The Constitutional Post – The Constitutional Law News Primer

About The Constitutional Post

Since the inception of CLS, it has been our endeavour to encourage, promote and improve the discourse on Constitutional Law amongst the student community. As students of law, the most powerful weapon at our disposal is a firm grip on the Constitution, its provisions, interpretations and developments. 

In a bid to assist those who seek to further their knowledge in the field of Constitutional Law, CLS is pleased to announce the launch of its novel monthly compendium, ‘The Constitutional Post’. The Constitutional Post is a one-stop resource that has been tailored to serve the needs of every kind of reader; from those who merely seek to keep abreast of contemporary Constitutional developments, to those who seek to dive deeper and form informed opinions on their own accord. The write-ups have been adapted to assume no prior knowledge on the part of the readers and attempt to simplify Constitutional events in a comprehensible manner; so much so, that even those who have little to no knowledge of a certain event, will be able to build a strong understanding of the concerned principle.

All editions of the Constitutional Post can be found hyperlinked on this page:

The Constitutional Post – December 2022

Table of Contents:

  1. Supreme Court’s take on the precedence of POCSO over Personal Laws
  2. Scope of Right to be forgotten in court proceedings: Virigina Shylu v. Union of India
  3. Supreme Court dismisses Review Petition filed by Bilkis Bano

The Constitutional Post – November 2022

Table of Contents:

  1. Employees working under the same employer are required to be treated Equally
  2. SC upholds the constitutional validity of the EPS Amendment Act, 2014
  3. Perusing the dissenting opinion in the EWS quota judgement
  4. Nitish Kumar leaves NDA Government in Bihar
  5. Unconstitutionality of the Two Finger Test

The Constitutional Post – October 2022

Table of Contents:

  1. The Supreme Court agrees to consider whether a Muslim girl who is 15 years old is competent to enter into a marriage contract
  2. SC hears pleas on curbing hate speech, issues orders and guidelines
  3. Non requirement of Custodial interrogation cannot be a ground to grant anticipatory bail: Supreme Court
  4. SC rules that supply of illegible copies of documents to detenue amounts to violation of Fundamental Rights under Article 22(5). –
  5. The Collegium and Judicial Independence
  6. Investigating Officer has to subject the accused to psychiatric assessment if his sanity is in doubt: Bombay High Court
  7. Supreme Court delivers split verdict on Karnataka hijab ban case.
  8. Calcutta HC orders SIT probe into Communal Violence Incidents
  9. DNA Tests Can Violate Right To Privacy, Can’t Be Directed As Matter Of Course, Section 112 Evidence Act Protects Children: Supreme Court

The Constitutional Post – September 2022

Table of Contents:

  1. Sacrosanct duty of an able-bodied husband to provide financial support to wife and minor children by legitimate means: Supreme Court
  2. Supreme Court Constitution Bench hears pleas to Centre’s EWS quota
  3. Union Government on the Constitutional validity of Restitution of Conjugal Rights
  4. Marital rape in India: A Never-Ending Legal Battle
  5. Supreme Court begins live streaming of Constitution bench proceedings: A step in the right direction
  6. All Women Entitled To Safe & Legal Abortion, Distinction Between Married & Unmarried Women Unconstitutional: Supreme Court

The Constitutional Post – August 2022

Table of Contents:

  1. How Strictly are pharmaceuticals firms and doctors’ relationships regulated? Dolo freebies case
  2. Hearing of 25 Constitution bench cases in Supreme Court from August 29
  3. Supreme Court on Maternity Leave for non-biological children: Deepika Singh v. CAT
  4. Supreme Court Agrees to hear petition challenging the remission granted by Gujarat Government to 11 convicts in The Bilkis Bano gang Rape Case
  5. Supreme Court on petition against the practice of political parties to promise “irrational freebies” if elected: Ashwini Kumar Upadhyay v the Union
  6. Supreme Court declares Section 3(2) of Benami Transactions Prohibition Act as Unconstitutional

The Constitutional Post – July 2022

Table of Contents:

  1. Can WhatsApp offer different Privacy standards for the European Union and India?
  2. Supreme Court upholds the Constitutional validity of the Prevention of Money Laundering Act: Vijay Madanlal Choudhary v Union of India
  3. Question Of Constitutional Validity Cannot Be Dealt In A Casual/Cryptic Manner: Supreme Court
  4. Fresh clarifications and new directions to the bail guidelines issued by the Supreme Court
  5. Supreme Court asks its Registry to examine and implement Plea of ‘Right to be Forgotten’.
  6. Draupadi Murmu: What the new Tribal President can bring to the Indian table of Minority Rights

The Constitutional Post – April 2022

Table of Contents:

  1. Leaked US Supreme Court Judgement Suggests Overturning of Roe v. Wade
  2. Supreme Court: Article 14 Has No Application to Dispositions Under Will
  3. Supreme Court Imposes ₹50,000 Costs On Himachal Pradesh For Violation of Rights During Land Acquisition
  4. LIC Bound By Article 14; Cannot Substitute Open Recruitment with Absorption of Part-Time Workers
  5. The Supreme Court Stated That the Freedom to Establish an Educational Institution can be Regulated to Guarantee that Suitable Academic Standards, Atmosphere, and Infrastructure are Maintained, as Well as The Prevention of Mismanagement.
  6. Supreme Court Upholds Constitutional Validity of FCRA Amendment Act, 2020 on Forcible Dispossession of Private Property
  7. Reserved Students Entitled to General Category Seats
  8. Supreme Court Imposes Fine on Himachal Pradesh for Violation of People’s Right in a Land Acquisition
  9. Supreme Court: Mere Differential Treatment Cannot on its own be Termed as an ‘Anathema To Article 14’

The Constitutional Post – March 2022

Table of Contents:

  1. Supreme Court: Promotion is Governed by Rules; No Vested Right to Promotion
  2. US Supreme Court rules that a School Board has the Right to Censure a Disruptive Member
  3. Supreme Court: Employee Has No Fundamental Right to Posting or Transfer but State should Consider ‘Family Life’ while Crafting Policy
  4. Supreme Court: No Constitutional Infirmity in “One Rank One Pension” Policy Introduced by Central Govt
  5. RTI Applies to The Enforcement Directorate
  6. No Basis to Treat Vanniyar as a Separate Group – Supreme Court Strikes Down 10.5% Reservation
  7. PIL Seeking Inclusion of Transgender People in Government Sector Jobs
  8. Hijab Ban Judgement of Karnataka HC
  9. State’s Power to Legislate Over Local Bodies

The Constitutional Post – February 2022

Table of Contents:

  1. Italian Constitution Amended to Include Mandatory Protection of the Environment, Biodiversity and Ecosystem
  2. Biden Nominates the First Black Woman to the Supreme Court of the United States
  3. Karnataka HC Rules that Blanket Ban on Online Gaming is Unconstitutional
  4. 62-Year-Old Spends 7 Years in a Detention Centre for Indian Citizenship
  5. Supreme Court Overturns Stay Order Passed by P&H HC Granting 75% Reservation in Private Sector
  6. Madras HC Emphasises Religious Tolerance
  7. Right to Protest Exists Even when the Matter is Sub-Judice Before a Court of Law
  8. Supreme Court: Discrimination on the Ground of Descent in Compassionate Appointment  Impermissible
  9. Writ Petition Which Is Filed Under Article 32 Of The Constitution Of India Seeking Quashing Of An  Fir/ Criminal Proceedings Cannot Be Entertained

The Constitutional Post – January 2022

Table of Contents:

  1. Pennsylvania State Supreme Court Rules Pennsylvania’s Mail-In Voting Law is Unconstitutional
  2. Dangerous, Unconstitutional, And Arbitrary: Supreme Court Quashes Suspension of 12 BJP MLAs from Maharashtra Assembly for One Year
  3. Karnataka Approves Anti-Conversion Legislation in State Assembly
  4. Article 13 Applies to Rules Framed for the Exercise Oo State Legislature’s Powers
  5. Cadre Must Be Used as The Unit for Collecting Quantifiable Data on the Adequacy of Representation
  6. Supreme Court: Daughters Entitled to the Self-Acquired Property of Father Dying Intestate
  7. Uniform Application of the Term Cruelty Regardless of Religion and Personal Laws.
  8. Externment Must Be Used with Utmost Caution and Only in Rare Circumstances
  9. Rules Made to Exercise Powers of the State Legislature are Laws Within the Meaning of Article 13
  10. Fundamental Right to Conjugal Connection not Available for Prisoners

The Constitutional Post – December 2021

Table of Contents:

  1. A Barrage of Confusion Looms Biden’s Vaccine Mandate
  2. US Supreme Court Receives Criticism over Abortion Law Ruling
  3. SC Upholds Constitutionality of the Ban on MTTS By RBI
  4. Centre Appoints Panel to Look into Repeal of AFSPA
  5. Vaccinated And Unvaccinated Employees not on Equal Footing – Mandatory Covid Test for Unvaccinated Employees Reasonable
  6. No Discrimination Between An Unmarried Daughter And a Married Daughter for Compassionate Appointment
  7. Delhi High Court Dismisses Suit Filed Against Syed Waseem Rizvi
  8. Gujarat High Court Rules that Civic Authorities cannot Stop Street Vendors in Selling Non-Vegetarian Food
  9. Supreme Court Issues Notice in a Special Leave to Appeal By a Live-In Couple against Punjab And Haryana High Court Order

The Constitutional Post – November 2021

Table of Contents:

  1. New York Recognises Constitutional Right to Environment
  2. California Court Denies Protection of Sovereign Immunity to NSO Group’s in use of Pegasus Software
  3. Constitutional Courts Cannot Interfere in the Daily Rituals of a Temple
  4. Registration of an Interfaith Marriage cannot be Refused by Insisting on Conversion Approval
  5. Hindutva = ISIS, Boko Haram: Hindu Sena Moves Court to Stop Publication, Sale of Salman Khurshid Book
  6. EWS Reservation: Centre tells SC That it will Revisit Rs. 8 Lakh Income Limit for EWS Quota
  7. JPC Retains Exemption Clause, adopts Personal Data Bill
  8. Further Calls by Allahabad High Court for Implementation of Uniform Civil Code in India
  9. Notice Issued to the State Regarding a Plea Challenging the Validity of Orissa Prevention of Gambling Act 1955

The Constitutional Post – October 2021

Table of Contents:

  1. Canada SC rejects Idea of Basic Structure Doctrine, Unwritten Constitutional Principles
  2. SCOTUS Admits Controversial Texas Abortion Law for Constitutional Scrutiny
  3. Supreme Court Issues Interim Orders on Pegasus Controversy after Union Govt Refuses to File a Detailed Affidavit
  4. Article 21 Includes the Right to Breastfeed for Lactating Mothers
  5. Gauhati HC Holds Habeas Corpus Petitions to be not Maintainable on Missing Cases
  6. Live-In Relationships are a Part of Life Entitled to be Protected under Article 21 of the Constitution
  7. Supreme Court Issues Notice on the Special Leave Petition against the Kerala High Court Order Quashing 80:20 Scholarship Scheme to Muslims and Christians
  8. Supreme Court Reserves Judgement on Issue of Grant of Reservation in Promotion to SCs/STs
  9. 100% Women Reservation in Govt House Allotment Scheme Unconstitutional; Discriminates Against Men & Transgenders: Andhra Pradesh High Court
  10. Centre Says Supreme Court’s Navtej Johar Verdict only does not make Same-Sex Marriages Legal

The Constitutional Post – September 2021

Table of Contents:

  1. Supreme Court: Government Aid, not a Fundamental Right
  2. Is Aadhaar Card a Firm Proof Of Age? Punjab & Haryana HC Answers while Granting Protection to a Couple after they Married against the Family’s Will
  3. Khori Gaon Demolitions Order of the SC
  4. Kerala HC Allows Early Administration of Second Vaccine Dose
  5. SC Allows Classification on Educational Qualification for Promotion
  6. Availability of an Alternative Remedy not an Absolute Bar to Writ Application
  7. No Retrospective Operation of any Rule or Law can be Construed unless the Contrary is Expressed
  8. Manipur High Court: The Transgender Community should be Included in the Covid Relief Scheme
  9. Permitting Only a Muslim Priest to Perform Rituals of Both Hindus and Muslims at Datta Peeta is Violative of Article 25 of the Constitution

The Constitutional Post – August 2021

Table of Contents:

  1. Why did the Parliament Re-Amend Article 342A within 4 Years of its Enactment?
  2. Madras High Court Deviates from its Previous Ruling – Denies Right to be Forgotten in Case of Acquittal 
  3. What has the Recent Supreme Court Ruled on ‘Creamy Layer’?
  4. A Series of Judgements on Marital Rape
  5. Entitlement to ‘Right to be Forgotten and Protection from Invasion of Privacy’ 
  6. DM Permission Not Necessary for Conversion Prior to Interfaith Marriage Rules Gujarat High Court

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