National Law University Odisha
The author explores the state specificity doctrine with respect to reservations and argues that the reading of Article 341 of the Constitution to bar citizens from claiming benefit of reservation in states other than their states of origin as a misreading of the provision.
In this blog, the authors analyse the recently passed Uttarakhand Minority Education Act, 2025. It is argued that this act is detrimental to constitutionally protected rights of equality and secularism. They argue that what is framed as an emancipatory tool is a way to impose an age-old communal divide.
The Judiciary is frequently criticised for keeping judicial appointments an opaque affair. However, the process is facing a silent crisis of executive delay. Recently, the Supreme Court released a list of candidates who were recommended by the Supreme Court Collegium, but were not appointed as High Court Judges by the Ministry of Law and Justice since 2022. This systemic issue was further underscored by research conducted by the Supreme Court Observer, which found that the Central Government did not accept 24% of all recommendations by Justice Sanjiv Khanna’s Collegium. This piece aims to argue that this unnecessary practice of the Central Government not only exacerbates the predicament of vacancies in the High Courts, but also constitutes a grave violation of the principle of Separation of Powers.
In this interview conducted by CLS, we talk to Swapnil Tripathi.Swapnil is the Lead at Charkha (Centre for Constitutional Law) at Vidhi. His areas of specialisation are judicial review and constitutional interpretation, with a particular focus on Public Interest Litigation. He is also an Associate Fellow of the Royal Commonwealth Society, nominated in recognition of his work in the United Kingdom.
Shivani Tripathi Introduction The year of 2025 witnessed a fierce debate on the issue of post-retirement appointment of judges. The debate was highlighted by contrasting views of two former Chief Justices of India. On 2nd August 2025, Justice D.Y. Chandrachud, while speaking at an event in Mumbai, expressed his thoughts on the appointment of judges... Continue Reading →
This blog piece discusses the development of court fees in India and the implications it has on access to justice as a fundamental right of people, especially given the socioeconomic reality of the country.
This blog piece discusses the development of court fees in India and the implications it has on access to justice as a fundamental right of people, especially given the socioeconomic reality of the country.
Tanya Sara George Introduction “I disapprove of what you say, but will defend to the death your right to say it.” -Evelyn Beatrice Hall As vehemently argued by John Stuart Mill, the freedom of speech and expression are the only central facilitators for the search for truth and knowledge. This freedom is an integral facet... Continue Reading →
This essay examines how states use citizenship as a tool of mass exclusion, as seen in Myanmar and Assam, for political and material gain. The humanitarian consequences of these scenarios are governed by the international order, which neutralizes the humanitarian crisis, but does not supervise the sovereign entity. The essay proposes a thought experiment "Sovereign Human Rights Risk Rating"(SHRR) to analyze the state of accountability. It poses the question as to whether a purely technical, monetary system could achieve such accountability. The essay posits that SHRR would fail. The act of exclusion in this instance is not merely a political choice; rather it is a fundamental act of political sovereignty. The absence of accountability is what this global arrangement is built upon.
The authors explore the usage of disenfranchisement as a tool for political exclusion, particularly of groups likely to vote against political order belonging to minority or historically discriminated groups. The piece questions the legitimacy of the Election Commission's discretionary powers to refuse electoral right on the basis of citizenship, being a body not expressly authorised to determine citizenship, in the face of the constitutionally guaranteed mandate of electoral rights.
This piece examines the Patna High Court decision in Youth for Equality v. State of Bihar. It argues against the Court's pronouncement of the Bihar state's legislature's competence to carry out a census and challenges the the manner in which the Court arrived at its decision.
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.
Constitutional Law Society 