use of such legislation and their impact on the fiscal, administrative, agricultural sectors of the economy.
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.
Constitutional Law Society 