National Law University Odisha
This post discusses the critical role of privacy rights in today’s digital landscape, emphasizing enforcement challenges due to privacy’s dual recognition as a fundamental and common law right. Drawing on the Supreme Court’s recent Kaushal Kishor ruling, it advocates for a constitutional tort framework that allows horizontal application of privacy rights within a unified legal structure.
This article delves into the constitutionality of psycho-analysis tests within criminal investigations in India. It critically examines the conflict between these investigative tools and the fundamental rights against self-incrimination (Article 20(3)) and the right to privacy (Article 21) under the Indian Constitution. The author argues that justice should be served while balancing state interests with individual freedoms.
The Supreme Court gave a landmark decision in the Delhi water crisis case. The Author attempts to decode certain aspects of the judgement, focusing on its directive to release Yamuna river water amid acute scarcity in the capital. It examines the legal intricacies surrounding the Court's jurisdiction, the implications for water management, and the dynamics of inter-state water disputes. Central to the discussion is the debate over whether the Court's intervention signifies judicial activism or exceeds its constitutional mandate. By analyzing these complexities, the Article underscores the judiciary's role in ensuring equitable outcomes and protecting fundamental rights in critical public interest matters.
The recent enactment of the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service, and Term of Office) Act, 2023 has gathered significant attention and controversy, particularly due to its apparent contradiction with a recent Supreme Court judgment. This article provides a comprehensive analysis of the Act, highlighting its significant provisions and exploring its legal and constitutional implications. By examining the Act in detail, the article explains the potential repercussions of the legislation and its alignment, or lack thereof, with constitutional principles. This analysis is essential to understand the broader impact of the Act on the electoral framework and democratic processes in India.
The Supreme Court gave an historical verdict that ended the brief but significant era of the Electoral Bonds Scheme. This article aims to clarify the arguments presented by all parties involved and offers an accessible interpretation of the court's judgment. It also aims to delineate suggestions that may be considered as the next step in the overall mission of conducting free and fair elections in the world's largest democracy.
The article examines the Essential Religious Practices Doctrine in India, tracing its evolution, implications, and critiques. It explores how the doctrine, first derived with the intention to protect religious practices with secular and economic connotations, has evolved into an anathema for religious freedom, empowering the Court to decide people’s faith for them. Analysing its impact, the article suggests alternative approaches, emphasizing individual rights and deference to religious groups. It argues for reconsideration of the ERP doctrine due to its potential to undermine religious freedoms and the judiciary's authority, emphasizing the need for the same.
The article aims to address the issue of Transgender reservation. The Indian Constitution mandates affirmative measures for safeguarding the interests of vulnerable communities and preventing exploitation. Nevertheless, the author is of the opinion that legislative efforts regarding reservations for the transgender community have been fragmented and incoherent. The author suggests that it is now imperative to grant horizontal reservations for the transgender community. Furthermore, the author stresses the requirement for distinct reservations due to the unique challenges faced by the transgender community, advocating for horizontal reservation, that is flexible and self-adjusting. Finally, the article calls for acknowledging and upholding the legitimate claims of the transgender community to foster a fairer and more equitable society.
Constitutional Law Society 