National Law University Odisha
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.
This blog analyses the characterizstion of arbitrariness as an enemy to equality, contending that while the Classification Doctrine and the older Non-Arbitrariness Doctrine both operate primarily as formal, process-based rationality requirements, focused on the means-end connection, the Manifest Arbitrariness Doctrine introduces a more normative, effects-based evaluation of both ends and means.
This blog analyses the characterizstion of arbitrariness as an enemy to equality, contending that while the Classification Doctrine and the older Non-Arbitrariness Doctrine both operate primarily as formal, process-based rationality requirements, focused on the means-end connection, the Manifest Arbitrariness Doctrine introduces a more normative, effects-based evaluation of both ends and means.
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.
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.
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 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.
In this interview conducted by CLS, we talk to Shristi Borthakur. As an advocate practicing in the Delhi High Court, her role in high-profile constitutional cases and her contributions to shaping significant legal principles have greatly influenced both the legal profession and public policy in India. She has particularly been involved in a few landmark cases, such as Dr Sarbesh Bhattacharjee v. State NCT of Delhi and Supriyo & Anr. v. Union of India, which have been instrumental in advancing constitutional principles and shaping the jurisprudence of our country.
This blog piece examines the implications of Section 152 of the Bharatiya Nyaya Sanhita, India's new sedition law, which replaces "Government established by law; with the amorphous concept of 'India'. It critiques the potential for increased censorship and arbitrary interpretation, posing threats to free speech and democratic dissent.
The blog analyzes the inefficiencies arising from frivolous Special Leave Petitions (SLPs) in India's Supreme Court, proposing a two-tier system featuring a quasi-judicial panel to assess SLPs, thereby enhancing efficiency while preserving the Court's power.
Disinformation and misinformation has been earmarked as a ‘global risk’, causing ‘information pollution’ that adversely impacts decision making and socio-economic and political stability. Part – II intends to explore the evolving interpretation of the theory of ‘marketplace of ideas’ under Article 19(1)(a) to point out that disinformation and misinformation on government affairs distorts the foundation of democracy, i.e., truth. Accordingly, the article emphasises on the need to fact-check in order to ensure plurality of views based on factually true information, since discourse based on false information makes the citizen's participation in democracy a futile exercise.
Constitutional Law Society 